Re: Missouri declares Christianity its official religion.

2006-03-04 Thread Steven Jamar
Eugene pointed out that I was being a bit loose with my characterization of Reagan's proclamation -- the actual proclamation was for the Year of the Bible with statements about the Bible being a foundation of our Constitution and such.  It is, naturally, carefully worded with the most potentially objectionable statements being taken as quotes from others.I was trying to find (in my papers from a case I handled in the 80s no less) the speech in which Reagan explicitly called the US a "Christian nation," but, with the  passage of time, was not able to find it -- I didn't keep much from that file when I left practice for teaching.Here are a couple of webpages with the official proclamation and speeches from Reagan.http://www.moseshand.com/studies/reagan.htmhttp://www.hqda.army.mil/chaplain/Top%20Stories/PresidentReaganandTheBible.htmhttp://www.reagan.utexas.edu/archives/speeches/1983/20383b.htmSorry for the loose language on my part, but I think the sense is what I said it was -- but deniability reigns.SteveProf. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                  mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"Politics hates a vacuum.  If it isn't filled with hope, someone will fill it with fear."Naomi Klein ___
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Re: Missouri declares Christianity its official religion.

2006-03-04 Thread Ed Darrell
Paul,I read things differently. Creches are quite legal when displayed by a private party, in a public forum, with proper permits. No Santa is required. There is a creche that is displayed annually a block or so from the Liberty Bell in Philadelphia, for example -- on federal property, as I recall, though it may be a state park.The question should be, why are some people asking government to do what they or their churches may do? This question becomes especially poignant when one realizes that it's legal for the churches to do it, but illegal for the government. Why not favor action over argument?Ed Darrell  DallasPaul Finkelman [EMAIL PROTECTED] wrote:  Creches on public property are only legal if surrounded by Santa,!
  a few
 clowns, candy canes and enough other junk to destroy the religious meaing; the 10 commandments on texas lawn was legal only becauase it is "not sacred." The Court essentially tells those who insist on putting up their religious displays with my teax dollars only if they do so in way that destroys the religoius meaning. WHat I do not udnerstand is why religous people don't take the hint and stop volunteering to desecrate their own symbols so they can display them.Ed Darrell wrote:Isn't this a rather milquetoast resolution? Could we not make a case that voluntary prayer and creches on public property are already legal -- in fact, hasn't the ACLU been defending exactly those things in the past five years?One might wonder if these same legislators are among those who would refuse to sign a petition calling for the Bill of Righ!
 ts -- or
 worse, if they'd go to the mat to slam Congress, the President, and activist judges, for not allowing such things as the Bill of Rights. I'd flunk these guys on their history; shouldn't someone tell them that what they ask is already the law?Ed Darrell  DallasSteven Jamar [EMAIL PROTECTED] wrote:  is this much different from Reagan's [in]famous proclamation that ! we are Christian country? The resolution seems not to be any sort of law with impact -- just some hortatory language about how school-sponsored prayer and public-sponsored creches should be allowed.   From: Winston Calvert [EMAIL PROTECTED]  Reply-To: [EMAIL PROTECTED],Law  Religion issues for Law Academics religionlaw@lists.ucla.edu  To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu  Subject: RE: Missouri declares Christianity its official religion. Date: Fri, 3 Mar 2006 11:39:35 -0800 (PST)Here is the !
 text of
 the resolution:SECOND REGULAR SESSION  House Concurrent Resolution No. 13  93RD GENERAL ASSEMBLY  4572L.02I  http://www.house.state.mo.us/bills061/bills/hcr13.htmWhereas, our forefathers of this great nation of the  United States recognized a Christian God and used the  principles afforded to us by Him as the founding  principles of our nation; andWhereas, as citizens of this great nation, we the  majorit!
 y also
 wish to exercise our constitutional  right to acknowledge our Creator and give thanks for  the many gifts provided by Him; andWhereas, as elected officials we should protect the  majority's right to express their religious beliefs  while showing respect for those who object; andWhereas, we wish to continue the wisdom imparted in  the Constitution of the United States of America by  the founding fathers; andWhereas, we as elected officials recognize that a  Greater Power exists above and beyond the institutions  of mankind:Now, therefore, be it resolved by the members of the  House of Representatives of the Ninety-third General  Assembly, Second Regular Session, the Senate  concurring therein, that we stand with the majority of  our constituents and exercise the common sense that  voluntary prayer in public schools and religious  displays on public property ! are not a coalition of  church and state, but rather the justified recognition  of the positive role that Christianity has played in  this great nation of ours, the United States of  America.  --  Prof. Steven D. Jamar   vox: 202-806-8017  Howard University School of Law   nbs! p;   fax: 202-806-8428  2900 Van Ness Street NW  mailto:[EMAIL PROTECTED]  Washington, DC 20008  http://www.law.howard.edu/faculty/pages/jamar"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used."Justice Oliver Wendell Holmes in Towne v. Eisner, 245 U.S. 418, 425 (1918)  __! _To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; peo

Re: Missouri declares Christianity its official religion.

2006-03-04 Thread RJLipkin





In a message dated 3/3/2006 9:16:46 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
Well, I 
  don't see christianity becoming a minority religion in the US any time in my 
  lifetime or my grandchildren's.
My point was both a 
descriptive (predictive) point and an analytic one. Steve might be right 
about the descriptive point, but the analytic point remains. Are those people 
who want toenshrine a particular religion as the Nation's religion 
prepared to accept another religion as the nation's religion if and when that 
other religion becomes the majority religion? And if not, how do they 
explain, without making some rather implausible assumptions, why we (members of 
currently minority religions) should accept their argument now?

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: Missouri declares Christianity its official religion.

