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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Blackwell, Morton: Files
Folder Title: [School Prayer] (8 of 10)
Box: 20
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
file
Bob Michel
School Prager
Social Issues Won't Go Away
Any congressman who has been in Washington
as long as I have-more than a quarter of a cen-
posed legislation dealing with the abortion issue
tury-can be excused for believing he has seen it
has languished in House subcommittees for years
all. But just when you think there can be nothing
because the House majority simply doesn't want
new in politics, along come the social issues: abor-
to see the issue dealt with openly. You don't have
tion, busing, quotas and school prayer.
to be a right-to-lifer to know this is precisely the
These social questions have been temporarily
kind of thing that has led the public to have such
sidelined by the urgency of economic matters.
a low opinion of Congress. Even if you are in
Some people assume that the emphasis on the
favor of every aspect of the 1973 Supreme Court
economy, and even foreign policy, is so strong
decision, a sense of fairness and 8 commitment to
today that social questions have been buried in a
the democratic process should suggest that those
national graveyard for sticky issues, finally and
who oppose the decision deserve a fair hearing in
forever.
Congress. Perhaps the constitutional amend-
Not so.
ments should be examined; perhaps other meas-
These issues are different in kind, not just in
ures might be considered. But one thing is cer-
degree, from the usual issues that confront Con-
tain: the issue can no longer be ignored.
gress. They deal with basic values and therefore
Another ploy used by those who don't want to
have the ability to inflame passions on all sides.
address these issues is to accuse adherents of
The social issues are not going to go away, and
these movements of being "shrill" and therefore
Congress is going to have to come to grips with
not respectable enough for congressional atten-
them.
Yet there are still those in Congress-in both
tion. When I hear this said, I often think of the
parties-who refuse to adjust to the political real-
late Adam Clayton Powell. Powell was sometimes
ities of the 1980s. Rather than discuss the facts of
less than civil when speaking about civil rights.
the social issues, they spendran enormous amount
He might even have been called shrill at times.
of time and energy trying to flee them.
But Powell's eccentricities and faults did not in
One way of doing this is by pretending that
any way invalidate the political, social and moral
concern about abortion and school prayer and
correctness of the civil rights cause he often
busing and quotas is simply a temporary and
championed.
rather distasteful political phenomenon. The so-
It seems to me that those who supported civil
cial issues are, we are told, "single issue" ques-
rights even though they didn't like Powell's ap-
tions and therefore somewhat disreputable.
proach should remember this when they use the
President Carter, in his farewell address, made
"shrillness" charge as a means of avoiding the re-
such a point.
sponsibility of taking up social issues on their
Ironically, this argument is often made by
merits.
those who, only a few short years ago, were telling
I agree with President Reagan's initial empha-
us that American involvement in the Vietnam
sis on trying to solve our economic problems. But
War was immoral and that no matter how one
I also agree with him that those problems that di-
might feel about other important issues, a wrong
rectly affect the values of family, school and com-
attitude on this single issue deserved instant
munity are also major concerns and that we must
political damnation. We can only smile indul-
not pretend they do not exist just because they
gently when we are told today by many of the
are difficult. There are, in short, two mistakes.
same people that a "single issue" voter is some-
Congress can make concerning the social issues.
how irresponsible.
The first is to treat them as if nothing else mat-
Contrary to the myth that social issues activists
ters. The second is to treat them as if they don't
are single-minded fanatica, those who oppose
matter at all.
abortion-on-demand or who favor school prayer
are, I have found, as deeply concerned as the rest
of us over traditional political issues such as the
economy and national security. But they feel that
Supreme Court decisions and bureaucratic ac-
tions in areas of traditional values have robbed
them of their right to participate in shaping (not,
as some say, "imposing") policy in matters they
are convinced should be left in the hands of the
people. And by no definition I am aware of can
those concerned with social issues all be labeled
"conservative Republican." The pro-life, anti-
busing and school prayer movements transcend
party and ideological lines.
Wash. Post
Those who hold strong views on these issues
are not outside the traditional area of political
concern. They are not all "New Right" or "Moral
Majority" members. Just because most of us in
Feb.
Congress do not relish dealing with questions of
abortion or school prayer doesn't mean we can
turn our backs on those who say these issues
should be discussed and, yes, voted upon. Con-
gress wasn't created 80 that congressmen could
handle only those issues with which they feel
comfortable.
Let me give one example of what I mean. Eight
years after the Supreme Court decision on abor-
tion, there are still millions of Americans deeply
concerned about abortion-on-demand. Yet pro-
Martan:- Good works
Cleve's
FOR THE WEEK OF: pay off.
Corner
MAY 17, 1982 Thanks,
A Report From
Congressman Cleve Benedict
Bill
file
Propr
VOLUNTARY SCHOOL PRAYER
WASHINGTON Last week I was pleased to be one of three members of Congress
who joined the President in the White House Rose Garden for a ceremony observing
the first Thursday in May as a National Day of Prayer.
Religious leaders representing numerous faiths were on hand for this
ceremony which continues a tradition that was begun by the Continental Congress.
During his remarks at the ceremony, the President outlined the important
role that prayer has traditionally played in American society. "Prayer has
sustained our people in crisis, strengthened us in times of challenge, and
guided us through our daily lives since the first settlers came to this continent,"
he said. "Our forebearers came not for gold, but mainly in search of God and
the freedom to worship in their own way."
George Washington, he noted, knelt in the snow to pray at Valley Forge and
Abraham Lincoln said once that he would be the most foolish man of this footstool
we call Earth, if he thought for one minute he could fulfill the duties that
faced him if he did not have the help of One who was wiser than all others.
Today, prayer is still a powerful force in America, and our faith in God
is a mighty source of strength. Our Pledge of Allegiance states that we are
"one nation under God," and our currency hears the motto "In God we Trust." Each
day, the House of Representatives and the Senate open their sessions with a
prayer.
