Freedom From Religion?

[rug]

October 13, 2012 By roberthunt Leave a Comment


As a nation we need to recognize the vast difference between religiously plural, and religiously empty, public spaces. The first is possible, the second an illusion.

On October 5th the New York Times covered a story from East Texas. It is about cheerleaders whose banners bear Biblical messages and their conflict with a school administration that fears displaying such banners is unconstitutional. http://www.nytimes.com/2012/10/05/us/in-texas-cheerleaders-signs-of-faith-at-issue.html.

Four themes jump out of the story, and demonstrate (whatever the ultimate ruling in law) how strange American discourse on religious freedom has become. Supporting the school administrators is the newly formed Concerned East Texans for Separation of Church and State. Goading the administrators into taking such action is the Freedom From Religion Foundation, made up of “atheists and agnostics.” The Texas State Attorney General has offered to support the cheerleaders, and they have thousands of Facebook friends. Apparently the legal question turns on whether the banners are a form of coercive “prayer” somehow sponsored by the school district. And the reporter in the story was concerned to ask whether the cheerleaders were worried that their banners might offend a non-Christian.

Let’s take the separation of church and state first. Like many school organizations the cheerleaders depend on the school for a purpose and a place to do their thing, but they don’t receive either support or direction from its teachers and officials. So the question is whether they represent the establishment of religion or just another group exercising its right to free speech.

http://www.patheos.com/blogs/roberthunt/2012/10/freedom-from-religion/

[COLGATE4]

1. The whole premise of the article is misleading.

This is not a question of public vs. private spaces. It is a question of whether a school, an official agency of the government can be seen to be endorsing one religion to the detriment of all others. So let's analyze what's happening here:

1 - Who's doing it?

The biblical verses are being made, carried and displayed by the High School Cheerleaders. Cheerleading is an official school activity. The school endorses it and regulates it. It is, for the given moment, the school's message.

2- What is the purpose?

The banners are not just to 'cheer on the team'. They are intended to give support to the team based on some (Christian) biblical passages. The purpose is to relate the team and its successes to Christian biblical admonitions.

3- Is it coercive?

A High School football game is held on school property. The players and audience are essentially captive during the time of the game. While a student could theoretically stand up and leave the stands while the team is entering the field and the banners are being displayed, peer pressure and/or group coercion will almost surely require that the student just stay put.

In short, the biblical messages are being given at a government institution by a government instution sponsored and approved organization to a fairly captive audience. It is the school's official message. It is in essence no different from the situation of giving Christian prayers over the loudspeakers at a H.S. football game the Supreme Court has already found to be unconstitutional. Because of this it clearly violates the First Amendment.

[cleanhippie]

2. ^^^THIS^^^

[rug]

5. What is your opinions of fans in the bleachers holding up these banners?

[Humanist_Activist]

10. Tacky but legal, fans aren't acting as representatives of the school, but as private individuals.

[COLGATE4]

11. I don't see any constitutional

violation then. The fans are private individuals. They do not represent the school and their activities are not confused with the school's policies. They're free to hold up anything they like.

[cleanhippie]

15. Any opinion on that is irrelevant.

This is about representatives of the school advocating for a religion at a school function.

[rug]

16. This is the question I was responding to.

"This is not a question of public vs. private spaces."

The bleachers are public spaces, are city parks and other public places. Unless you resolve this question you cannot resolve Nativity displays.

[cleanhippie]

17. I don't think its the place that is in question, it's the participants.

[cbayer]

3. Interesting perspective. I agree with his conclusion that

rather than try and rid all public spaces of religion, we should focus instead on making sure public spaces are pluralistic and able to include everyone.

That's difficult to achieve in a culture dominated primarily by one religion, but worth striving for, imo.

[COLGATE4]

4. You are correct. That has been the position

of the USSCt for a long time now - you usually see it come up in the context of Xmas displays on public property. The law requires that, if you put up symbols of one religion on public property you also have to put up symbols of other religions. Thus many 'Holiday' displays on public land have a Creche, a Menorah, etc. (BTW, Santa, Elves, Reindeer etc. don't count as a religious symbol for the effect of analyzing if there is an unconstitutional activity of not.)

[cbayer]

7. And I would support any kind of display that promotes the beliefs or lack of beliefs of

any group, as long as they weren't using the space to attack others.

Seems to work in many places.

[dimbear]

6. I'm torn. The banners remind us that God, while indifferent to human suffering and the corruption

of those who claim to serve Her, is passionately interested in moving balls up and down fields.

[rug]

8. Don't forget the movement of the celestial spheres.

[COLGATE4]

12. But particularly if moving balls up and

down the field occurs in Texas.

[muriel_volestrangler]

9. "they don’t receive either support or direction from its teachers and officials" Is that true?

Are they really just a bunch of girls that happen to be allowed to stand on the field in the way of the undoubtedly official football team with a banner? What if any old bunch of students decided to stand on the field like that - would the football team have to run through their banner too, and the officials/teachers would say "nothing to do with us, you've got to run through it just like you run through the one from that collection of girls who seem to spend a lot of time on the sidelines, just like any student is allowed to do".

I was under the impression that American schools organised cheerleading, treating it as a school activity.

[rug]

14. I think you're right. The cheerleaders are all under a coach, a school employee.

[Warren Stupidity]

13. One can stop reading at "Goading the administrators". Nt.