2006-03-04 Thread Rick Duncan
I read the text of the Mo resolution, and what I read there between the linesis notso much thedesire to make Christianity the national religion, but rather frustration caused by judicialdecisions that appear to have cleansed religion from the public culture.For people who are not as sophisticated as constitutional law scholars, it is difficult to understand why a city can put up gay pride banners in public parks but not nativity scenes. Why public schools can celebrate Earth Day, but not Christmas. Why ChristianCharley has no Free Ex right merely to opt out of evolution in the curriculum, but Secular Sammy has a right--not only to opt out for himself--butto stophis willing classmatesfrom even hearing about challenges to evolution such as ID.Interestingly, the frustration may be about to end. With recent changes on the Court (and!
  perhaps
 more to come this summer), I suspect that the Court will no longer be obsessed with eradicating even harmless, passive displays of religion such as nativity scenes,Ten Commandment displays, etc.Perhaps the "purpose" prong of Lemon may soon be gone,making it easier forschool boards toadoptcurriculumsuch as ID critiques of evolution and making it more difficult for dissentersto throw out harmless religious displays such as those eradicatedin McCreary.Frankly, I don't think folks want Christianity to be the official religion of America. I think they merely wish it to have a seat at the table, to allow Christmas as much a place in the public culture as Earth Day and National Coming Out Day.I think what is needed is a little less judicial government under the EC, and a little more democratic self-government at the state and local level. 
   Cheers, Rick  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
		Yahoo! Mail
Bring photos to life! New PhotoMail  makes sharing a breeze. 
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Re: Missouri declares Christianity its official religion.

2006-03-04 Thread Ed Darrell
Alas, lack of understanding won't increase if such changes occur. Would it not be better to achieve a workable level of understanding rather than vitiate the laws that protect the freedoms we have?Is there no one who will step up to the podium and tell what the rights really are? And, by the way -- do you know of any city that has put up a gay pride banner? How many times has this happened?Ed Darrell  DallasRick Duncan [EMAIL PROTECTED] wrote:I read the text of the Mo resolution, and what I read there between the linesis notso much thedesire to make Christianity the national religion, but rather frustration caused by judicialdecisions that appear to have cleansed religion !
 from the
 public culture.For people who are not as sophisticated as constitutional law scholars, it is difficult to understand why a city can put up gay pride banners in public parks but not nativity scenes. Why public schools can celebrate Earth Day, but not Christmas. Why ChristianCharley has no Free Ex right merely to opt out of evolution in the curriculum, but Secular Sammy has a right--not only to opt out for himself--butto stophis willing classmatesfrom even hearing about challenges to evolution such as ID.Interestingly, the frustration may be about to end. With recent changes on the Court (and! perhaps more to come this summer), I suspect that the Court will no longer be obsessed with eradicating even harmless, passive displays of religion such as nativity scenes,Ten Commandment displays, etc.Perhaps the "purpose" prong of Lemon may soon !
 be
 gone,making it easier forschool boards toadoptcurriculumsuch as ID critiques of evolution and making it more difficult for dissentersto throw out harmless religious displays such as those eradicatedin McCreary.Frankly, I don't think folks want Christianity to be the official religion of America. I think they merely wish it to have a seat at the table, to allow Christmas as much a place in the public culture as Earth Day and National Coming Out Day.I think what is needed is a little less judicial government under the EC, and a little more democratic self-government at the state and local level. Cheers, RickRick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is !
 broken
 every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner  Yahoo! MailBring photos to life! New PhotoMail makes sharing a breeze. ___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.___
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Re: Missouri declares Christianity its official religion.

2006-03-04 Thread Vance R. Koven
Don't know about Dallas, but they certainly do in Boston, especially
around the time of the gay pride parade.

Vance

On 3/4/06, Ed Darrell [EMAIL PROTECTED] wrote:

 Alas, lack of understanding won't increase if such changes occur.  Would it
 not be better to achieve a workable level of understanding rather than
 vitiate the laws that protect the freedoms we have?

 Is there no one who will step up to the podium and tell what the rights
 really are?

 And, by the way -- do you know of any city that has put up a gay pride
 banner?  How many times has this happened?

 Ed Darrell
 Dallas


 Rick Duncan [EMAIL PROTECTED] wrote:


 I read the text of the Mo resolution, and what I read there between the
 lines is not so much the desire to make Christianity the national religion,
 but rather frustration caused by judicial decisions that appear to have
 cleansed religion ! from the public culture.

 For people who are not as sophisticated as constitutional law scholars, it
 is difficult to understand why a city can put up gay pride banners in public
 parks but not nativity scenes. Why public schools can celebrate Earth Day,
 but not Christmas.

 Why Christian Charley has no Free Ex right merely to opt out of evolution in
 the curriculum, but Secular Sammy has a right--not only to opt out for
 himself--but to stop his willing classmates from even hearing about
 challenges to evolution such as ID.

 Interestingly, the frustration may be about to end. With recent changes on
 the Court (and! perhaps more to come this summer), I suspect that the Court
 will no longer be obsessed with eradicating even harmless, passive displays
 of religion such as nativity scenes, Ten Commandment displays, etc. Perhaps
 the purpose prong of Lemon may soon ! be gone, making it easier for school
 boards to adopt curriculum such as ID critiques of evolution and making it
 more difficult for dissenters to throw out harmless religious displays such
 as those eradicated in McCreary.

 Frankly, I don't think folks want Christianity to be the official religion
 of America. I think they merely wish it to have a seat at the table, to
 allow Christmas as much a place in the public culture as Earth Day and
 National Coming Out Day.


 I think what is needed is a little less judicial government under the EC,
 and a little more democratic self-government at the state and local level.