Unfortunately, in recent years well-meaning Americans in the name of
freedom have taken freedom away. For the sake of religious tolerance, they've
forbidden religious practice in our public classrooms. As Thomas Jefferson once
said, "Almighty God created the mind free." But current interpretation of our
Constitution holds that the minds of our children cannot be free to pray to
God in public schools.
No one must ever be forced, coerced or pressured to take part in any
religious exercise, but neither should the government forbid religious practice.
For this reason, I was pleased to hear the President endorse a proposed amendment
to the Constitution to allow our children voluntarily to pray in school.
Such an amendment will not require any child to pray in school but it
will provide for a return to the traditional freedom of choice.
The President told me he expects to submit this proposed amendment to
Congress in the near future. When he does, I hope it will be given prompt
attention because it will restore a freedom that our Constitution was always
meant to protect.
(The address to contact Congressman Benedict is: 1229 Longworth Building,
Washington, D. C. 29515.)
PROJECT PRAYER-NEWS
418 C Street, N.E./Carriage House/Washington, D.C. 20002
MEMORANDUM
file
TO: ORGANIZATIONS AND LEADERS
schools
FR: GARY JARMIN, PROJECT DIRECTOR
RE: MEMBERSHIP IN PROJECT PRAYER COALITION
On March 3, 1981, the first meeting of Project Prayer, took
place. Over thirty organizations including Christian Voice,
Moral Majority and the Conservative Caucus have already promised
their full support. Many of these groups sent representatives to
the first meeting of this Ad Hoc Coalition for Voluntary School
Prayer.
The return of prayer to our public schools is an issue of para-
mount importance to all of these organizations. Initially
Project Prayer will be supporting legislation to limit the
jurisdiction of the Supreme Court and of the district courts in
cases regarding voluntary school prayer. Identical bills,
Congressman Phil Crane's HR 2347 and Senator Jesse Helms' S481
have been introduced. Joint hearings are planned in the
Separation of Powers and Constitution Sub-Committees of the
Senate Judiciary Committee on S481. It is expected that passage
will be much more difficult in the House. In fact, a discharge
petition may be necessary again.
It is imperative that the media realize the broad based support
for our position. To do this we are inviting many organizations
whose primary legislative thrust is not school prayer, but who
are also concerned about the issue to join Project Prayer.
There are many different types of participation available to an
organization affiliated with an Ad Hoc Coalition like Project
Prayer. Some groups have the desire and resources to take a
leadership role in the effort. There will be others who will
also be very active but for various reasons can not be formallly
affiliated. Frequently when this occurs the individual heading
the organization rather than the organization itself will join
the coalition. Another type of group of equal importance is one
who supports the coalition's agenda but because of limited
resources, are not an active member. These organizations realize
the additional strength and credibility they give the coalition
just by allowing the use of their name.
Project Prayer will be a genuine Ad Hoc Coalition and will not
promote any single group or individual. We are anxious to have
your support in our efforts to return prayer to public school.
We are sure you will want to give this invitation some prayerful
consideration. Should you decide to join with us in this
endeavor, please contact me as soon as possible. The enclosed
form is provided for you to indicate the type of involvement you
wish to have.
Please do not hesitate to contact me if you have any questions or
need more information regarding Project Prayer activities. The
Project Prayer phone number is (202) 546-7977.
PROJECT PRAYER
418 c Street, N.E./Carriage House/Washington, D.C. 20002
MY ORGANIZATION IS PROUD TO JOIN AND
SUPPORT PROJECT PRAYER. PLEASE ADD OUR NAME
TO THE LIST OF ORGANIZATIONS SUPPORTING THE
RETURN OF PRAYER TO PUBLIC SCHOOLS.
OR
ALTHOUGH MY ORGANIZATION FULLY SUPPORTS
THE EFFORTS OF PROJECT PRAYER, WE ARE UNABLE
TO FORMALLY AFFILIATE WITH YOUR EFFORTS TO
RETURN PRAYER TO PUBLIC SCHOOLS. HOWEVER,
PLEASE ADD MY NAME PERSONALLY, TO YOUR LIST
OF SUPPORTERS.
NAME
TITLE
ORGANIZATION
SIGNATURE
PROJECT PRAYER COALITION MEETING MINUTES
March 26, 1981
Members in attendance:
Carl Anderson - Senator Helm's Office
Bill Billings - National Christian Action Coalition
Mary E. Bull - Maryland Interfaith Com. to Restore Optional Prayer
Mr. & Mrs. Chasey - - Enterprise Consultants Inc.
Paul Egan - - American Legion
Gary Jarmin - Christian Voice
Albion W. Knight - Conservative Caucus
Ruth Van Mark (for Don Senese) - Republican Study Committee
F. Andy Messing Jr. - Conservative Caucus
Dr. Meyer - - Lawyer
Forest Montgomery - National Association Evangelicals
Freda Nazeer - General Federation of Women's Clubs
Ruth O'Reilly - Maryland Federation of Catholic Laity
Louise Ropog - Moral Majority
Phil Sheldon - Christian Voice
Ed Tiesenia - - Steering Committee
John Webb - Americans for God
Mildred Webber - Republican Senate Conference Committee
Dick Walters - American Life Lobby
The meeting was called to at 9:10 a.m.
Invocation - Gary Jarmin
Action
a) Senate Poll on S481, the Senate Steering Committee, expected
completion on or about April 1, 1981.
b) Discussion of increased role for; White House, Dept. of Education
particularly Bob Billings, Morton Blackwell and Paul Russo.
c) Bring in Previous and Planned Publication on School Prayer.
Legislative Strategy
a) Seperation of Powers Sub Committee of Senate Judiciary will
have exclusive juristiction on S481.
b) Hearing on S481 by July, 1981 in Seperation of Powers Sub/Commiti
c) Thank Jim McClellan and Senator East for support and encourage
them to hold hearings as soon as possible to ensure sufficient
time for Discharge Petition.
Coalition Business
a) Forms for membership were distributed.
b) John Webb appointed head of Publications Committee.
c) Recommended Donations of $100.00 to $250.00 per organization.
