When it comes to matters of faith, we all want to follow our own consciences. In fact, any threat to religious liberty seems scary. As Americans, attacks on our faith—or our lack of it—feel un-American. Fortunately, liberty won some hard-fought court battles recently. Is the threat staved off for now, securing religious liberty?
Securing Religious Liberty
“It’s kind of a good news bad news scenario,” reports Lathan Watts of First Liberty, one of the nation’s premier forces for securing religious liberty. “We are very busy which means there are a lot of attacks on religious liberty going on around the country. But, we’re also winning, so that’s the good news.”
For Fireside Talk Radio, Lathan reviewed some of recent Supreme Court wins. Notably, he also talked about upcoming battles for securing religious liberty.
Securing Religious Liberty: the Mission
Each year, Lathan and his colleagues at First Liberty handle “hundreds of religious liberty cases,” according to their website. “Today, as the largest legal organization exclusively dedicated to defending religious liberty, First Liberty Institute continues to lead the fight for religious liberty across every state and every generation of Americans….”
Primarily, First Liberty defends against challenges in four main arenas—churches and religious organizations, military, schools, and the public arena. Additionally, they emphasize, “First Liberty fights for people of all faiths whose religious liberty has been threatened or whose First Amendment rights have been violated. Even better, we do it for free.” Across the nation volunteer attorneys work together. Significantly, their efforts mean no cost for clients, thus securing religious liberty.
“We are seeing a lot of progress, for instance, the Supreme Court case we just won in June,” reports Lathan. “The case is the American Legion vs. The American Humanist Association.”
For Example: The Bladensburg Cross Memorial
Sadly, the Humanist Association wanted the Bladensburg Cross Memorial, a WWI monument, either razed or altered. Currently, the memorial sits on property now maintained by the Maryland Parks Commission. According to those who rallied against the monument, the huge cross established an official religion in the United States. Thus, the case triggered an opportunity to review of the Establishment Clause in the First Amendment.
Along the way, “one judge suggested chopping the arms off the cross,” according to Lathan.
Establishment Clause of the First Amendment
The first 10 of the 27 Amendments to the U. S. Constitution are known as the Bill of Rights. The First Amendment ensures the rights of religious liberty, freedom of speech, and freedom of assembly and to petition.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” (For more, go to Bill of Rights Institute.)
Originally, the U.S. Court of Appeals for the Fourth Circuit ruled against the proponents of religious liberty. Notably, it’s the same court with jurisdiction over Arlington National Cemetery.
The Lemon Law: High Stake Consequences
“There were real consequences at stake here,” Lathan explains. He points out that many monuments within Arlington, like the Canadian Cross of Sacrifice or the Argonne Cross, even faced jeopardy. “Hey, while we’re at it, let’s sandblast the word God off the tomb of the unknown soldier,” chuckled Lathan. Clearly, the situation would be funny, if it were’t so serious. (Lathan shared more detail about the consequences of this case, so please listen in to our podcast above for more.)
By appealing to the Supreme Court, First Liberty’s attorneys embraced the Court’s opportunity to clarify the “Lemon Law.” Conspicuously an unclear precedence, the “Lemon Law” clogs courts with cases challenging religious liberty across the nation. According to an article posted March 15, 2019 in SiLive.com, “It should be noted that the ‘Lemon test’ is itself controversial, with many courts opining that it’s difficult to understand and even more difficult to apply.”
Presumed Constitutional
“Probably the most important thing to come out of that opinion (the Supreme Court’s American Legion vs. The American Humanist Association. ruling), written by Justice Alito, said that going forward, monuments, symbols, and practices that are in keeping with the history and tradition of this nation are now presumed constitutional,” reports Lathan. “That is a huge shift. The American Legion, our client, has already identified about three-thousand monuments around the country that are safe now.” (For more on American Legion recognized memorials, click here.)
“When you think about the Establishment Clause, it should be fairly simple,” Lathan clarifies. “The Founders (of the United States) did not want an official church of the United States of America. They’d just finished fighting a war with the greatest empire in the history of the world at that point.” For the colonies, taxation to support the official Church of England fueled another point of contention in the conflict. “That’s not what they wanted here,” Lathan states emphatically. (For official statements on the Establishment Clause from the U.S. government site, click here.)