 Cheers, Rick





 Rick Duncan
 Welpton Professor of Law
 University of Nebraska College of Law
 Lincoln, NE 68583-0902


 When the Round Table is ! broken every man must follow either Galahad or
 Mordred: middle things are gone. C.S.Lewis, Grand Miracle

 I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
 numbered. --The Prisoner
  
  Yahoo! Mail
 Bring photos to life! New PhotoMail makes sharing a breeze.
 ___

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 Please note that messages sent to this large list cannot be viewed as
 private. Anyone can subscribe to the list and read messages that are posted;
 people can read the Web archives; and list members can (rightly or wrongly)
 forward the messages to others.


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--
Vance R. Koven
Boston, MA USA
[EMAIL PROTECTED]
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Missouri declares Christianity its official religion.

2006-03-03 Thread Jean Dudley
Via Eschaton:  Missouri legislators in Jefferson City considered a bill 
that would name Christianity the state's official majority religion.  
House Concurrent Resolution 13 has is pending in the state legislature. 
 Many Missouri residents had not heard about the bill until Thursday.  
Karen Aroesty of the Anti-defamation league, along with other 
watch-groups, began a letter writing and email campaign to stop the 
resolution.  The resolution would recognize a Christian god, and it 
would not protect minority religions, but protect the majority's right 
to express their religious beliefs.  The resolution also recognizes 
that, a greater power exists, and only Christianity receives what the 
resolution calls, justified recognition.  State representative David 
Sater of Cassville in southwestern Missouri, sponsored the resolution, 
but he has refused to talk about it on camera or over the phone.  KMOV 
also contacted Gov. Matt Blunt's office to see where he stands on the 
resolution, but he has yet to respond.


Jean Dudley
http://jeansvoice.blogspot.com
Future Law Student

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RE: Missouri declares Christianity its official religion.

2006-03-03 Thread Volokh, Eugene
Is it that Missouri declares Christianity its official
religion, or just that some legislators have proposed such a resolution?
(Either are worth condemning, I think, but it's important to have a
sense of what exactly is happening.)

 -Original Message-
 From: [EMAIL PROTECTED] 
 [mailto:[EMAIL PROTECTED] On Behalf Of Jean Dudley
 Sent: Friday, March 03, 2006 10:58 AM
 To: Law  Religion issues for Law Academics
 Subject: Missouri declares Christianity its official religion. 
 
 
 Via Eschaton:  Missouri legislators in Jefferson City 
 considered a bill 
 that would name Christianity the state's official majority 
 religion.  
 House Concurrent Resolution 13 has is pending in the state 
 legislature. 
   Many Missouri residents had not heard about the bill until 
 Thursday.  
 Karen Aroesty of the Anti-defamation league, along with other 
 watch-groups, began a letter writing and email campaign to stop the 
 resolution.  The resolution would recognize a Christian god, and it 
 would not protect minority religions, but protect the 
 majority's right 
 to express their religious beliefs.  The resolution also recognizes 
 that, a greater power exists, and only Christianity 
 receives what the 
 resolution calls, justified recognition.  State 
 representative David 
 Sater of Cassville in southwestern Missouri, sponsored the 
 resolution, 
 but he has refused to talk about it on camera or over the 
 phone.  KMOV 
 also contacted Gov. Matt Blunt's office to see where he stands on the 
 resolution, but he has yet to respond.
 
 Jean Dudley
 http://jeansvoice.blogspot.com
 Future Law Student
 
 ___
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 see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
 
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 viewed as private.  Anyone can subscribe to the list and read 
 messages that are posted; people can read the Web archives; 
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RE: Missouri declares Christianity its official religion.

2006-03-03 Thread Winston Calvert
Here is the text of the resolution:

SECOND REGULAR SESSION
House Concurrent Resolution No. 13
93RD GENERAL ASSEMBLY
4572L.02I
http://www.house.state.mo.us/bills061/bills/hcr13.htm

Whereas, our forefathers of this great nation of the
United States recognized a Christian God and used the
principles afforded to us by Him as the founding
principles of our nation; and

Whereas, as citizens of this great nation, we the
majority also wish to exercise our constitutional
right to acknowledge our Creator and give thanks for
the many gifts provided by Him; and

Whereas, as elected officials we should protect the
majority's right to express their religious beliefs
while showing respect for those who object; and

Whereas, we wish to continue the wisdom imparted in
the Constitution of the United States of America by
the founding fathers; and

Whereas, we as elected officials recognize that a
Greater Power exists above and beyond the institutions
of mankind:

Now, therefore, be it resolved by the members of the
House of Representatives of the Ninety-third General
Assembly, Second Regular Session, the Senate
concurring therein, that we stand with the majority of
our constituents and exercise the common sense that
voluntary prayer in public schools and religious
displays on public property are not a coalition of
church and state, but rather the justified recognition
of the positive role that Christianity has played in
this great nation of ours, the United States of
America.


--- Volokh, Eugene [EMAIL PROTECTED] wrote:

   Is it that Missouri declares Christianity its
 official
 religion, or just that some legislators have
 proposed such a resolution?
 (Either are worth condemning, I think, but it's
 important to have a
 sense of what exactly is happening.)
 
  -Original Message-
  From: [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED] On
 Behalf Of Jean Dudley
  Sent: Friday, March 03, 2006 10:58 AM
  To: Law  Religion issues for Law Academics
  Subject: Missouri declares Christianity its
 official religion. 
  
  
  Via Eschaton:  Missouri legislators in Jefferson
 City 
  considered a bill 
  that would name Christianity the state's official
 majority 
  religion.  
  House Concurrent Resolution 13 has is pending in
 the state 
  legislature. 
Many Missouri residents had not heard about the
 bill until 
  Thursday.  
  Karen Aroesty of the Anti-defamation league, along
 with other 
  watch-groups, began a letter writing and email
 campaign to stop the 
  resolution.  The resolution would recognize a
 Christian god, and it 
  would not protect minority religions, but protect
 the 
  majority's right 
  to express their religious beliefs.  The
 resolution also recognizes 
  that, a greater power exists, and only
 Christianity 
  receives what the 
  resolution calls, justified recognition.  State 
  representative David 
  Sater of Cassville in southwestern Missouri,
 sponsored the 
  resolution, 
  but he has refused to talk about it on camera or
 over the 
  phone.  KMOV 
  also contacted Gov. Matt Blunt's office to see
 where he stands on the 
  resolution, but he has yet to respond.
  
