Religion & American Law

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Bradley Johnson, a high school calculus teacher and faculty sponsor of the Westview High School Christian Club sued the Poway Unified School District alleging it violated his right to free speech by requiring him to remove banners emphasizing God from his classroom. The banners, which measured seven feet wide by two feet high, stated in large block type “IN GOD WE TRUST,” “ONE NATION UNDER GOD,” “GOD BLESS AMERICA,” “GOD SHED HIS GRACE ON THEE,” and “All men are created equal, they are endowed by their CREATOR.” While Johnson viewed the banners as his way of “celebrating religious heritage in America,” Westview High School Principal Dawn Kastner and other teachers saw the banners as promoting a religious viewpoint that could potentially make students who didn’t share that same viewpoint feel uncomfortable. Kastner suggested that the passages contained on the banners be displayed within their historical context, such as displaying the complete Declaration of Independence or the full Pledge of Allegiance. She also suggested Johnson reduce the size of the banners, but the teacher refused telling Kastner that he had displayed the banners since 1982 and that he considered it his “right to have them up.” Johnson removed the banners and shortly thereafter filed a lawsuit against the school district in federal district court, claiming his first and fourteenth amendment rights were being violated.

Johnson argued that other teachers in the school district were allowed to hang various posters and displays that, in his opinion, were religious in nature, such as Tibetan prayer flags, a Dalai Lama poster, and a Mahatma Gandhi poster. The court ruled in Johnson’s favor finding the school district had impermissibly limited Johnson’s speech and ordered the District not to interfere Johnson’s future display.

The school board appealed the decision, and on September 13, 2011, the 9th Circuit Court of Appeals reversed the lower court’s ruling. The appeals court said that unlike Johnson’s banners, which offered a clear religious message, the Dalai Lama poster, Tibetan prayer flags, and other classroom posters did not endorse any religious beliefs. According to Appeals court Judge Richard Tallman, “One would need to be remarkably unperceptive to see the [posted] statements… as organized and displayed by Johnson and not understand them to convey a religious message.” The court’s ruling also hinged on its finding that as a high school calculus teacher Johnson speaks “not as an individual, but as a public employee.” “The Constitution,” it said, “does not permit him to speak as freely at work in his role as a teacher about his views on God, our Nation’s history or God’s role in our Nation’s history as he might on a sidewalk, in a park, at his dinner table or in countless other locations.”

Johnson plans to appeal the ruling, saying he will take his case all the way to the Supreme Court, no matter the cost.

Law and Religion come into constant conflict over the question of what can and cannot be displayed in public school classrooms. I agree with the Appellate court ruling against Bradley Johnson. While his banners portray common phrases that most, if not all of his students would recognize, the size and overall message of these banners conflict with what should be a secular classroom. Certainly they have no connection to the subject of calculus or other mathematic classes. Clearly the fact that Johnson is the sponsor of the Christian club shows that Johnson has strong ties to Christianity and that the true intent of displaying the banners in his classroom was to emphasize and impose his beliefs on all students who matriculated through his classroom. The fact he refused Kastner’s alternative options belies his ulterior motive for hanging the banners. The options offered to him – hanging a poster of the complete Pledge of Allegiance or hanging smaller posters was a fair and equitable response to the situation. The fact Johnson chose to remove the banners completely and take the matter to court proves the banners were of particular religious importance to Johnson and were not a way to celebrate American heritage, like he originally stated. As the 9^th Circuit so aptly pointed out, as a teacher, Johnson is not speaking as an individual but as a public employee. He is expected to be a voice of neutrality within his classroom and therefore should focus more on displaying posters of mathematical equations, leaving his religious views to the confines of the Christian club, not his calculus classroom.

Should a religious ceremony be permitted to take place on township property? On September 8, Connecticut politician Lee Whitnum (D) filed a lawsuit in Bridgeport federal court against the town of Greenwich, CT for allowing a Bar Mitzvah, scheduled to coincide with Israeli Independence Day, to take place in Town Hall. Local politician Peter Tesei is also named as a defendant in the case. The lawsuit charges that the ceremony and the flying of the Israeli flag featuring a Star of David outside the town hall violated the Establishment Clause.

In response, Tesei defended the township by asserting that the flags of many other countries, such as France, Italy, and Sweden, are flown on culturally significant days. He argues that the display of the Israeli national flag was no different than any of these. He also points out that the United Jewish Appeal (UJA) Federation paid the custodial fees required to clean up during and after the event. The Executive Director of the UDA Federation of Greenwich, Pamela Ehrenkranz, argued that Israeli Independence Day is not a religious event, and that the Bar Mitzvah held that day did not feature some religious prayers and blessings that would ordinarily be said. However, Whitnum disagrees, as Israel describes itself as a Jewish State.

The group than ran this event essentially rented the facilities, as they paid the custodial fees. And Tesei does make a good point that other cultural events are held at the hall without issue. If the party had merely been a celebration of Israeli independence, then I don’t think there is any problem with the Establishment Clause, even though the Israeli flag being flown for the day features a Star of David. However, because the Bar Mitzvah was held as well, I think that makes this a religious event even if certain prayers were omitted. I’m not Jewish so I don’t know if this is an apples-to-apples comparison, but I have a hard time imagining a secularized baptism. If my analogy holds, then a Bar Mitzvah couldn’t be secularized either – by its nature it is a religious event.