Coming Soon to Court Near You
Recently, the Supreme turned away an appeal to hear the case of Coach Joe Kennedy, the guy in who got fired in Bremerton, Washington for taking a knee in silent prayer after the local public high school’s football games.
In a rare turn of events, while the Supreme Court declined to hear the case, the Court attached an opinion for clarity. The opinion listed issues needing to be addressed by lower courts before the case can return to the Supreme Court. Naturally, Lathan gets excited about the case because it offers the Court a chance to clarify the Free Exercise Clause.
Free Exercise is “really about your right to live according to what you believe. It’s about the right of conscience, Lathan says. “Even people who aren’t particularly religious have a set of ideas they want to live by and they have the right to do so.”
“They laid out a play book to bring it back,” Lathan exclaims.
Free Exercise Clause
“When he (Coach Kennedy) took the job, He made a commitment to God. If he was given the opportunity to coach and be a part of the kids lives, he would thank God after every game win or lose.” For close to seven years that’s exactly what he did. No one one ever complained. In fact, when someone complementing his character, it made district officials nervous.
“The Free Exercise Clause protects your right to live according to your faith. You don’t abandon that right just because you take a government job,” adds Lathan. (Teenagers will love this video, explaining the Free Exercise Clause, set in a gym, so click here.)
Offering a couple more examples, Lathan asked some powerful questions. Can districts force a Catholic teacher to refrain from making the sign of the cross before eating in the school cafeteria? What about a Jewish teacher who wears a yamaka to school? In Coach Kennedy’s example, he misses the chance to coach young men in the sport he loves as each football season passes. (For how to address contentious issues without being dogmatic, click here.)
Giving Free a Whole New Meaning
“So we’re back at the district court,” says Lathan. “(Coach Kennedy’s) case has been going on for almost four years and it’s probably another two years before it’s finished.”
Even though the price tag of such a lengthy defense would be “astronomical,” First Liberty is a 501-3c with donors from across the country. “That means our clients never get a bill,” Lathan says.
Tyranny vs. Religious Freedom
Personally, I believe Christianity has nothing to fear in the cultural discussions around faith. As a youngster studying world religions and philosophies, As I soon discovered a God who seeks us out by sending His Son. His message stood out in the clash of ideas around religion. (For more on redemption and the art of messing up, click here.) Make no mistake, Christianity emphasizes personal responsibility for sin and forgiveness through atoning sacrifice. Obviously, those who seek to silence such a message betray their own reasons for wanting to shut us up.
“Every totalitarian regime throughout history, one of the first points of conflict is over religious liberty. A totalitarian cannot abide a people who have an allegiance to an authority higher than him, or higher than the government,” explains Lathan, “Take your pick: Stalin, Mao, Pol Pot, even Chavez more recently in Venezuela. They always move to shut down religious liberty.”
Christianity informs our ability to be self-governed. As Christians, basic biblical principles fuel our desire to be self-disciplined and committed to God first. Next, we then turn to serving others as an expression of our faith. For those of us praying and watching, we can take heart from Coach Kennedy’s example.
“Coach is a marine and he’s not ever going to quit,” laughs Lathan.
“You can’t defend your rights, if you don’t know what they are,” explains Lathan, “The Founder’s intended we the people to be the first line of defense for our own liberty.”
If securing religious liberty makes your heart beat faster, you’re going to love the resources offered at First Liberty’s website, including short videos perfect for classrooms.
Will you join me to pray for our nation?
Father in heaven, we live in the most free nation to ever exist in the history of humanity. Thank You, O Lord, for Your great mercy and grace extended to us in the way our Founding Father’s proclaimed liberty in our founding documents, citing Your Divine Providence. The only place to enjoy more freedom is in Your own kingdom. Let us we be people deserving of such freedom, O Lord.
Help us demonstrate on earth what Your will, Your love, Your kingdom looks like when we devote ourselves to You. Free our hearts to serve You, with courage and sacrifice. Strengthen those who defend and secure liberty. Give our leaders wisdom. Extend justice to all. May we live in such a way that people around the globe rise up to honor You. In Jesus’s name. Amen.
We love to hear from you!
When have you trusted God for justice? Which threats to religious liberty seem to threaten your family? In what ways is your church promoting self-government and justice?
Cathy Krafve, Columnist, Speaker, Blogger, Podcaster, and Christian Writer, invites your stories, ideas, and questions at CathyKrafve.com. Truth with a Texas Twang.
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