New Business
Discussion of tax status of Project Prayer (501 (c) 3, 501 (c) 4
or 501(h)), discussion will continue at a later date.
Important Note: Hearings in Kastenmeiers Subcommittee on Court
Jurisdiction forSchool Prayer, Busing and Abortion
appear likely to begin in late May according to
the Sub-Committee 11
CHRISTIAN
PRESS RELEASE
VOICE
418 C STREET, NE CARRIAGE HOUSE WASHINGTON, D.C. 20002 202/544-5202
Release: Immediate
Contact: Gary Jarmin
202-544-5202
703-256-4905
CHRISTIAN VOICE CALLS FOR PRAYER VIGIL FOR RECOVERY OF PRESIDENT REAGAN
Washington, D.C.-- Christian Voice, one of the nations largest political
action groups representing evangelicals, called upon all Americans to begin
a prayer vigil to "pray for the speedy recovery of our President and the
brave men seriously wounded in the assasination attempt".
Dr. Robert G. Grant, chairman of Christian Voice, stated: "At this critical
time it is imperative that all Americans join together in prayer to beseech
God Almighty to intercede with His divine healing power to bring about the
full and speedy recovery of President Reagan and the brave men wounded in
this attack. We also pray that our Lord will bless Nancy Reagan and the
families of all those involved with His peace, strength and courage during
this tragic ordeal."
Dr. Grant added, "This horrendous incident serves as a reminder that the
forces of evil are still ever powerful and to the extent they have perverted
and corrupted our society. It further underscores how vulnerable we all are
to this evil and how great is our need to humble ourselves before God and
seek His divine help to heal our Nation. Only through faith and the power
of prayer can we save our country from the evil, violence and moral decay
that surrounds us.
"Most importantly, "Grant continued, "we humbly urge that all people of
faith will join in prayer at this critical time for the healing of our
beloved President. Now is not the time for words of anger and rancor, but
only for our voices to be turned to God in prayer for His healing power to
save our President and the other wounded men whose lives are in jeopardy."
- 30 -
NATIONAL DAY OF PRAYER
4897
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
National prayer is deeply rooted in our American heritage.
From the earliest days of our Republic, Americans have asked
God to hear their prayers in times of sorrow and crisis and
in times of bounty.
The first National Day of Prayer was proclaimed in 1775
by the Second Continental Congress. As thousands gathered
in prayer in places of worship and encampments throughout the
new land, the dispersed colonists found a new spirit of unity
and resolve in this remarkable expression of public faíth.
For the first time, Americans of every religious persuasion
prayed as one, asking for divine guidance in their quest for
liberty and justice. Ever since, Americans have shared a
special sense of destiny as a nation dedicated under God to
the cause of liberty for all men.
Through the storms of Revolution, Civil War, and the great
World Wars, as well as during times of disillusionment and
disarray, the nation has turned to God in prayer for deliverance.
We thank Him for answering our call, for, surely, He has.
As a nation, we have been richly blessed with His love and
generosity.
Just 30 years ago, a Joint Resolution of the Congress
requested the President to proclaim a day each year, other
than a Sunday, as a National Day of Prayer, on which the people
of the United States may turn to God in prayer and meditation
in places of worship, in groups, and as individuals. Eight
Presidents since then have annually proclaimed a Day of Prayer
to the nation, resuming the tradition started by the Continental
Congress.
2
NOW, THEREFORE, I, RONALD REAGAN, President of the
United States of America, do hereby proclaim Thursday,
May 6, 1982, National Day of Prayer. On that day, I ask
Americans to join with me in giving thanks to Almighty God
for the blessings He has bestowed on this land and the protection
He affords us as a people. Let us as a nation join together
before God, aware of the trials that lie ahead and of the need
for divine guidance. With unshakable faith in God and the
liberty which is our heritage, we as a free nation will continue
to grow and prosper.
IN WITNESS WHEREOF, I have hereunto set my hand this
twelfth
day of February, in the year of our Lord
nineteen hundred and eighty-two, and of the Independence of
the United States of America the two hundred and sixth.
Ronald Reogan
file
THE WHITE HOUSE
School
WASHINGTON
June 6, 1983
Prayer
Dear Strom:
I want to thank you for your leadership on behalf
of the school prayer issue. Your involvement in
this important issue has spanned a period of
several years. I appreciate the extensive hearings
held by the Senate Judiciary Committee, both on the
constitutional amendment I transmitted to Congress
and which you so kindly introduced, S.J. Res. 73,
and on the equal access statutory approach.
I am aware of the discussion among advocates of
school prayer over the best means to restore
freedom of religious expression to the schools.
Above all else, I believe we all share a strong
desire to do something effective to reverse the
trend of excluding all religious forms of speech
from the public schools.
S.J. Res. 73 is intended to reverse the Supreme
Court's school prayer decisions of the early
1960's. I am persuaded that this approach carries
with it broad support both from many religious
groups and the general population. I remain sup-
portive of S.J. Res. 73.
The Committee hearings have also called public
attention to the need for a bill to guarantee
non-discrimination toward religious student
groups in federally assisted public schools.
A bill along the general lines of those already
introduced by Senators Denton and Hatfield could
go far to end such discrimination.
2
I hope that both the school prayer amendment and
an equal access bill can be voted quickly out of
committee, and that a floor vote in the Senate
can be held as soon as possible after Labor Day,
giving ample time for public discussion and
expression of citizens' views to their represen-
tatives, before a decision is made in the U.S.
Senate on this most important matter.
Thank you for your commitment and assistance in
helping to restore voluntary religious expression
to our public schools.