That being said, whether or not this event violated the Establishment Clause depends on whether or not other religious groups are allowed to hold events at the town hall in my opinion. I agree with Rob Boston, spokesman for Americans United for Separation of Church and State, who was quoted later in the article. He essentially said that either everyone has access to state facilities or no one has access – the township cannot allow one religious group to rent facilities but deny access to another. As long as the township doesn’t favor one religion over another for using its space, I don’t believe this is establishment.

The event held at town hall was religious; I have no doubts about that. But as long as the township isn’t playing favorites as to which groups can hold ceremonies at town hall, I don’t think there is a problem. If the township has space and the religious groups are willing to pay to use it, why shouldn’t they be allowed?

A candidate for the 2012 Senate primaries in Connecticut filed suit against the Bridgeport federal court claiming that the town violated the Establishment Clause of the First Amendment when it allowed a Bar Mitzvah to be held on its property. The Bar Mitzvah, a coming of age ceremony for a Jewish boy, coincided with the celebration of Israeli Independence Day put on by the UJA Federation of Greenwich. The lawsuit also raises questions about the legality of displaying the Israeli flag. The flag, pictured below, features a Star of David, a Jewish religious symbol.

First Selectman Peter Tesei, a defendant in this case, argues, "At the request of Greenwich residents, the town of Greenwich annually recognizes various nationalities and ethnic groups and celebrates their heritage," Tesei said. Furthermore, the town acted no differently than it would on say St. Patrick’s Day when it raises an Irish flag. In addition Pamela Ehrenkranz, Executive Director of the UJA Federation of Greenwich, states the events of the day were secular and thus should be permitted as all other national or ethnic celebrations. Ehrenkranz stated, "I believe that other groups celebrate other national independence days. The celebration of Israeli Independence Day is not a religious event. It was by no means connected to a religious holiday or observance."

The case argues that by allowing a religious ceremony to take place on town property it is endorsing one religion over another. Holding the Bar Mitzvah in the town hall does, in my opinion, breach the no establishment clause of the First Amendment. There should be no religious ceremonies being held on this government property. Rob Boston, stresses in the article that, “it’s all about consistency.” Although she stated that this Bar Mitzvah was a nontraditional one, it is still implicit in the ceremony that there be Jewish prayers read, otherwise it would not be considered a Bar Mitzvah. I agree that prayer events should not be held at government property, regardless of if they are in conjunction with other events. An individual may have been going to the town hall to participate in the political activities and been met with a Rabbi performing a religious ceremony with religious texts.

This idea of consistency must be included in the other aspect of this case. The town annually recognizes other nationalities and ethnicities with flag raising ceremonies. Israel is a nationally recognized state regardless of the religious practices of those within the territory. There are many who support Israel who are not Jewish and the celebration of Israel as a country does not imply the endorsement of one religion.

Law and religion intersect here in a unique way. The political affiliations between the United States and Israel have long created controversy and angered many people who believe this to be an endorsement of the Jewish faith. The religion practiced in the state of Israel should have no bearing on whether they should be able to represent their support in the form of a flag. Although many residents do not view Israel’s independence as a reason for celebration, their disagreement does not make the event unconstitutional. The same could be said of those who object to other flag raising ceremonies for political reasons. It is note-able that no one would be taken seriously if they objected to an Italian heritage celebration on Columbus Day. In addition, the UJA Federation paid a fee of $351.83 for the use of the space and custodian cleaning. The celebration followed all of the requirements that other groups must obey. It seems that objection to the raising of the Israeli flag comes not wholly from political disagreement but from a religious bias.

I disagree with the idea of precedence raised with the display of the Ten Commandments on public property. I argue that although the Star of David is a religious symbol, the flag of the country of Israel is a political object and not a religious one. In this context it is not endorsing Judaism and is celebrating a country, not a faith.

In San Francisco, the Hastings College of Law, which is part of University of California, allows over sixty recognized groups to use meeting space, bulletin boards and whatever else they please to do, as long as they follow one rule: religious discrimination is not permitted. Unfortunately, the Christian Legal Society group thought that they were exempt from this rule. The Christian Legal Society decided that nonbelievers and homosexuals are allowed to be a part of their club, however, they cannot become voting members or assume leadership positions. In addition, the Christian Legal Society’s discrimination was not only geared towards homosexuals, it was also aimed towards heterosexual men and woman who participated in sexual activity before marriage. After not being pleased with the outcome of the California court’s decision to rule against the group, the Supreme Court decided to pick up the group’s case and rule out whether or not this religious group’s standards for members is constitutional.