  Jean Dudley
  http://jeansvoice.blogspot.com
  Future Law Student
  
  ___
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 Religionlaw@lists.ucla.edu
  To subscribe, unsubscribe, change options, or get
 password, 
  see

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 cannot be 
  viewed as private.  Anyone can subscribe to the
 list and read 
  messages that are posted; people can read the Web
 archives; 
  and list members can (rightly or wrongly) forward
 the 
  messages to others.
  
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 to the list and read messages that are posted;
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 can (rightly or wrongly) forward the messages to
 others.
 

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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Brad M Pardee

*soapbox mode on*I read stories like
this, and I say to myself that it's no wonder so many people think conservative
Christians are intolerant idiots. Doesn't this guy understand that
stupid things like this accomplish nothing other than leaving a mess for
others to clean up? *soapbox mode off* Sigh. Thanks for
passing this along. I've often said that the biggest proof of the
existence of God is the fact that Christianity still exists despite who
He has for ambassadors. Sheesh.

Brad

Jean Dudley wrote:

Via Eschaton: Missouri legislators in Jefferson
City considered a bill 
that would name Christianity the state's official majority
religion. 
House Concurrent Resolution 13 has is pending in the state legislature.

 Many Missouri residents had not heard about the bill until Thursday.

Karen Aroesty of the Anti-defamation league, along with other 
watch-groups, began a letter writing and email campaign to stop the 
resolution. The resolution would recognize a Christian god,
and it 
would not protect minority religions, but protect the majority's
right 
to express their religious beliefs. The resolution also recognizes

that, a greater power exists, and only Christianity receives
what the 
resolution calls, justified recognition. State representative
David 
Sater of Cassville in southwestern Missouri, sponsored the resolution,

but he has refused to talk about it on camera or over the phone. KMOV

also contacted Gov. Matt Blunt's office to see where he stands on the 
resolution, but he has yet to respond.___
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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Lawyer2974



Not that I agree with the resolution, but it does not say half of the 
things attributed to it in the summary circulated by Jean...we all need to be 
much more precise

Donald C. Clark, Jr.Counselor at LawBannockburn Lake 
Office Plaza I2333 Waukegan RoadSuite 160Bannockburn, Illinois 
60015(847) 236-0900 (telephone)(847) 236-0909 
(facsimiles)
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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Jean Dudley
Thank you, Winston.  Once again, the media tends to overdramatize 
issues with incendiary titles/headlines.  I'm not sure that Missouri is 
declaring Xianity a state or official religion, but the wording of this 
resolution surely smells of it.  Besides, it's plainly a way to have 
prayer in public schools and nativity scenes on public property.


It's just a resolution--can future law or jurisprudence be based on it? 
 Are we at the top of a legislative or judicial slippery slope?





On Mar 3, 2006, at 11:39 AM, Winston Calvert wrote:


Here is the text of the resolution:

SECOND REGULAR SESSION
House Concurrent Resolution No. 13
93RD GENERAL ASSEMBLY
4572L.02I
http://www.house.state.mo.us/bills061/bills/hcr13.htm

Whereas, our forefathers of this great nation of the
United States recognized a Christian God and used the
principles afforded to us by Him as the founding
principles of our nation; and

Whereas, as citizens of this great nation, we the
majority also wish to exercise our constitutional
right to acknowledge our Creator and give thanks for
the many gifts provided by Him; and

Whereas, as elected officials we should protect the
majority's right to express their religious beliefs
while showing respect for those who object; and

Whereas, we wish to continue the wisdom imparted in
the Constitution of the United States of America by
the founding fathers; and

Whereas, we as elected officials recognize that a
Greater Power exists above and beyond the institutions
of mankind:

Now, therefore, be it resolved by the members of the
House of Representatives of the Ninety-third General
Assembly, Second Regular Session, the Senate
concurring therein, that we stand with the majority of
our constituents and exercise the common sense that
voluntary prayer in public schools and religious
displays on public property are not a coalition of
church and state, but rather the justified recognition
of the positive role that Christianity has played in
this great nation of ours, the United States of
America.


--- Volokh, Eugene [EMAIL PROTECTED] wrote:


Is it that Missouri declares Christianity its
official
religion, or just that some legislators have
proposed such a resolution?
(Either are worth condemning, I think, but it's
important to have a
sense of what exactly is happening.)

Jean Dudley
http://jeansvoice.blogspot.com
Future Law Student

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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Jean Dudley
Agreed, Donald.  I was in the process of googling for the actual 
wording of the resolution when Winston got there first.

On Mar 3, 2006, at 11:53 AM, [EMAIL PROTECTED] wrote:



Not that I agree with the resolution, but it does not say half of the 
things attributed to it in the summary circulated by Jean...we all 
need to be much more precise

 
Donald C. Clark, Jr.
Counselor at Law
Bannockburn Lake Office Plaza I
2333 Waukegan Road
Suite 160
Bannockburn, Illinois 60015
(847) 236-0900 (telephone)
(847) 236-0909 
(facsimiles)___

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Jean Dudley
http://jeansvoice.blogspot.com
Future Law Student

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RE: Missouri declares Christianity its official religion.

