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Opponents’ Blueprint for a “Secular” Constitution Would Be Unrecognizable to America’s Founders

Written by Kelle Berry

Recently, an activist group known as the Secular Democrats of America (SDA) sent a document to the president and the administration with a directive “to take back the mantle of religious freedom and pluralism.”

On the surface, the title—Restoring Constitutional Secularism and Patriotic Pluralism in the White House—makes the SDA’s mission sound appealing. The document calls to:

“…Oppose discrimination against atheists, agnostics, humanists, seekers, religious and nonreligious persons and to champion the value of freedom of thought and conscience…”

This even makes it sound harmonious with First Liberty’s own mission of protecting religious freedom for all Americans. After all, the First Amendment grants everyone the right to freely exercise their religious beliefs, convictions and to act according to their conscience without government censorship, threat, or coercion.

However, scratching beneath the surface, one sees that the SDA’s demands are much more dangerous. Inside the document, one finds a detailed “blueprint” redefining religious freedom in a way that would be unrecognizable to America’s Founders.

Building a Higher Wall of Separation?

Invoking America’s third president, the SDA implores a return to a “Jeffersonian approach to governance.” In other words, the SDA is petitioning to fortify a higher “wall of separation” between church and state.

Many high school civics students are undoubtedly familiar with those words from Jefferson’s letter to the Danbury Baptists. But what may not be known is that Jefferson wrote them to reassure the church that the First Amendment ensured the government would not interfere in their religious activities. At no time did Jefferson believe that religion and government could not mix.

Indeed, one need look no further than Jefferson’s attendance at church services held inside the U.S. Capitol itself as evidence of his approval of strong church-state relations.

Jefferson and a vast majority of our nation’s Founders understood that faith is not only permissible in the public square, but also beneficial. Houses of worship and religious organizations all faiths care for the sick, feed the hungry, and shelter the homeless. And the benefits don’t stop with charity. A recent study reports that religion contributes $1.2 trillion to the U.S. economy.

In stark contrast to the Founders’ constitutional intent, the SDA commands employees “to separate their personal religious beliefs from their work.” Sadly, some government officials have completely bought into this unconstitutional view.

First Liberty continues to protect Coach Joe Kennedy’s right as a high school football coach to pray alone after games. If the SDA gets its way, Coach Kennedy and millions of other Americans who are government employees will suffer irreparable harm to their First Amendment rights—putting them in the untenable position of choosing between their faith and their job.

Government employees are not the only ones who will suffer under the SDA’s aggressive plan.

Private religious organizations who have historically been able to work with the government are also threatened. In the case of Fulton v. City of Pennsylvania, currently pending before the U.S. Supreme Court, Catholic adoption agencies that have, for decades, worked with the government to provide loving homes for adoptive children have been told to sacrifice their religious identity in order to continue their work.

Unsurprisingly, the SDA opposes the right of the adoption agencies: “[n]o institution, religious or secular, is entitled to access taxpayer funding.” If the SDA gets its way, it won’t just be orphans in need of loving homes who suffer. Millions of Americans who benefit from the benevolent partnership between church and state will also suffer.

Legislation Already Under Way

It’s tempting to quickly dismiss the SDA’s demands. However, people of faith must realize that some in positions of power who sympathize with the SDA’s message are already acting to implement its agenda.

For example, look at the effort on Capitol Hill to pass the so-called Equality Act, which if signed into law, would effectively overturn the Religious Freedom Restoration Act (RFRA) which, as its name suggests, was intended to restore religious freedom.

The Equality Act may sound appealing in name, but the only equality it seeks to achieve is to eradicate any religious beliefs that do not conform to the government’s preferred orthodoxy. It’s a law that would squash dissent and differing viewpoints from the public sphere. The sad irony is that the Equality Act is actually antithetical to the SDA’s stated principles and its championing of pluralism.

At a time when the SDA and many other activist groups are pushing to recreate the U.S. Constitution, First Liberty remains vigilant and undeterred in our mission to protect and defend religious freedom consistent with the vision of America’s Founders. And regardless of who resides in the White House or controls the U.S. Congress, we will continue being the best hope for victory for Americans of all faiths.


This article was originally published at FirstLiberty.org.




Offending Christians: The Bladensburg Cross Case

Written by Paul G. Kengor

One of the major U.S. Supreme Court decisions we’ll soon hear about is the Bladensburg cross case. This is the case in which secularists are demanding the removal of a large cross that memorializes veterans in the town of Bladensburg, Maryland because the cross resides on public property.

It’s crucial to realize that the cross wasn’t erected yesterday. The “Peace Cross” was constructed in 1925 in honor of 49 fallen veterans of World War I. It was designed by the Gold Star mothers and erected by the local post of the American Legion.

The case is known as The American Legion v. The American Humanist Association. The “humanists” argue that the memorial is unconstitutional because it’s fashioned in the shape of a cross on government property, and thus stands in violation of “separation of church and state”—a phrase, of course, not found anywhere in the U.S. Constitution. That language was expressed by Thomas Jefferson in his 1802 letter to the Danbury Baptists, and has been badly abused and misinterpreted ever since.