Sincerely,
Ronald Reagan
The Honorable Strom Thurmond
United States Senate
Washington, D.C. 20510
Hile
SCHOOL PRAYER SENATE TELEPHONE SURVEY (5-11-83)
Senator
Assistant
Position
Co-sponsor
Sen. Abdnor
Garrett Fuller
In Favor
Yes
Sen. Andrews
Jill Edwards
In Favor
Possible
Sen. Armstrong
Debra Buetner
In Favor
Undecided
Sen. Baker
Lynne Holmes
Undecided*
No
Sen. Baucus
Mary Troland
Undecided
No
1
Sen. Bingaman
Brent Burdowski
Opposed
Sen. Boren
David Cox
Undecided*
No
Sen. Boschwitz
Barbie Thompson
Opposed
No
Sen. Bradley
Marcia Arnoff
Undecided
Sen. Bumpers
Bill Massey
Undecided"
Sen. Burdick
Leo Wilking
Opposed XX
Sen. Byrd
Joan Drummond
In Favor
Undecided
Sen. Chafee
Annette Frybourg
Undecided**
Undecided
Sen. Chiles
Connie Hays
In Favor
Yes
Sen. Cochran
Jane Walton
In Favor
Undecided
Sen. Cohen
Kim Cortell
Opposed
Sen. Cranston
Gary Aldridge
Opposed
Sen. D'Amato
Rick Nasti
In Favor
Sen. Danforth
Ted Blanton
Opposed"
Sen. DeConcini
Bob Fiedler
In Favor
Sen. Denton
Karl Moore
In Favor
Yes
Sen. Dixon
Sylvia Davis
Undecided**
Sen. Dodd
Mike Naylor
Opposed
Sen. Dole
Sheila Bear
Undecided"
Sen. Domenici
George Romanas
In Favor
Undecided
Sen. Durenberger
Tom Horner
In Favor
Undecided
Sen. Eagleton
Glenn Smith
Opposed
Sen. East
Tom Bovard
In Favor
No
Sen. Exon
Bill Hoppner
In Favor
Undecided
Sen. Ford
Dave Leader
In Favor
Undecided
Sen. Garn
Jounne Snow
In Favor
Undecided
Sen. Glenn
Dan Daugherty
Sen. Goldwater
Terry Emerson
In Favor
Yes
Sen. Grassley
John Maxwell
In Favor
Undecided
Sen. Gorton
Mary Ann McGettigan
Opposed""
Sen. Hart
Judie Beals
Opposed
Sen. Hatch
Steve Markman
In Favor
Yes
Sen. Hatfield
Tom Getman
Opposed
Sen. Hawkins
John Dedinski
In Favor
Yes
Sen. Heflin
Barry Bauman
In Favor
Undecided
Sen. Hecht
Royle Melton
In Favor
Sen. Heinz
Richard Breyers
Undecided""
No
Sen. Helms
Tom Ashcraft
In Favor
Sen. Hollings
Ashby Thieft
In Favor
Sen. Huddleston
Roger LeMaster
Sen. Humphrey
David Grey
In Favor
Sen. Inouye
Patric Delion
Undecided
No
Sen. Jackson
Charlotte Tsoucalis
Undecided
No
Sen. Jepsen
In Favor
Sen. Johnston
Susan Austin
In Favor
Undecided
Sen. Kassebaum
Elizabeth Lewis
Undecided*
1Sen. Bentsen
Marina Weiso
In Favor
Undecided
tSen. Biden
Greg Principato
Undecided""
Senator
Assistant
Position
Co-spons
Sen. Kasten
Willy Lerkach
In Favor
Undecided
Sen. Kennedy
Robert Shum
Undecided
No
Sen. Lautenberg
Joy Silver
Sen. Laxalt
Paul Holm
In Favor
Possible
Sen. Leahy
Ann Harkins
Opposed
Sen. Levin
John Sheridan
Opposed
Sen. Long
Lula Davis
Undecided*
No
Sen. Lugar
Lynn Daglian
In Favor
Undecide
Sen. Mathias
Mike Cooper
Opposed
Sen. Matsunaga
Elma Henderson
Sen. Mattingly
Woodie Woodward
In Favor
Undecided
Sen. McClure
Martha Solodky
In Favor
No
Sen. Melcher
Mary Gereau
Opposed**
Sen. Metzenbaum
Cheryl Birdsall
Opposed
Sen. Mitchell
Jeff Nathanson
Opposed
Sen. Moynihan
Debbie Alfred
Opposed
Sen. Murkowski
J.C. Artsinger
Undecided"
Sen. Nickles
Laura Clay
In Favor
Sen. Nunn
Irene Sanders
Undecided*
Sen. Packwood
Peggy Walkers
Opposed
Sen. Pell
Brad Penny
Opposed
Sen. Percy
Cindy Oliver
Opposed**
Sen. Pressler
Diane Swanson.