2006-03-03 Thread Pybas, Kevin M
As a fairly new resident of the state of Missouri, I agree with Eugene
that the resolution deserves condemnation, but is it, if it passes,
unconstitutional?  I ask this as someone who ought to know, but perhaps
owing to the fact that it's Friday afternoon of a long week, I can't say
that it is.  I seem to recall having read somewhere that some state
constitutions have language of this type in their preambles.  I have to
be away from the computer the rest of the day, but will appreciate any
enlightenment the list can offer.

Kevin Pybas  

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Winston Calvert
Sent: Friday, March 03, 2006 1:40 PM
To: Law  Religion issues for Law Academics
Subject: RE: Missouri declares Christianity its official religion. 

Here is the text of the resolution:

SECOND REGULAR SESSION
House Concurrent Resolution No. 13
93RD GENERAL ASSEMBLY
4572L.02I
http://www.house.state.mo.us/bills061/bills/hcr13.htm

Whereas, our forefathers of this great nation of the
United States recognized a Christian God and used the
principles afforded to us by Him as the founding
principles of our nation; and

Whereas, as citizens of this great nation, we the
majority also wish to exercise our constitutional
right to acknowledge our Creator and give thanks for
the many gifts provided by Him; and

Whereas, as elected officials we should protect the
majority's right to express their religious beliefs
while showing respect for those who object; and

Whereas, we wish to continue the wisdom imparted in
the Constitution of the United States of America by
the founding fathers; and

Whereas, we as elected officials recognize that a
Greater Power exists above and beyond the institutions
of mankind:

Now, therefore, be it resolved by the members of the
House of Representatives of the Ninety-third General
Assembly, Second Regular Session, the Senate
concurring therein, that we stand with the majority of
our constituents and exercise the common sense that
voluntary prayer in public schools and religious
displays on public property are not a coalition of
church and state, but rather the justified recognition
of the positive role that Christianity has played in
this great nation of ours, the United States of
America.


--- Volokh, Eugene [EMAIL PROTECTED] wrote:

   Is it that Missouri declares Christianity its
 official
 religion, or just that some legislators have
 proposed such a resolution?
 (Either are worth condemning, I think, but it's
 important to have a
 sense of what exactly is happening.)
 
  -Original Message-
  From: [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED] On
 Behalf Of Jean Dudley
  Sent: Friday, March 03, 2006 10:58 AM
  To: Law  Religion issues for Law Academics
  Subject: Missouri declares Christianity its
 official religion. 
  
  
  Via Eschaton:  Missouri legislators in Jefferson
 City 
  considered a bill 
  that would name Christianity the state's official
 majority 
  religion.  
  House Concurrent Resolution 13 has is pending in
 the state 
  legislature. 
Many Missouri residents had not heard about the
 bill until 
  Thursday.  
  Karen Aroesty of the Anti-defamation league, along
 with other 
  watch-groups, began a letter writing and email
 campaign to stop the 
  resolution.  The resolution would recognize a
 Christian god, and it 
  would not protect minority religions, but protect
 the 
  majority's right 
  to express their religious beliefs.  The
 resolution also recognizes 
  that, a greater power exists, and only
 Christianity 
  receives what the 
  resolution calls, justified recognition.  State 
  representative David 
  Sater of Cassville in southwestern Missouri,
 sponsored the 
  resolution, 
  but he has refused to talk about it on camera or
 over the 
  phone.  KMOV 
  also contacted Gov. Matt Blunt's office to see
 where he stands on the 
  resolution, but he has yet to respond.
  
  Jean Dudley
  http://jeansvoice.blogspot.com
  Future Law Student
  
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 Religionlaw@lists.ucla.edu
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 password, 
  see

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Missouri declares Christianity its official religion.

2006-03-03 Thread Perry Dane

A not-very-analytic observation on a Friday afternoon:

	I happened to read these posts on the Missouri resolution at about 
the same time as I was taking a look at a remarkable document called 
the Flushing Remonstrance, written in 1657, in which the leaders 
and citizens of Town of Flushing told Governor Stuyvesant of the 
then-Dutch colony of New Amsterdam (later, of course, New York) that 
they would not cooperate with his oppressive measures against the 
Quakers.  The document is often called the first formal statement of 
religious liberty in the American colonies, and some treat it as one 
of the direct precursors to the First Amendment.  Unsurprisingly, its 
argument for religious liberty is, in large measure, a religious argument.


	It strikes me, for what it's worth, that the Missouri resolution not 
only contradicts the Constitution (whether it violates it is a more 
complicated question having to do with the status of such legislative 
expressions of opinion), it also, in the saddest possible way, 
violates the law of love, peace, and liberty referred to in the 
Flushing Remonstrance.  Moreover, with all its talk of majority 
rights, the Missouri resolution is really more a statement of 
identity politics by an angry faction than a genuine defense of 
either religious values in general or even Christianity in particular.


	I am also reminded here of Bob Cover's discussion of 
commitment.  The authors of the Flushing Remonstrance knew that 
Stuyvesant would end up arresting them, which he did.  I am not 
proposing, of course, that anyone actually test the mettle of the 
Missouri legislators by arresting them, but I wonder how many of them 
would have the courage of their convictions if that were the likely 
outcome of their little legal-literary exercise.


Perry

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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Nathan Oman
I wonder how many of them would have the courage of their convictions if that 
were the likely outcome of their little legal-literary exercise.

I suspect that large numbers of them -- or of their fellow travelers -- would 
be willing to suffer legal sanctions for their opinions.  I think that they are 
wrong, but I see no particular reason to suppose that they are insincere.  It 
is always nice to imagine that those we disagree with are also cowards or 
hypocrits, but reality has a nasty way of refusing to script itself as 
precisely the sort of morality play that we might prefer.

