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The perversion of the establishment clause

The perversion of the establishment clause

Zack Pruitt

A football coach in Washington was recently suspended from his duties because he made a habit of praying at midfield following games. Players or students were never asked or required to participate, but some did join him voluntarily for a postgame prayer that typically lasted 15 to 20 seconds. Prior to his suspension, the coach was ordered to stop praying because school officials, citing the Supreme Court, said they did not want to be seen as endorsing religion. The school district said that "students required to be present by virtue of their participation in football or cheerleading will necessarily suffer a degree of coercion to participate in religious activity when their coaches lead or endorse it."

Around the time of the founding of this country, religion was an integral part of daily activities in both government and schools. The Bible was a textbook in many schools, church services were held in the Capitol building, and prayer in both forums was commonplace and routine. The Founding Fathers that wrote the First Amendment lived in such a world and valued its ideals, but in reaction to the heavy hand of the Church of England, they thought it prudent to enshrine that there would be no national church denomination in their new country.

Is religion or law our nation’s shared narrative?
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Is religion or law our nation’s shared narrative?

Rob McFarland

All cultures require a common narrative of identity in order to maintain viability. Religious narratives often serve this purpose well. Religious narratives bind people together in political community. But "we the people of the United States of America" are not bound by a common religious narrative. Our national motto, e pluribus unum, reflects our commitment to both pluralism and unity. Religious pluralism (reflected in both the Establishment and Free Exercise clauses of the First Amendment) precludes a common religious narrative. Without the possibility of a shared religious narrative, what is it that unites our culture?

Law, not religion, is our shared narrative. This explains what I meant in my last post by describing law is our "national religion." Our framers were deeply indebted to the Western tradition which is itself deeply indebted to Judeo-Christian tradition. But it is a mistake, and a significant one, to argue that our framers established a Christian nation. It is a mistake no less severe to argue that the framers established a secular nation without faith and opposed to religious belief.

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