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The free exercise of religion

Tom Justice

Lock Haven

Martha Young’s March 5 letter to the editor, “U.S. Constitution keeps religion out of government policies,” is not only philosophically wrong but also wrong as a point of law. She began by quoting the first half of the opening sentence of the First Amendment, but conveniently left out the actual freedom that the Amendment enumerates: that Congress shall make no law “prohibiting the free exercise thereof.”

Evidently, she is uncomfortable with the “free exercise” of religion and, in fact, gives several examples of free exercise that she wishes to eliminate: the Alabama Supreme Court quoting Genesis, House Speaker Johnson describing his world view as “pick up a Bible,” and the Oklahoma superintendent of schools invoking his Christianity regarding two genders. This is also the scientific view, by the way. Having taught human anatomy & physiology for seven years at King’s College, let me say that in the dissection lab, only male sexual organs and female sexual organs are found. And in genetics females have XX chromosomes; males have XY, i.e. two genders. There is a rare XYY Syndrome, found only in males (causing learning disabilities, severe acne, and very tall physique). Americans are free to believe that there are more than two genders, but anatomically speaking there are only two.

Ostensibly, as a matter of law, Ms. Young contends that the people expressing these views–through “free exercise”–must keep their mouths shut. Their beliefs must be “unexpressed” according to Ms. Young, that is, suppressed. What kind of “freedom” is that? In fact, the intention of the First Amendment was to avoid the establishment of a state-sponsored religion, such as the Anglican Church in England, from whose persecutions Puritans and many other denominations fled to America. That is why the opening clause uses the word “establishment.”

Beyond that, Americans have wide latitude in expressing their convictions without fear of “establishing” a state church. Examples abound. Pick out a coin from your pocket, any coin, and you will see “In God we trust” engraved on it. Is that “unconstitutional”? No. It establishes no religion, neither Judaism, Islam, nor Christianity. It merely states that America is not an atheist state, and our oath of allegiance has the phrase “one nation, under God,” for the same reason. The Declaration of Independence declares that “all men are created equal, that they are endowed by their Creator with certain unalienable rights.” Without this belief in “natural rights,” i.e. rights coming from God, all of our rights would become fungible. Those in power would bestow “rights” or remove them as they saw fit. We don’t have to go too far to see where that line of reasoning leads. North Korea is an example.

Instead, Americans are free to express their religion, and that includes in the public, political realm. Every proceeding of the House of Representatives begins with an opening prayer and has done so continuously since 1789. House members include Christians, Jews, Muslims and others. As late as 2019 that was challenged by an atheist who demanded that Congress open with an atheist message, an effort to begin to “establish” an atheist state, but it was rejected as a point of law.

On October 23, 1863, Abraham Lincoln proclaimed “a Day of Thanksgiving and Praise” for, in spite of war, “the gracious gifts of the Most High God” blessed us. Thanksgiving stays with us without the “establishment” of a government religion. In fact, Americans are free to celebrate or not celebrate it in any way that they choose. Similarly, on June 28, 1870, President Ulysses S. Grant signed a bill creating four national holidays: Thanksgiving, Christmas, New Year, and Independence Day. Since then our heads of state have celebrated them quite publicly. Both Republican and Democrat presidents have faithfully pardoned one turkey after another, and Christmas decorations at the White House, whether by Melania Trump or Jill Biden, receive annual praise.

Rutherford B. Hayes began the Easter egg roll on April 22, 1872, and that tradition continues to this day. Perhaps Ms. Young would be interested in volunteering. No? She’s missing the fun and the joy that children have on this day. Every year there is the National Prayer Breakfast, where our presidents and other politicians speak. For one day, at least, the political squabbling and the ad hominem attacks cease and are replaced with expressions of good will. We can envision, once again, a better world.

In the 20th century, great efforts were made to destroy Christianity. The Soviet Union declared itself an atheist state, and priests were murdered, nuns raped, and churches, cathedrals, synagogues were looted, then burned or turned into museums of atheism [See: A People’s Tragedy: The Russian Revolution by Orlando Figes, 1996]. And in Nazi Germany, young people were required to attend Hitler Youth activities on Sundays, expressly to keep them out of churches. “Universities, probably more than any other educational institution in Germany, were strongholds of National Socialism” which demanded that “old ties and traditions” be abandoned [See The Hitler Youth, by E.E. Koch, p. 175, 1975].

Eerily, we can see what has already happened on American college campuses, where Jewish students no longer feel safe. Perhaps we should return to Lincoln’s Thanksgiving message, and “fervently implore the interposition of the Almighty hand to heal the wounds of the nation.” That is a free choice.

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