In Favor
Sen. Proxmire
Morton Schwartz
In Favor
No
Sen. Pryor
Nancy Dair
In Favor
Possible
Sen. Quayle
Jim Wolfe
In Favor
Yes
Sen. Randolph
Ned Massey
In Favor
No
Sen. Riegle
Cindy Jucinkoui
Sen. Roth
Becky McDonald
In Favor
Undecided
Sen. Rudman
Tom Polgar
leaning Against**
Sen. Sarbanes
Judy Davidson
Opposed
Sen. Sasser
Rosemary
In Favor
Yes
Sen. Simpson
Paul Hortz
In Favor
Possible
Sen. Specter
Mary Westmore]
Undecided**
Sen. Stafford
Mike Francis
In Favor
Undecided
Sen. Stennis
Jim Kendal
In Favor
Possible
Sen. Stevens
Maryann Simps
In Favor
Undecided
Sen. Thurmond
Eric Holtman
In Favor
Yes
Sen. Tower
Debra Harnsbu
In Favor
Undecided
Sen. Trible
In Favor
Sen. Tsongas
Brenda Wellbi
Opposed
Sen. Wallop
Paul Cussey
Indecided*
Sen. Warner
Travis Singe
in Favor
Undecided
Sen. Weicker
Getrey Baket
Opposed
Sen. Wilson
Ira Goldman
in Favor
Sen. Zorinsky
Dan Fuchs
In Favor
Undecided
50= In Favor
*= Likely vote yes (8)
58= probable Yes
**= Major Targets (12)
SCHOOL PRAYER SENATE TELEPHONE SURVEY (5-11-83)
Senator
Assistant
Position
Co-sponsor
Sen. Abdnor
Garrett Fuller
In Favor
Yes
Sen. Andrews
Jill Edwards
In Favor
Possible
Sen. Armstrong
Debra Buetner
In Favor
Undecided
Sen. Baker
Lynne Holmes
Undecided*
No
Sen. Baucus
Mary Troland
Undecided
No
1
Sen. Bingaman
Brent Burdowski
Opposed
Sen. Boren
David Cox
Undecided*
No
Sen. Boschwitz
Barbie Thompson
Opposed
No
Sen. Bradley
Marcia Arnoff
Undecided
Sen. Bumpers
Bill Massey
Undecided"
Sen. Burdick
Leo Wilking
Opposed XX
Sen. Byrd
Joan Drummond
In Favor
Undecided
Sen. Chafee
Annette Frybourg
Undecided""
Undecided
Sen. Chiles
Connie Hays
In Favor
Yes
Sen. Cochran
Jane Walton
In Favor
Undecided
Sen. Cohen
Kim Cortell
Opposed
Sen. Cranston
Gary Aldridge
Opposed
Sen. D'Amato
Rick Nasti
In Favor
Sen. Danforth
Ted Blanton
Opposed"
Sen. DeConcini
Bob Fiedler
In Favor
Sen. Denton
Karl Moore
In Favor
Yes
Sen. Dixon
Sylvia Davis
Undecided
Sen. Dodd
Mike Naylor
Opposed
Sen. Dole
Sheila Bear
Undecided"
Sen. Domenici
George Romanas
In Favor
Undecided
Sen. Durenberger
Tom Horner
In Favor
Undecided
Sen. Eagleton
Glenn Smith
Opposed
Sen. East
Tom Bovard
In Favor
No
Sen. Exon
Bill Hoppner
In Favor
Undecided
Sen. Ford
Dave Leader
In Favor
Undecided
Sen. Garn
Joanne Snow
In Favor
Undecided
Sen. Glenn
Dan Daugherty
Sen. Goldwater
Terry Emerson
In Favor
Yes
Sen. Grassley
John Maxwell
In Favor
Undecided
Sen. Gorton
Mary Ann McGettigan
Opposed""
Sen. Hart
Judie Beals
Opposed
Sen. Hatch
Steve Markman
In Favor
Yes
Sen. Hatfield
Tom Getman
Opposed
Sen. Hawkins
John Dedinski
In Favor
Yes
Sen. Heflin
Barry Bauman
In Favor
Undecided
Sen. Hecht
Royle Melton
In Favor
Sen. Heinz
Richard Breyers
Undecided"
No
Sen. Helms
Tom Ashcraft
In Favor
Sen. Hollings
Ashby Thieft
In Favor
Sen. Huddleston
Roger LeMaster
Sen. Humphrey
David Grey
In Favor
Sen. Inouye
Patric Delion
Undecided
No
Sen. Jackson
Charlotte Tsoucalis
Undecided
No
Sen. Jepsen
In Favor
Sen. Johnston
Susan Austin
In Favor
Undecided
Sen. Kassebaum
Elizabeth Lewis
Undecided*
tSen. Bentsen
Marina Weiso
In Favor
Undecided
tSen. Biden
Greg Principato
Undecided""
Senator
Assistant
Position
Co-sponsor
Sen. Kasten
Willy Lerkach
In Favor
Undecided
Sen. Kennedy
Robert Shum
Undecided
No
Sen. Lautenberg
Joy Silver
Sen. Laxalt
Paul Holm
In Favor
Possible
Sen. Leahy
Ann Harkins
Opposed
Sen. Levin
John Sheridan
Opposed
Sen. Long
Lula Davis
Undecided*
No
Sen. Lugar
Lynn Daglian
In Favor
Undecided
Sen. Mathias
Mike Cooper
Opposed
Sen. Matsunaga
Elma Henderson
Sen. Mattingly
Woodie Woodward
In Favor
Undecided
Sen. McClure
Martha Solodky
In Favor
No
Sen. Melcher
Mary Gereau
Opposed**
Sen. Metzenbaum
Cheryl Birdsall
Opposed
Sen. Mitchell
Jeff Nathanson
Opposed
Sen. Moynihan
Debbie Alfred
Opposed
Sen. Murkowski
J.C. Artsinger
Undecided*
Sen. Nickles
Laura Clay
In Favor
Sen. Nunn
Irene Sanders
Undecided*
Sen. Packwood
Peggy Walkers
Opposed
Sen. Pell
Brad Penny
Opposed
Sen. Percy
Cindy Oliver
Opposed"
Sen. Pressler
Diane Swanson
In Favor
Sen. Proxmire
Morton Schwartz
In Favor
No
Sen. Pryor
Nancy Dair
In Favor
Possible
Sen. Quayle
Jim Wolfe
In Favor
Yes
Sen. Randolph
Ned Massey
In Favor
No
Sen. Riegle
Cindy Jucinkouis
Sen. Roth
Becky McDonald
In Favor
Undecided
Sen. Rudman
Tom Polgar
leaning Against""
Sen. Sarbanes
Judy Davidson
Opposed
Sen. Sasser
Rosemary
In Favor
Yes
Sen. Simpson
Paul Hortz
In Favor
Possible
Sen. Specter
Mary Westmoreland
Undecided**
Sen. Stafford
Mike Francis
In Favor
Undecided
Sen. Stennis
Jim Kendal
In Favor
Possible
Sen. Stevens
Maryann Simpson
In Favor
Undecided
Sen. Thurmond
Eric Holtman
In Favor
Yes
Sen. Tower
Debra Harnsburger
In Favor
Undecided
Sen. Trible
In Favor
Sen. Tsongas
Brenda Wellburn
Opposed
Sen. Wallop
Paul Cussey
Undecided*
Sen. Warner
Travis Singer
In Favor
Undecided
Sen. Weicker
Getrey Baker
Opposed
Sen. Wilson
Iva Goldman
In Favor
Sen. Zorinsky
Dan Fuchs
In Favor
Undecided
50= In Favor
*= Likely vote yes (8)
58= probable Yes
**= Major Targets (12)
June 24, 1983
Hon. John P. East
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
Re: Hatch Silent Prayer Amendment
Dear Senator East:
I do not regard this proposal favorably.