NBO

--
**
Nathan Oman

It is a misleading cult that teaches that the remedy of our ills is to have 
the law give over, once and for all, the strivings of the centuries for a 
rational coherence, and sink back in utter weariness to a justice that is the 
flickering reflection of the impulse of the moment.  
  -- Benjamin Cardozo
--
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RE: Missouri declares Christianity its official religion.

2006-03-03 Thread Paul Horwitz
I agree with other commenters that we need not assume the bad faith of this 
resolution's proponents.  What I find striking about it, though, is both the 
odd marriage of different ideas contained in its propositions and the 
strange letdown -- and, I think, mismatch -- between its propositions and 
its ultimate payoff.


With respect to the propositions, it seems to me to teeter between arguing 
that this is in fact a Christian nation and that the Christian faith is the 
true faith (the principles afforded to us by Him, Him being a 
specifically Christian God), and that Christianity is relevant for its place 
in our historical firmament (our forefathers...recognized).  In short, 
thinking in terms of cases like the recent Ten Commandments duo or the Roy 
Moore case, it seems to vacillate between a genuine establishment-like 
statement and a Ten Commandments are part of our legal history statement, 
not quite forthrightly saying both are correct and not quite distinguishing 
between the two.  It is also unclear whether the resolution wants to say 
that Christianity is both our American religion and the true faith, or 
whether it wants only to say that our legacy of religious freedom, derived 
from an identifiably Christian heritage, is one that allows persons of all 
faiths to express their religious beliefs.


This seeming identity crisis is perhaps most apparent in its somewhat 
lackluster conclusion, which draws no larger conclusion from its preambles 
than that voluntary school prayer (it does not specify whether it means 
teacher-led, student-led, or something else) and public religious displays 
should be permissible -- a statement that, whether right or wrong, can 
easily be advanced without the need of much that precedes it.  It is also 
apparent in the fact that this conclusion is said to follow from the 
recognition of the positive role that Christianity has played in this great 
nation of ours, while, at the same time, the resolution speaks in more 
general terms about the constitutional right to acknowledge our Creator -- 
leaving somewhat unclear whether that means a right to acknowledge any 
creator, or only the bill's sponsor's specifically Christian conception of a 
creator -- and about the majority's right to express their religious 
beliefs.  Should one draw the conclusion that if a non-Christian majority 
were to take, by democratic process, the levers of power in Missouri, that 
it would and should be equally free to mount solely non-Christian public 
displays and voluntary school prayers, shutting out Christian public 
displays while showing respect for those who object?  Or is the resolution 
premised on the idea that since Christianity is both true and central to the 
American tradition, similar displays, if exclusively non-Christian, would be 
inappropriate if not impermissible?  Or is it premised on something of a 
wink-and-nod assumption that the resolution's conclusions are true provided 
we're pretty sure who is part of the majority?  In any event, as I've 
suggested, at least as long as the resolution's conclusion is not intended 
to endorse -only- Christian prayer or displays, how much value does the 
preamble lend to the conclusion?


None of this is intended disrespectfully.  I'm happy to assume the good 
faith of its proponents, and it seems to me there are perfectly respectable 
arguments for the importance of Christianity either to the American founding 
or to the American tradition.  There are also perfectly respectable 
arguments in favor of voluntary school prayer and/or public religious 
displays, although one set of arguments need not follow from the other.  But 
it seems to me that this resolution is unsure what it wants to say, or 
unwilling to say it clearly.  This strikes me as a remarkably irresolute 
resolution!


Paul Horwitz
Southwestern University School of Law
Los Angeles, CA

P.S.: Is it OK to plug someone else on the listserv, rather than oneself?  
Winston Calvert, who generously posted the text of the resolution, did not 
mention that he is the author of a very fine Note on judicial selection and 
the Religious Test Clause, published in the Wash. U. L.Q. in 2004 and 
available at:


http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363696




From: Winston Calvert [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED],Law  Religion issues for Law Academics 
religionlaw@lists.ucla.edu

To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu
Subject: RE: Missouri declares Christianity its official religion. Date: 
Fri, 3 Mar 2006 11:39:35 -0800 (PST)


Here is the text of the resolution:

SECOND REGULAR SESSION
House Concurrent Resolution No. 13
93RD GENERAL ASSEMBLY
4572L.02I
http://www.house.state.mo.us/bills061/bills/hcr13.htm

Whereas, our forefathers of this great nation of the
United States recognized a Christian God and used the
principles afforded to us by Him as the founding
principles of our nation; and

