What War on Religion? Part 5

You can write about whatever you want, as long as there’s no religion in it:

Alliance Defense Fund attorneys filed a federal lawsuit Tuesday against the Pulaski County Special School District on behalf of a student and her mother, who were both prohibited from participating in Sherwood Elementary School’s literature distribution program because their fliers were “church-related.”

School officials are standing by the decision even after they received an ADF letter stating that the district’s policy is unconstitutional.

The ADF filed the lawsuit, A.W. v. Pulaski County Special School District, with the U.S. District Court for the Eastern District of Arkansas, Western Division.

“Christian students shouldn’t be discriminated against for their beliefs,” said ADF Senior Legal Counsel David Cortman. “When fliers for many community programs or events are permitted in the district’s policy except for activities that are ‘church-related,’ that’s a textbook violation of free speech protected by the First Amendment. As the U.S. Supreme Court has stated, ‘Students do not shed their constitutional rights at the schoolhouse gate.’”

Religion is not unconstitutional – but that is essentially how some view it. Any expression of any sort of religious belief in the public square is held by some to be prohibited by the Constitution.

Of course, the reality is that the Constitution merely prohibits government from enforcing a creed as well as prohibiting government from banning a creed. If you aren’t coerced by government to worship and the government doesn’t coerce you in to not worshiping, then the entirety of the US Constitution on this matter is observed. There is nothing else for government to do or prevent.

And so, if its pass-out-fliers time at school and people are allowed to pass out literature on whatever strikes their fancy, then there is nothing wrong with passing out religious literature.

Fundamentally, as our people in 1787 were for the most part deeply religious, there can be nothing in our government which acts against the public expression of religious belief. They simply would not have banned themselves from doing things they (a) did all the time and (b) considered to be a good thing for society, as a whole. If you want to ban such things a prayer in school – even organized prayer – then your true recourse is to Constitutional amendment.

Of course, the people fighting religion don’t do that – because they know they’d lose, and lose rather badly. So, they use courts and bureaucrats to do an end-run around both Constitution and people. A large part of our fight is this battle to restore religious liberty in the United States – and it will also be the hardest and most difficult part.