Tag: religious tolerance

A Pelican Ate a Lemon and the Kindness Test

Mark Davis1 Comment

The Pelican State, Louisiana, just passed a law requiring the display of the Ten Commandments in public schools. The posters have a specified size and must be paid for by private donations. The purpose of the law is a blatant attempt to get religion back in public schools but the legal convolutions for trying it out once again are rather interesting, though I don’t think the reasoning will work.

Here’s an NPR interview with Matt Krause of the First Liberty Institute that defends religious liberty cases and supports the new law. He specifically singles out Kennedy v. Bremerton School District as showing a path forward for the Decalogue to reappear on schoolhouse walls. In Kennedy, a football coach would go pray at the 50-yard-line after games. He didn’t gather students with him or utter prayers over a loudspeaker. He just prayed alone. The school district fired him because they were nervous about the separation of church and state and the appearance of endorsement by the school system due to an employee acting religious. SCOTUS, however, used a balancing test between the coach’s First Amendment rights and the school’s desire for non-endorsement and concluded that the school system went too far. Krause thinks that the suspension in Kennedy of a hard delimitation gained from Lemon v. Kurtzman and the adoption of a weaker “history and tradition” standard creates a gap that the Decalogue can sneak through.

I doubt it. The balancing in Kennedy sheds little light on schoolhouse Ten Commandments posters which were ruled against in Stone v. Graham. In Stone, a strict “Lemon test” was applied to the display and it was found to have no secular purpose.… Read the rest

Puritanical Warfare

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The LA Times sheds additional light on the complex question of America’s founding and the religious ideals of historical figures in this piece.  Author John M. Barry described Roger Williams breaking away from the Massachusetts Pilgrims to found Rhode Island, quoting his view of religious liberty:

[even] “the most Paganish, Jewish, Turkish, or Antichristian consciences and worships” [should be allowed to pray or not pray]

“forced worship stinks in God’s nostrils.”

Williams is notable because he stands in stark contrast to John Winthrop who is the source of the “city upon a hill” that is a common reference point in presidential aspirational speeches:

For we must Consider that we shall be as a City upon a Hill, the eyes of all people are upon us

Yet, for all that shiny exceptionalism, Puritans believed slavery was justified by the Old Testament, harassed and executed Quakers, reviled one another as heretics, and believed that God had killed Native Americans using smallpox to give the land to the Puritans:

But for the natives in these parts, God hath so pursued them, as for 300 miles space the greatest part of them are swept away by smallpox which still continues among them. So as God hath thereby cleared our title to this place, those who remain in these parts, being in all not 50, have put themselves under our protection.

The goal of a GOP candidate using the “hill” quote is to invoke the ghost of Reagan. Sadly, the important historical lessons about tolerance and the evolutionary seeds of our modern understanding of the ethics of freedom get lost when it becomes jingoistic.… Read the rest