First of all, I do not believe that a mere "prayer
amendment" is what is needful for the accommodation of
religious liberty in public education. While I greatly doubt
that public education today really can be made legally
satisfactory to genuinely religious people, the minimum
accommodation to religious freedom should be an amendment
which, in effect, overrules the McCollum decision, Kindly
see my article which appears in Free Congress' BLUE PRINT
FOR JUDICIAL REFORM, pages 340-348.
If, however, a "prayer amendment" is sought, the Hatch
Amendment is not the one which should be picked. If we're
going to amend the Constitution to allow prayer, why not let
it be aloud? Certainly, if children are to pray at all, they
should be allowed to pray in normal - not covert - style. As
to Section 2, I am not sure it is needed yet, since the
Supreme Court has not yet barred such access. If Section 2
is utilized, there should be added, at the end: "including
religious groups."
Thanks for all you are doing. My best to your dear
wife.
Very truly yours,
William B. Ball
SOUTHERN BAPTIST CONVENTION
OFFICE OF THE PRESIDENT
FIRST BAPTIST CHURCH
JAMES T. DRAPER, JR.
P.O. BOX 400
EULESS, TEXAS 76039
July 8, 1983
President Ronald Reagan
THE WHITE HOUSE
Washington, DC
Dear Mr. President:
I regret that I could not meet with you, but am
required to be at another meeting in the Midwest.
I was privileged to meet with a group of Christian
leaders today at the invitation of the Freedom
Council. Your invitation came during our meeting
this afternoon.
I strongly believe in the right of voluntary prayer
in the public schools. I have traveled over 130,000
miles this past year. I have concluded that the
overwhelming majority of our 14 million Southern
Baptists favor voluntary prayer in the public
schools. We are a theistic country. The Supreme
Court has clearly ruled that such acknowledgment
of our theistic faith in the public sector is our
right by law. Voluntary prayer guarantees the same
right to our children.
I have had some concerns regarding the proposed
prayer amendment. I believe it must include clear
langauge, disallowing any authority of the state
to prescribe the content of such prayer. I urgently
request that distinct language be employed by the
proposed amendment to make this absolutely clear.
If such changes are made, I would strongly support
it.
May God bless you today and every day. You are
constantly in our prayers.
In His love,
James James T. T. Draper, Diaper, Jr. Jr.
JTD/mn
LISTING OF ATTENDEES
July 12, 1983
Dr. Ben ARMSTRONG,
Director
National Religious Broadcasters
Mr. John BECKETT,
President
Intercessors of America
Reverend Theodore CHELPON
Greek Orthodox Church
Dr. Jerry FALWELL,
President
The Moral Majority
Reverend Robert GRANT,
Chairman
Christian Voice
Rabbi Menachem LUBINSKY
Agudath Israel of America
Mrs. Connaught MARSHNER,
Chairman
National Pro-Family Coalition
Mr. Edward McATEER,
President
Religious Roundtable
Dr. Billy MELVIN,
Executive Director
National Association of Evangelicals
Mr. Theodore PANTALEO,
Executive Director
Freedom Council
Bishop J. O. PATTERSON
Presiding Bishop
Church of God in Christ
Dr. Pat ROBERTSON,
President
Christian Broadcasting Network
Mr. Grover REES,
Professor
University of Texas School of Law
- 2 -
Dr. Seymour SEIGEL,
Professor
Jewish Theological Seminary
Mr. Demos SHAKARIAN
Founder and President
Full Gospel Businessmen
Jimmy SWAGGERT
Jimmy Swaggert Ministries
Archbishop Joseph TAWIL
Roman Catholic, Melkite
Dr. Herbert TITUS,
Dean, School of Public Policy
CBN University
Dr. Morris VAAGNES,
President
International Lutheran Center for Church Renewal
Mr. Bob WEINER
Founder and Director
Maranatha Ministries
Bishop Thomas WELSH,
Presiding Bishop
Diocese of Allentown
Mr. Paul M. WEYRICH,
President
Free Congress Research and Education Foundation
Dr. Thomas ZIMMERMAN,
General Superintendent
Assembly of God
Mr. Donald H. Johnson
National Chairman
Assemblies of Our Lord Jesus Christ
THE WHITE HOUSE
WASHINGTON
May 6, 1982
QUESTIONS AND ANSWERS ON THE PRESIDENT'S PROPOSED
VOLUNTARY SCHOOL PRAYER AMENDMENT
Q)
Will the amendment overrule, abolish, or modify the
First Amendment to the Constitution?
A) No. The voluntary school prayer amendment will be
consistent with the original purpose of the First Amendment,
which was to enhance the opportunities of citizens to worship
as they see fit. For 170 years after the adoption of the
First Amendment, prayer was permitted in the public schools.
In 1962, the Supreme Court held that prayer in the public
schools violated the First Amendment provision forbidding
an "establishment of religion".
Justice Potter Stewart, in a strong dissent from the Court's
opinion, pointed out that the purpose of the Establishment
Clause was to prevent the Federal Government from establishing
an official religion. Justice Stewart pointed out that
permitting school children to participate voluntarily in
prayer is a far cry from designating a particular religion
to which citizens must subscribe. He pointed out that the
two Houses of Congress open their daily sessions with
prayers, that our coins, our Pledge of Allegiance, and our
National Anthem all reflect the truth that "we are a religious
people whose institutions presuppose a Supreme Being." Engel
V. Vitale, 370 U. S. 421 (1962) (Stewart, J., dissenting).
Q) HOW will the amendment guarantee that nobody will be
coerced into participating in prayer or religious
exercise?