Whereas, as citizens

Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Steven Jamar
is this much different from Reagan's [in]famous proclamation that we are Christian country?  The resolution seems not to be any sort of law with impact -- just some hortatory language about how school-sponsored prayer and public-sponsored creches should be allowed. From: Winston Calvert [EMAIL PROTECTED]Reply-To: [EMAIL PROTECTED],        Law  Religion issues for Law Academics religionlaw@lists.ucla.eduTo: Law  Religion issues for Law Academics religionlaw@lists.ucla.eduSubject: RE: Missouri declares Christianity its official religion. Date: Fri, 3 Mar 2006 11:39:35 -0800 (PST)Here is the text of the resolution:SECOND REGULAR SESSIONHouse Concurrent Resolution No. 1393RD GENERAL ASSEMBLY4572L.02Ihttp://www.house.state.mo.us/bills061/bills/hcr13.htmWhereas, our forefathers of this great nation of theUnited States recognized a Christian God and used theprinciples afforded to us by Him as the foundingprinciples of our nation; andWhereas, as citizens of this great nation, we themajority also wish to exercise our constitutionalright to acknowledge our Creator and give thanks forthe many gifts provided by Him; andWhereas, as elected officials we should protect themajority's right to express their religious beliefswhile showing respect for those who object; andWhereas, we wish to continue the wisdom imparted inthe Constitution of the United States of America bythe founding fathers; andWhereas, we as elected officials recognize that aGreater Power exists above and beyond the institutionsof mankind:Now, therefore, be it resolved by the members of theHouse of Representatives of the Ninety-third GeneralAssembly, Second Regular Session, the Senateconcurring therein, that we stand with the majority ofour constituents and exercise the common sense thatvoluntary prayer in public schools and religiousdisplays on public property are not a coalition ofchurch and state, but rather the justified recognitionof the positive role that Christianity has played inthis great nation of ours, the United States ofAmerica. -- Prof. Steven D. Jamar                                     vox:  202-806-8017Howard University School of Law                           fax:  202-806-84282900 Van Ness Street NW                            mailto:[EMAIL PROTECTED]Washington, DC  20008           http://www.law.howard.edu/faculty/pages/jamar"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." Justice Oliver Wendell Holmes in Towne v. Eisner, 245 U.S. 418, 425 (1918) ___
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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Ed Darrell
Isn't this a rather milquetoast resolution? Could we not make a case that voluntary prayer and creches on public property are already legal -- in fact, hasn't the ACLU been defending exactly those things in the past five years?One might wonder if these same legislators are among those who would refuse to sign a petition calling for the Bill of Rights -- or worse, if they'd go to the mat to slam Congress, the President, and activist judges, for not allowing such things as the Bill of Rights. I'd flunk these guys on their history; shouldn't someone tell them that what they ask is already the law?Ed Darrell  DallasSteven Jamar [EMAIL PROTECTED] wrote:  is this much different from Reagan's [in]famous proclamation that !
 we are
 Christian country? The resolution seems not to be any sort of law with impact -- just some hortatory language about how school-sponsored prayer and public-sponsored creches should be allowed.  From: Winston Calvert [EMAIL PROTECTED]  Reply-To: [EMAIL PROTECTED],Law  Religion issues for Law Academics religionlaw@lists.ucla.edu  To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu  Subject: RE: Missouri declares Christianity its official religion. Date: Fri, 3 Mar 2006 11:39:35 -0800 (PST)Here is the text of the resolution:SECOND REGULAR SESSION  House Concurrent Resolution No. 13  93RD GENERAL ASSEMBLY  4572L.02I  http://www.house.state.mo.us/bills061/bills/hcr13.htmWhereas, our forefathers of this great nation of the  United States recognized a Christian God and used
 the  principles afforded to us by Him as the founding  principles of our nation; andWhereas, as citizens of this great nation, we the  majority also wish to exercise our constitutional  right to acknowledge our Creator and give thanks for  the many gifts provided by Him; andWhereas, as elected officials we should protect the  majority's right to express their religious beliefs  while showing respect for those who object; andWhereas, we wish to continue the wisdom imparted in  the
 Constitution of the United States of America by  the founding fathers; andWhereas, we as elected officials recognize that a  Greater Power exists above and beyond the institutions  of mankind:Now, therefore, be it resolved by the members of the  House of Representatives of the Ninety-third General  Assembly, Second Regular Session, the Senate  concurring therein, that we stand with the majority of  our constituents and exercise the common sense that  voluntary prayer in public schools and religious  displays on public property !
 are not a
 coalition of  church and state, but rather the justified recognition  of the positive role that Christianity has played in  this great nation of ours, the United States of  America.  --  Prof. Steven D. Jamar   vox: 202-806-8017  Howard University School of Law   !
 p; 
  fax: 202-806-8428  2900 Van Ness Street NW  mailto:[EMAIL PROTECTED]  Washington, DC 20008  http://www.law.howard.edu/faculty/pages/jamar"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used."Justice Oliver Wendell Holmes in Towne v. Eisner, 245 U.S. 418, 425 (1918)  __!
 _To
 post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.___
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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread RJLipkin



I have a fairly 
straightforward question or set of questions: What does it mean to say that the 
United States is a Christian country or that Christianity is, in the United 
States, the "official" religion? Is this a descriptive claim? More 
Christians than members of other religions? A historical claim? 
Christianityhas played an important role in American history? Does it mean 
we're dedicated to Christian values only? Or perhaps it means that only moral 
values acceptable in the United States are ones that are derived from 
Christianity? (Which version of Christianity?) Moreover, whatever it means, does 
it entail that other religions are unwelcome in the United States, or though 
welcome are merely tolerated and should refrain from advancing their values in 
the public square? 

I would suggest that state 
legislatures or Congress can say what they want? Descriptively, this is not a 
Christian country, or if it is, it will in the near future no longer be 
one. In the future, itmight be a Muslim, Hindu, etc. country, and I 
think anyone committed to the values of religious liberty and tolerance will 
rejectthe idea that American constitutional values countenance the idea 
that this is an X country, where "X" stands for a particular sectarian 
religion.

It's not at all clear to me 
why committed Christians or committed religionists cannot embrace their 
religions without seeking the imprimatur of official endorsement. But if 
they cannot, it's important to remember that soon their religion might be 
descriptively a minority religion, and the entire framework of constitutional 
religious liberty might be reinterpreted into the values of a future majority 
religion thatChristians might not be terribly fond of.

Domestic religious 
imperialists ought to think twice aboutthe reasons for holding up their 
faith as the one true faith and seeking to express this commitment in law, 
whether they conscientiously believe itor not. Andjust as soon as 
they attempt to maketheir religion the law by constraining mildly or 
ferociously other conscientious practices, many other religionists and 
secularists together will reject, even by force,their 
imperialism.

