Sometimes the damage from a bad court decision takes a while to make itself clear. Not so with last week’s U.S. Supreme Court ruling upholding a town’s practice of beginning council meetings with prayers that are overwhelmingly Christian. Conservative political and legal groups called it a win for religious freedom, but it only took a few days to see just how much unnecessary and divisive conflict the Court’s decision could generate in communities across America.
Late last week the mayor of the New Jersey town of Carteret cited the Supreme Court ruling to justify cancelling the use of the borough hall for a Saturday naturalization ceremony. He was upset that the Immigration and Naturalization Service refused to allow the ceremony to begin with prayer. The INS says its rules are meant to ensure that naturalization ceremonies are “conducted in a meaningful manner which is welcoming and inclusive and excludes political, commercial and religious statements.” But Mayor Daniel Reiman said the INS could “host its godless ceremony someplace else.” (It was held in Newark.)
What a sad object lesson for those aspiring American citizens and their friends and families. Who knows how many different faiths were represented among them? It shouldn’t matter, because one of the most precious benefits of being an American is that your rights and standing as a citizen do not depend on your holding any particular set of religious beliefs.
But don’t tell that to Al Bedrosian, a member of the Roanoke County Board of Supervisors in Virginia. Last week after the Supreme Court ruling, Bedrosian declared that prayers to open board meetings should be given only by Christians. It is shameful that Bedrosian holds public office in Virginia, home of James Madison and Thomas Jefferson and the birthplace of the First Amendment. Bedrosian argued publicly several years ago that Christians should “rid ourselves of this notion of freedom of religion in America.” He said Christians “are being fed lies that a Christian nation needs to be open to other religions” and called it one of the “greatest moments in US Senate history” when a group of Christians disrupted a Hindu religious leader who was giving an opening prayer.
Both Reiman and Bedrosian are misinterpreting the Court’s decision. But these episodes bring even greater clarity to a reality to which the conservative majority on the Supreme Court demonstrated “blindness” – in the words of dissenting Justice Elena Kagan. That is the exclusionary and divisive reality – as opposed to the theory – of government bodies opening their meetings with sectarian prayer.
The case decided by the Supreme Court came concerned the upstate New York town of Greece. For years, the town council has been inviting local clergy to open its meetings. Those clergy have been overwhelmingly Christian, and their prayers were sometimes highly sectarian, invoking “the saving sacrifice of Jesus Christ on the cross” or “the plan of redemption that is fulfilled in Jesus Christ.” These were not, as dissenting Justice Elena Kagan noted, ceremonial invocations like the “God save the United States and this honorable Court,” which begins Supreme Court sessions.
The town’s prayer policy was challenged by two citizens (one Jew and one atheist) who felt coerced by the invitations to Christian prayer, and who felt as if they were being made outsiders in their own town based on their religious beliefs. They argued that the practice violated the Establishment Clause of the First Amendment, which has been interpreted as preventing the government from favoring religion in general or any religion in particular.
Some people, particularly those in the religious majority, have a hard time seeing why such prayer is a big deal. As Paul Waldman writes for the Washington Post, “the ruling is about the privilege of the majority, the privilege to define your own beliefs, traditions, and practices as simply the water in which we all swim. If you’re in that majority, you tend to be shocked when anyone even questions whether those practices ought to be imposed on everyone and sponsored by the state.”
But imagine, as Kagan did, a Muslim who has come before the city council seeking a zoning variance to build an addition on her home. When she is asked to join in prayer celebrating the divinity of Jesus, she has the option of not participating, or leaving the room. Either option identifies her as somehow different from her neighbors and from the councilmembers who will decide the fate of her request. A federal appeals court had ruled that the town’s practice was unconstitutional because, even if town officials had no bad intent, the consequence of the nearly uninterrupted parade of Christian prayers was to signal that Christianity was favored, and to make unequal citizens of people of other faiths or no faith.
Unfortunately, five Supreme Court justices disagreed, saying even an overwhelmingly Christian and sectarian prayer practice is OK unless there is a pattern of prayers denigrating other faiths or proselytizing or unless there is evidence that people are being legally coerced or punished for not participating. The Court has given a green light to “Christian Nation” advocates like Al Bedrosian to demand that their city council or county commission allow their official meetings to be regularly opened with explicitly Christian prayers. Some Religious Right leaders have said that’s exactly what they’re going to do.
Right now, practices vary. Some government bodies don’t bother with prayer; others invite clergy to open meetings, with guidelines that prayers be respectful or nonsectarian. But even that nod toward pluralism is at risk: Jordan Sekulow of the American Center for Law and Justice said this ruling means government bodies can no longer make a distinction between nonsectarian prayer and “praying in Jesus’ name” and he told the Christian Broadcasting Network, “that will have an impact on a number of cases.”
It’s worth noting that some progressive Christians agree that “nonsectarian prayer” is a kind of oxymoron. But, says Washington Monthly blogger Ed Kilgore, that is not a reason to push for sectarian prayer; it is instead a reason to do away with legislative prayer altogether. He writes that the effort to push more prayer in official settings is “offensive to those who pray as much as to those who don’t.” The pro-church-state-separation Baptist Joint Committee had filed a brief in the case stating that “prayer is an expression of voluntary religious devotion, not the business of government.”
That brings us to a crucial distinction between what is constitutional and what is wise, particularly in a country that is increasingly diverse, with a growing number of people who claim no religious affiliation. As noted in People For the American Way Foundation’s Twelve Rules for Mixing Religion and Politics, “Some things that are legally permissible may still be damaging to religious tolerance and civic discourse, and should be discouraged.”
The Supreme Court did not rule that legislative bodies have to begin their meetings with prayer; it ruled that the Constitution allows them to. In spite of Justice Anthony Kennedy’s portrayal of legislative prayer as a unifying force, it seems likely that an aggressive push for more sectarian prayer to open official meetings will be anything but unifying. Elected officials should think twice before going down that road.
Russell Moore, president of the Ethics & Religious Liberty Commission of the Southern Baptist Convention, said he prays that the Court is showing a way toward “a right kind of free marketplace of faith expression in American life.” But Moore is wrong: we already have a free marketplace of faith expression in America. The First Amendment has fostered a vibrant, flourishing, peaceful religious pluralism that is unmatched anywhere in the world. Christian media has a massive presence on television, radio, and online. But what too many “Christian Nation” advocates want, and what the Court is opening the door to, is a system in which a religious majority can more easily use the institutions of government to promote its religious beliefs and label others as outsiders.
And that is not the American Way.