A) The amendment will guarantee that no person shall be
required by the United States or by any state to participate
in prayer. Lower federal court decisions have suggested, for
instance, that prayers by unofficial groups of students who
congregate after class hours of their own volition are not
really voluntary because other students might feel subtle
pressure to join in the prayer. The amendment will reject
such an approach.
- 2 -
Q) What is to prevent school districts from imposing
particular religious doctrines on school children?
A) The amendment will rely on two factors to guard against
the imposition of sectarian beliefs:
First, the American political tradition is one of respect for
diversity and for freedom of religious expression. It would
be wrong to assume that states and localities would seek to
stifle diversity or to offend members of their communities
who hold minority religious views. In fact, prior to 1962,
local school authorities demonstrated a respect both for
religion and diverse views about religion.
Second, the amendment will absolutely forbid public schools
or other government agencies from requiring anyone to participate
in any prayer or religious exercise. Anyone who is offended
by the content of any prayer -- whether he is a member of a
minority religious group, an atheist, or anyone else -- can
simply refuse to participate; this constitutional right of
refusal will be an absolute safeguard against the imposition
of sectarian forms of worship.
The Lord's Prayer and the Ten Commandments are reflections
of our Judaeo-Christian heritage that could not fairly be
described as instruments for the imposition of narrow
sectarian dogmas on school children. Indeed, any reference
to a "personal" God who is more than a mere "life-force"
might be "denominational" insofar as it reflected the
general beliefs of Judaism and Christianity to the exclusion
of those who reject the idea of a personal God.
Q) Will the amendment affect other public institutions
besides public schools?
A) Yes but this provision would effect little or no change
in present judicial interpretations of the First Amendment.
As Justice Stewart pointed out in his dissent in Engel V. Vitale,
prayer is an important part of our national heritage and of
our daily community life. Prayer in public places other than
schools -- in public parks, in prisons, in hospitals, in
legislatures, in Presidential Inaugural Addresses -- has never
been held to violate the Constitution. The United States
Supreme Court begins all its sessions with reference to
Almighty God. The amendment would reaffirm this interpretation,
subject to the right of every individual to refuse to participate
in prayer or religious exercise.
Q) Would the amendment have any intended effect on pending
court actions against prayers in sessions of Congress and
against the retention of chaplains in the armed services?
A) The amendment would reaffirm the constitutionality of
prayers in Congress and of armed service chaplains.
- 3 -
Q) Will the amendment have any effect on the question of
government aid to religious schools, or "tuition tax
credits"?
A) No. Judges and constitutional scholars hold a wide range of
opinions on the extent to which government may directly or
indirectly aid religious institutions. The amendment will deal
only with public institutions and would not affect the constitu-
tional status of private institutions.
Q) Will the amendment require school boards or other
government agencies to permit students to pray in
school?
A) No. The amendment will simply remove any constitutional
obstacle to voluntary prayer. If school boards decided that
such prayers were a bad idea, they would be exactly as free
to exclude prayer from the schools as they are now. But
states and local school boards would also be free to permit
voluntary prayer, a power that is now denied them.
Q) Will state governments or local school boards be free to
compose their own prayers if this amendment is ratified?
A) Yes. Since the voluntary school prayer amendment will
eliminate any federal constitutional obstacle to voluntary
school prayer, states and communities would be free to select
prayers of their own choosing. They could choose prayers that
have already been written, or they could compose their own
prayers. If groups of people are to be permitted to pray,
someone must have the power to determine the content of such
prayers.
The amendment will accept the premise that communities are a
more appropriate forum than federal courts for decisions about
the content of school prayers. Of course, no student or any
other individual will be required to participate in any prayer
to which he objected for any reason.
Q) Why are you proposing a constitutional amendment rather
than statutory changes to restore the right to prayer in
schools and public institutions?
A) Legislative enactments will not be sufficient to overcome
Supreme Court interpretations of constitutional provisions.
Proposals to limit Supreme Court jurisdiction, even if constitu-
tional, would not reverse existing Supreme Court decisions and
would be inappropriate as a matter of policy.
Q) What is the status of support in the Congress and in the
states for restoring voluntary school prayer?
A) A wealth of national poll data shows overwhelming public
support for restoring voluntary school prayer. In the 97th
Congress, there are now pending thirteen bills and nine proposed
constitutional amendments designed to restore the opportunity
for voluntary school prayer.
State legislatures have repeatedly tried to restore this right
to their public school children.
March 30, 1982
Memo to Gary Bauer
From Grover Rees
Re: School Prayer Amendment
Nothing in this Constitution shall be construed
to prohibit prayer in any school or in any other place
or institution, whether public or private; provided
that no person shall be required by the United States
or by any of the several states to participate in any
prayer or religious exercise.
After a survey of about fifty proposed constitutional
amendments on the matter of school prayer, I have concluded that
the above language has the best chance of achieving the desired
effects while avoiding the major jurisprudential and political
pitfalls that such an amendment might encounter. Here are some
brief observations about the language:
(1) "Nothing in this constitution shall be construed." This
formulation is that of the Eleventh Amendment. It has the advantage
of not conceding that the decisions being overruled were ever
correctly decided. The school prayer amendment is not an
exception to the First Amendment; it is consistent with the thrust
of that amendment, which (contrary to what might be suggested by
a reading of modern decisions and commentaries) was designed to
enhance rather than to diminish the opportunities for citizens to
worship.
(2) "In any school or in any other institution, whether public
or private." The amendment does go beyond public schools; it
would also prohibit the courts from declaring unconstitutional
any prayer in other public places, or in places or institutions
-2-
that receive government funds. There are no political or legal
problems created by covering these other places and institutions,
and stating the principle more generally will help to blunt the
charge that this issue is too narrow and particular to deserve
a constitutional amendment. (At the moment the courts hold
that it is not unconstitutional to allow prayer on the Mall,
and their decisions about religious exercises in private schools
receiving government aid are confusing and perhaps conflicting.)
This amendment, unlike some other proposed amendments, does not
say anything about government aid to pervasively religious institutions;
nor does it deal with coins, public documents, or any of the
other matters in which official reliance on God has thus far
been tolerated.