The fact that the cross is a cross is what makes it unacceptable. (Replace it with a statue of Barney the purple dinosaur and the humanists would withdraw their objections.) Secularists appeal to the First Amendment of the Constitution, which says, in part, that “Congress shall make no law respecting an establishment of religion.” Obviously, allowing the old cross to continue to stand would not create a congressional “establishment of religion.” Anyone who thinks allowing this cross to remain means that the feds are conspiring to implement a national theocracy needs to have his head examined. As they invoke that select handful of words from the First Amendment, the secularists misleadingly do what they always do, namely—avoid the remainder of what the First Amendment says about freedom of religion: the government “shall not prohibit the free exercise thereof.” The American Legion and Gold Star mothers of Bladensburg exercised their freedom of religion in 1925 to honor their fallen brothers and sons. They naturally commemorated them with the cross that represents their faith.

The secularists, however, refuse to view it that way. And that’s quite unfortunate. They would never view themselves and their actions as hostile, but, in reality, that’s what they are. This is hostility toward religion. They likewise would never view themselves and their actions as intolerant, but, in reality, that’s likewise what they are. This is yet another remarkable example of their intolerance. How can people who preach diversity be so blatantly intolerant of the beliefs of others?

For a sense of the lack of respect, consider one of the worst affronts in the case:

A federal appeals court in October 2017 had ruled the cross unconstitutional, asserting that it “excessively entangles” the government with religion. That verdict was rendered in a 2-1 decision by the U.S. Court of Appeals for the 4th Circuit in Richmond, Virginia, which argued that the Peace Cross “aggrandizes the Latin cross” and thereby constitutes a U.S. government endorsement of Christianity. So said a 33-page opinion written by Judge Stephanie Thacker and joined by Judge James A. Wynn Jr.

Thacker’s overall opinion demonstrated a troubling lack of historical-theological awareness. Worst of all was the insensitivity displayed during oral arguments. Thacker, an Obama appointee approved by the U.S. Senate in 2012 by a vote of 91-3, offered a truly novel solution. During oral arguments, Thacker asked the attorney defending the memorial: “What about … my suggestion of chopping the arms off?”

Yes, the judge offered a compromise: slice off the horizontal arms. You heard that right: slice off the arms from the cross of Christ.

Can you imagine? Can you picture it? Grab a photo of the memorial and do your own airbrush. How does it look?

For the record, the Peace Cross, mercifully, does not have a corpus. Thus, the demolition crew wouldn’t be sawing off the arms of Jesus. Nonetheless, imagine the precedent proposed. Presumably, using the Thacker Solution, similar large memorial crosses on government property could all be targeted for arm-removal.

In fact, that prompts this thought: in the interest of fairness and equality, why stop with crosses? Shouldn’t we thus also target the horizontal parts of the Star of David—another religious symbol—if we find them as similarly large memorials on government property? Should they be hunted down? Should they be permitted to remain only if we sawed off the horizontal parts? Of course, the star would no longer be a star, but apparently dismembering it would be a triumph in this greater good of not “entangling” government with religion.

Do we go down this road?

I pose a serious question to Judge Thacker and the secularists: Do you not see how your objections to the cross of Christ might be offensive? In the name of not offending, you’re offending. In the name of inclusion, you’re excluding. In the name of tolerance, you’re engaging in intolerance.

It isn’t like this cross was planted yesterday or is being scheduled for construction in 2020. It has been there for nearly a hundred years. It’s as much historical as spiritual. Can’t you leave it alone at least for that reason? This isn’t a bronzed statue of a Confederate general who whipped slaves on a plantation. This is a testimony to the faith of the men who died for their country in World War I—for peace. Do you not see the aggression in your actions? Why go on the offensive with bulldozers? Leave it alone.

If this was a giant Star of David on public land, I’d be the first to stand with a group of rabbis demanding that secularists back off and respect a century-old memorial. I will fight for the rights of every Christian and Jew and cross and Star of David. The same isn’t true for secular liberals. They pick and choose. They’re the first to harass, fine, sue, shut down, and toss in jail the Christian baker, florist, or marriage clerk. I will defend the liberty of a Muslim baker in Dearborn as well as a Christian baker in Colorado. I will defend the right of an Orthodox Jewish caterer to decline a wedding on the Sabbath just as I’ll defend the right of a Christian florist in Washington state to decline a same-sex wedding ceremony that violates the teachings of her faith and her freedom of conscience.

Far too many secular liberals, however, will not. To this day, Jack Phillips, the Christian baker in Colorado, is hounded with new legal challenges. Militant secularists will not back off from badgering him.

And yet, a colleague of mine who’s an attorney on religious-liberty cases tells me he’s unaware of a single case in which a same-sex couple has sued a Muslim baker for declining a same-sex wedding ceremony. Progressives will not pursue Muslims, even as Muslim bakers likewise openly refuse homosexual couples. They leave them alone. It’s a double standard they impose against Christians.

If they insist there’s no double standard, then let’s see it. Prove otherwise by having the decency to leave the Bladensburg memorial cross alone.


A version of this article first appeared at The American Spectator.