Hastings College shortly withdrew their recognition from the Christian group. In addition, the law school made it clear to the public that their school promotes an open membership to all student groups and all groups must accept all group members as voting members, no matter their belief. Since Hastings is a public institution it is a moral obligation to promote anti-discrimination. According to the first amendment, all institutions should require a religious freedom atmosphere, whether the school is private or public. Public schools are often known to be more diverse and more accepting to different beliefs or cultures, however, if this court case took place at a private law school the same issue would still be raised. There is no private versus public school vendetta when it comes down to religious discrimination, it would still be frowned upon by the majority at any school.

In this new era most court cases involving religious freedom are usually associated with homosexuality, which applies to a lot of people, especially in San Francisco, the unofficial gay capital of The United States. This is why I found this case to be even more interesting, it occurs in a city where almost everyone accepts homosexuality as a part of their life; if they are not gay, they probably know one or more people that are. The people in the Christianity group should realize that given the location of where they are attending school, more people are likely to be homosexual and should be accepting rather than expelling.

In addition to the Homosexuals who experienced discrimination, all people who have participated in sexual activity prior to marriage aren’t allowed to vote in the Christian group either. I have seen many discrepancies regarding sexual orientation discrimination but this is the first time I have seen discrimination involving sex prior to marriage. This is a surprise to me because college is usually known for its, lack of better terms, sex, drugs, and alcohol. Although people are supposed to go to school for education, one night stands and hookups is what college is usually associated with, especially based on movies and television shows. Law school comes after four years of college, and my guess is that unless students are very religious, most people did not wait for marriage to engage in sexual activity. Furthermore, I would assume by the time most people attend law school they would not be able to vote in the Christian group at Hastings according to their standards.

Many American households display a similar iconic photo in a widely visible spot in their home: a framed picture of their high school graduate walking across the stage in cap and gown, accepting their diploma. But for graduates of Brookfield Central and Brookfield East Public High Schools in southern Wisconsin, this proudly displayed memory contains another focal point: a 20-foot tall cross above the stage.

Brookfield’s graduation had traditionally been held in the school’s gymnasium, which was much too small and too hot for the graduating class, their families, and their guests to sit comfortably during the ceremony. In 2000, the students requested to hold the ceremony in a nearby nondenominational evangelical Christian church because the venue was much larger and more comfortable than any space the school could provide. The senior class approved the venue change by a majority vote, and the superintendant, who happened to be a member of this church, agreed to hold the graduation in the church’s huge theater, on the grounds that the church provided more space, amenities, and convenience than the school’s gym, and allowed students to invite more guests than they would have if the ceremony was held at other local, secular venues.

Students and families from the school and Americans for Separation of Church and State filed a lawsuit arguing that holding graduation ceremonies in a place of worship violates the Constitution and makes some attendees feel uncomfortable, and requested a court order to force the schools to find an alternate, secular venue. This week, a three-judge panel of the 7^th Circuit Court of Appeals upheld that as long as the graduation ceremony didn’t hold religious elements, there was no government endorsement of religion, and therefore no violation of the Religion Clause.

Walking across the stage at high school graduation to accept a diploma is considered a rite of passage in American schools, and forcing public school students in a multi-cultural and multi-religious town to choose between asking their families to sit in a mega-church to watch them accept their diploma under a giant cross or skip this momentous occasion all together is not Constitutional. The 7^th Circuit Court found that as long as the ceremony did not contain religious messages or religious pressures, no endorsement of religion was taking place. Essentially, they found that as long as religious paraphernalia was only visible and present but not explicitly mentioned, there was no problem.

But, with this ruling, there is a huge problem. This church, although large, air-conditioned, and “convenient”, is a widely accepted and extremely visibly a place of worship. Pews contained Bibles, prayers, and hymnals, and a giant cross above the stage. One student claimed that the ceremony, which did not mention any denomination or the church itself, was completely secular, and therefore an appropriate venue. But since when are courts okay with the presence of religious paraphernalia or venues for supposedly secular settings as long as they aren’t “explicitly mentioned”? Would it be okay for a schoolteacher to hold class in a room of a nearby church simply because the church’s multipurpose room, while decorated with Bible verses, was larger than the school’s? What if a Judge held Court in the Synagogue down the street because the Court was overscheduled and overcrowded? According to this Court’s reasoning all of these situations could be acceptable because no religious messages are explicitly stated or endorsed—the groups are simply using the venue out of “convenience”, with no religious intent. The consequences of allowing a public high school to hold a secular graduation in a church for convenience reasons are somewhat limited in scope, but the consequences of allowing this "convenience" excuse for violating the Religion Clause to become precedent has dangerous implications because oftentimes, secularity does require extra effort, and these standards should be upheld for future cases where a lot more is sacrificed in the name of convenience.

Verbal messages and readings, while important, are not everything—no one can claim that simply omitting religious speech makes holding a ceremony in a church non-religious. Sitting in an empty church in silence, even while no one else is present, is still a religious activity because churches are still an obvious place of worship, regardless of what the venue is being used for. What if you were planning your Muslim wedding and the Imam tried to convince you that it would make more sense to hold your ceremony at the Catholic Church down the street because it’s bigger, and air-conditioned? True, it’s not a Mosque, but don’t worry—they wouldn’t say or read anything Catholic, so no one will notice the venue at all…right?