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http://www.usatoday.com/news/opinion/editorials/2005-10-16-faith-edit_x.htm

 

Posted 10/16/2005 8:12 PM

 

> God, government and you

 

> By Noah Feldman

 

> Michael Newdow, a California atheist, has gained plenty of notoriety over

> the past few years. He got a case all the way to the U.S. Supreme Court

> contending that children in general — his daughter in particular — must

> not recite the words "under God" in the Pledge of Allegiance in school.

> Why not? Because he believes the words, which were added in 1954, violate

> the separation of church and state.

> You may have thought Newdow had gone away. After all, the high court threw

> out the case because he doesn't have custody of his daughter. But he's

> back, making the challenge again on behalf of the parents of other

> children. A lower federal court has already ruled in his favor.

>

> Newdow is once again raising hackles and crystallizing just how much a

> quintessential question — one the Framers of the Constitution thought they

> had nailed — has returned to tear at the very definition of what it is to

> be an American. It's a question that's more divisive today than partisan

> politics or even religious beliefs: How much of a role should religion

> play in public life?

>

> The divide

>

> CHURCH-STATE BATTLEGROUNDS

> Ten Commandments: Display them in public buildings? The Supreme Court,

> weighing cases in Kentucky and Texas, ruled in June that the

> constitutionality of a display depends on its purpose and context.

> Saying grace: The U.S. Naval Academy is drawing fire for its 160-year-old

> lunchtime tradition. No lawsuit has been filed because the ACLU has not

> found any midshipmen willing to sue the Navy over the issue.

>

> The Pledge of Allegiance: A federal judge ruled last month that teachers

> leading public school students in reciting the Pledge, which includes the

> words "under God," violates the First Amendment. The Supreme Court has yet

> to rule on the issue.

>

> School vouchers: High on President Bush's agenda, the use of vouchers is

> controversial because in many cases the funds will go to religious

> schools. The Supreme Court ruled such vouchers constitutional in 2002, but

> resistance to their implementation continues at the state and federal

> level.

>

> Intelligent Design (ID): School boards across the country have been

> battling over the new theory, which states that life is too complex to

> have evolved on its own. Many scientists say ID is backdoor creationism

> and is intended to undermine the teaching of evolution. Bush has said he

> supports teaching ID.

>

The country is split between two camps. On one side are those who, like

> Newdow, think that government should be secular, and that the laws should

> make it so. On the other are those who believe that common values derived

> from religion should inform our public decisions just as they inform our

> private lives. An extreme example is former Alabama judge Roy Moore, who

> put up a 2½-ton granite monument to the Ten Commandments in the state

> Supreme Court building and refused to take it down, even when the federal

> courts ordered him to.

>

> The two sides fight it out on a very basic level in debates about when

> life begins — the issue in the abortion and stem cell research debates.

> And when it ends — the issue that engulfed the nation in the Terri Schiavo

> case. Tell me whether you think religion should play a role in government

> decisions, and I'll tell you where you come out on these core debates.

>

> Even the ever-controversial debate over same-sex marriage is really about

> religion and government. Opponents of same-sex marriage say that marriage

> has a traditional religious meaning as the union of one man and one woman.

> They don't want the government to change that. Supporters say that the

> religious definition of marriage has no bearing on the purely legal

> question of whether everyone should have equal access to a benefit given

> by the government.

>

> These hard questions, which reach the U.S. Supreme Court so often, are

> lightning rods for debate because they go to the very heart of who we are

> as a nation.

>

> Is there an answer?

>

> Actually, the Framers had a pretty good one, not that either side is

> reading their intent right. Both like to claim that the Constitution is on

> their side and want to enlist the Founding Fathers for their preferred

> position.

>

> The Newdow-leaners, or "legal secularists," point out that God is

> conspicuously absent from the Constitution, and that the First Amendment

> prohibits an establishment of religion even as it guarantees "the free

> exercise thereof." They conclude that religion and government must be

> separated by a high protective wall. The Moore sympathizers, or "values

> evangelicals," counter that the words "separation of church and state"

> also do not appear in our founding document. Reminding us that the

> Founders' America was almost entirely Christian — and 95% Protestant —

> they conclude that Judeo-Christian values are the true basis for our

> national project.

>

> So, who's right?

>

> Both sides are only half right. The Framers believed to a man in the

> importance of the liberty of conscience, and they barred a national

> established religion in order to protect that value. Obsessed with taxes,

> they thought that an official religion would infringe on religious liberty

> by spending tax dollars for religious purposes. They also knew they could

> never agree on a national religion, given their own diverse denominations.

> But so long as no money was involved and the government was not coercing

> anyone in religious affairs, they had no great objection to religious

> symbols in the public sphere. Thomas Jefferson excepted, all the early

> presidents declared public days of Thanksgiving and prayer — even James

> Madison, author of the First Amendment.

>

> If we were serious about getting back to the Framers' way of doing things,

> we would adopt their two principles: no money and no coercion. This

> compromise would allow plenty of public religious symbolism, but it would

> also put an end to vouchers for religious schools. God could stay in the

> Pledge, but the faith-based initiative would be over, and state funds

> could reach religious charities only if they were separately incorporated

> to provide secular social services.

>

> The public could logically embrace this modest proposal, and the zealots

> on both sides should think it over. Secularists want all Americans to feel

> included as citizens, but right now, many evangelicals feel excluded by

> the limits on their religious expression. Meanwhile, values evangelicals

> should recognize that state funding of religion means their own tax

> dollars are going to support radical religious teachings that they abhor.

>

> Our nation today is more religiously diverse than ever. No longer

> Judeo-Christian (if we ever were), we are now

> Judeo-Christian-Muslim-Buddhist-Hindu-agnostic-atheist. That means we need

> a new church-state solution to reconcile our religious differences with

> our common faith in America. The Framers' own views can lead the way — and

> we should follow.

>

> Noah Feldman, author of Divided By God: America's Church-State Problem —

> and What We Should Do About It, is a professor at New York University's

> School of Law and a fellow of the New America Foundation.

>

> Send us your thoughts on this story by e-mailing editor (AT) usatoday (DOT) com

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