Sunday, November 27, 2011
Does a Sheriff's Ad in a Local Paper Violate the Establishment Clause?
This past Tuesday, the Freedom from Religion Foundation announced they had sent a letter to the Onslow County, North Carolina Board of Commissioners regarding an ad that the county sheriff placed in a local newspaper. The ad was put in a form of a letter and addressed to the town. The ad read, “All Decent and Respectable Citizens…Our society is in a big mess today because good, decent and respectable citizens have ignored the Truth of God, good common sense, and a decent standard because of an opinion given by someone with a doctrinal degree who has no wisdom… Remember, there are no loop holes or places for opinion in the Law of God, The Ten Commandments.” The local news reported that the Sheriff paid for the ad from his personal funds and has done so for numerous ads for the past 21 years. However, the Freedom from Religion Foundation included in their letter that by having the sheriff’s badge and seal, it is in violation of the Establishment Clause as it has a clear religious purpose and is carried by the backing of the Sheriff’s Office.
I believe that the sheriff should be granted the freedom of speech as he is permitted to discuss his religious beliefs on public forums with his private funds. However, I feel that in order to not confuse the public, there should not be his sheriff’s badge and seal included in the ad. He can discuss his religious views all he wants as long as it is not connected back to the Sheriff’s department. By having the badge and seal located in the ad, it can confound the public who could believe that his views represent the department. The FFRF has a valid point in stating the sheriff’s signature is, “meant to carry the weight and authority of the Sheriff’s office and of Onslow County.” The sole purpose of the letter is to urge the readers to “stand and be counted for the Cause of God”. By including his position in law enforcement in his ad he is indirectly establishing religion views for the rest of his colleagues. The Establishment Clause was enacted to separate church and state by not allowing any part of the government to promote, advance or endorse any religion. Throughout his ad there is a clear message of promoting his religious views.
In 2005, the American Civil Liberties Union (ACLU) sued three Kentucky counties in federal district court for exhibiting copies of the Ten Commandments in courthouses and in public schools. The justices concurred that this was in violation of the Establishment Clause as to a reasonable observer it would seem that the government was endorsing certain religious views. In doing so, there was an establishment of religion. This court ruling along with many others that are linked to government’s establishment of religion in public forums further proves my point that the Sheriff’s “message” to the town is inherently religious and innately establishment. Any average person reading this paper would note the seal of the sheriff’s department on the side and would assume that the message was not only coming from the Sheriff but the entire department. If the sheriff wishes to continue with his ads then he should simply remove his seal from the letter. He is completely entitled to his own religious beliefs and is allowed to voice them in a public forum but not while creating the impression of establishment, that the government and his department have the same beliefs.
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