BobbyRobert Justin LipkinProfessor of LawWidener 
University School of LawDelaware
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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Steven Jamar
Well, I don't see christianity becoming a minority religion in the US any time in my lifetime or my grandchildren's.  Unless, of course, one excludes Spanish-speaking Catholics from being Christians.On Mar 3, 2006, at 8:57 PM, [EMAIL PROTECTED] wrote: I have a fairly straightforward question or set of questions: What does it mean to say that the United States is a Christian country or that Christianity is, in the United States, the "official" religion? Is this a descriptive claim?  More Christians than members of other religions?  A historical claim? Christianity has played an important role in American history? Does it mean we're dedicated to Christian values only? Or perhaps it means that only moral values acceptable in the United States are ones that are derived from Christianity? (Which version of Christianity?) Moreover, whatever it means, does it entail that other religions are unwelcome in the United States, or though welcome are merely tolerated and should refrain from advancing their values in the public square?    I would suggest that state legislatures or Congress can say what they want? Descriptively, this is not a Christian country, or if it is, it will in the near future no longer be one.  In the future, it might be a Muslim, Hindu, etc. country, and I think anyone committed to the values of religious liberty and tolerance will reject the idea that American constitutional values countenance the idea that this is an X country, where "X" stands for a particular sectarian religion.   It's not at all clear to me why committed Christians or committed religionists cannot embrace their religions without seeking the imprimatur of official endorsement.  But if they cannot, it's important to remember that soon their religion might be descriptively a minority religion, and the entire framework of constitutional religious liberty might be reinterpreted into the values of a future majority religion that Christians might not be terribly fond of.   Domestic religious imperialists ought to think twice about the reasons for holding up their faith as the one true faith and seeking to express this commitment in law, whether they conscientiously believe it or not. And just as soon as they attempt to make their religion the law by constraining mildly or ferociously other conscientious practices, many other religionists and secularists together will reject, even by force, their imperialism.   BobbyRobert Justin LipkinProfessor of LawWidener University School of LawDelaware  -- Prof. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                  mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"The most precious things one gets in life are not those one gets for money."Albert Einstein ___
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Re: Missouri declares Christianity its official religion.

2006-03-03 Thread Paul Finkelman




Creches on public property are only legal if surrounded by Santa, a few clowns,
candy canes and enough other junk to destroy the religious meaing; the 10
commandments on texas lawn was legal only becauase it is "not sacred." The
Court essentially tells those who insist on putting up their religious displays
with my teax dollars only if they do so in way that destroys the religoius
meaning. WHat I do not udnerstand is why religous people don't take the
hint and stop volunteering to desecrate their own symbols so they can display
them.

Ed Darrell wrote:

  Isn't this a rather milquetoast resolution? Could we not make a case
that voluntary prayer and creches on public property are already legal --
in fact, hasn't the ACLU been defending exactly those things in the past
five years?
  
  
  
  One might wonder if these same legislators are among those who would
refuse to sign a petition calling for the Bill of Rights -- or worse, if
they'd go to the mat to slam Congress, the President, and activist judges,
for not allowing such things as the Bill of Rights. 
  
  
  
  I'd flunk these guys on their history; shouldn't someone tell them
that what they ask is already the law?
  
  
  
  Ed Darrell
  
  Dallas
  
  Steven Jamar [EMAIL PROTECTED] wrote:
  
  is
this much different from Reagan's [in]famous proclamation that !  we are 
Christian country? The resolution seems not to be any sort of law with impact
-- just some hortatory language about how school-sponsored prayer and public-sponsored
creches should be allowed.  


  
  
  
  
  
  
  
  
  
  
  
  
  

From: Winston Calvert [EMAIL PROTECTED]
  
Reply-To: [EMAIL PROTECTED],Law  Religion issues for
Law Academics religionlaw@lists.ucla.edu
  
To: Law  Religion issues for Law Academics
religionlaw@lists.ucla.edu
  
Subject: RE: Missouri declares Christianity
its official religion. Date: Fri, 3 Mar 2006 11:39:35 -0800 (PST)
  


  
Here is the text of the resolution:
  


  
SECOND REGULAR SESSION
  
House Concurrent Resolution No. 13
  
93RD GENERAL ASSEMBLY
  
4572L.02I
  
http://www.house.state.mo.us/bills061/bills/hcr13.htm
  


  
Whereas, our forefathers of this great
nation of the
  
United States recognized a Christian God
and used  the
  
principles afforded to us by Him as the
founding
  
principles of our nation; and
  


  
Whereas, as citizens of this great nation,
we the
  
majority also wish to exercise our constitutional
  
right to acknowledge our Creator and give
thanks for
  
the many gifts provided by Him; and
  


  
Whereas, as elected officials we should
protect the
  
majority's right to express their religious
beliefs
  
while showing respect for those who object;
and
  


  
Whereas, we wish to continue the wisdom
imparted in
  
the  Constitution of the United States of America by
  
the founding fathers; and
  


  
Whereas, we as elected officials recognize
that a
  
Greater Power exists above and beyond the
institutions
  
of mankind:
  


  
Now, therefore, be it resolved by the members
of the
  
House of Representatives of the Ninety-third
General
  
Assembly, Second Regular Session, the Senate
  
concurring therein, that we stand with
the majority of
  
our constituents and exercise the common
sense that
  
voluntary prayer in public schools and
religious
  
displays on public property !  are not
a  coalition of
  
church and state, but rather the justified
recognition
  
of the positive role that Christianity
has played in
  
this great nation of ours, the United States
of
  
America.
  


  



  

 
--
  
Prof. Steven D. Jamar   vox: 202-806-8017
  
Howard University School of Law   nbs!  p;fax: 202-806-8428
  
2900 Van Ness Street NW
 mailto:[EMAIL PROTECTED]
  
Washington, DC 20008  http://www.law.howard.edu/faculty/pages/jamar
  


  
"A word is not a crystal, transparent and unchanged,
it is the skin of a living thought and may vary greatly in color and content
according to the circumstances and the time in which it is used."
  


  
Justice Oliver Wendell Holmes in Towne v. Eisner,
245 U.S. 418, 425 (1918)
  






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