(3) It is important to note one- other thing the amendment
does not do: It does not require the states to permit prayer in
public schools. The California Supreme Court might even decide that
the "establishment of religion" language in the California Constitution
prohibits prayer in California public schools, and this amendment
would not preclude such a construction. It would be possible to
do so by enacting an affirmative right to pray in public schools
and other public places. I might personally favor such an amendment.
But I'm afraid it would be far more controversial, and it would put
us on the wrong rhetorical side of the federalism issue. It would
also create problems about to what extent the states could regulate
the times, places and manners of prayers students wanted to make
in school.
(4) Note also that the amendment does not use the word
"nondenominational." I see several problems with this word. First,
-3-
the courts might hold
the Lord's Prayer, or any other
prayer identified with the Christian or Judaeo-Christian
tradition, to be "denominational." The requirement of
nondenominationality would be a fruitful litigating point
for A.C.L.U. lawyers whose close reading would show the influence
of Mormon theology on the prayers selected by Utah schools and
of Catholic theology almost everywhere else. References to saints,
to angels, to the afterlife, to specific attributes of God, or even
references to a "personal God" who is more than just a life-force,
might be held to be "denominational" insofar as they might offend
Unitarians and like that there. I believe we can rely on two
factors to ensure that this amendment will not result in sectarian
indoctrination of schoolchildren: First, the voluntariness proviso,
discussed below. Second, the political process and the fundamental
respect of the American people for diversity and for the principle
of freedom of worship. I should add that it is very important
not to give opponents of the amendment the opportunity to argue
that the language is unclear and that it would give rise to
floods of litigation. The word "denominational" has these political
drawbacks precisely because of the jurisprudential drawbacks described
above. Attempts to limit the range of acceptable prayers also have
the drawback of putting the federal government --- either the courts
or the Congress that proposes the amendment
into the business of
writing prayers. Somebody, of course, has to be in this business,
or at least in the business of selecting prayers; but principals
and school boards will do a better job of choosing the prayers that
are appropriate for their communities.
(5) "Provided that no person shall be required by the United
-4-
or religious exercise." I have chosen this proviso rather than
the word "voluntary" because I think the latter too imprecise. The
specific degree of voluntariness I have in mind is that any student
who objects should be allowed to remain silent, to remain seated,
and to think irreligious thoughts during the prayer if he so chooses.
This was all the Supreme Court required in the flag-salute cases,
and this ought to be enough constitutional protection from the
effects, if any, of prayer. The Court might decide that a prayer
is not "voluntary" if students are compelled by circumstances to
listen to it, or that "voluntariness" is breached by a requirement
that a student act affirmatively to exclude his own participation.
Even the language I propose does not absolutely preclude these
interpretations, but it is clearer than "voluntary," and it is less
cumbersome than spelling out in the Constitution what I've said
in the above paragraph. The legislative history --- the President's
statement about the amendment, the Judiciary Committee reports,
and so forth --- should make it absolutely clear that the proviso
is satisfied so long as students are not forced over their
objection to participate in worship. (Also it should be made
clear that nobody is "required to participate in a religious
exercise" when his tax dollars are used to support institutions
where prayers take place. This is the usual rule on taxpayers'
rights, so there's no need to have language in the amendment
itself to this effect; but we should foreclose the possibility
that the ACLU and the courts will vitiate the amendment, and a
statement in a report accompanying the amendment will serve this
purpose.)
(6) We should, of course, include a time limit for ratification.
-5-
it's much more elegant to put the time limit in the resolving
clause rather than in the text of the amendmentitself, where it
will clutter up the Constitution after it's lost its usefulness.
Despite arguments to the contrary made by proponents of the
ERA extension, a time limit in the resolving clause is just as
binding as a time limit in the text.
I'll try to submit a longer memorandum as. soon as I can.
I'll be available to answer any questions you may have at any
time.
SOUTHERN BAPTIST CONVENTION
OFFICE OF THE PRESIDENT
FIRST SAPTIST CHURCH
JAMES T. DRAPER, JR.
P.O. Box 400
EULESS, TEXAS 76039
July 8, 1983
President Ronald Reagan
THE WHITE HOUSE
Washington, DC
Dear Mr. President:
I regret that I could not meet with you, but am
required to be at another meeting in the Midwest.
I was privileged to meet with a group of Christian
leaders today at the invitation of the Freedom
Council. Your invitation came during our meeting
this afternoon.
I strongly believe in the right of voluntary prayer
in the public schools. I have traveled over 130,000
miles this past year. I have concluded that the
overwhelming majority of our 14 million Southern
Baptists favor voluntary prayer in the public
schools. We are a theistic country. The Supreme
Court has clearly ruled that such acknowledgment
of our theistic faith in the public sector is our
right by law. Voluntary prayer guarantees the same
right to our children.
I have had some concerns regarding the proposed
prayer amendment. I believe it must include clear
langauge, disallowing any authority of the state
to prescribe the content of such prayer. I urgently
request that distinct language be employed by the
proposed amendment to make this absolutely clear.
If such changes are made, I would strongly support
it.
May God bless you today and every day. You are
constantly in our prayers.
In His love,
James T. Draper, Diaper, Jr. Jr.
JTD/mn
United States Holocaust Memorial Council
Office of the
file school Prayer
Director
July 13, 1983
The Honorable Morton Blackwe11
Special Assistant to the President
The White House
Washington, D.C. 20500
Dear Morton:
Thank you for inviting me to the meeting at the White House
yesterday. It was an honor and a pleasure to attend. I am sorry
that the Hatch Act prevents me from doing more. But what can I
do? Any suggestions?
I am enclosing a little piece which was published before I
came to Washington. Therefore, I think it is "kosher" to use it,
if you think you can.
With every good wish, I am
Very truly yours,
Seymour Leynuen Siegel
Executive Director
Enclosure
Suite 832, 425 13th Street, NW Washington, DC 20004
202-724-0779
Jewish Spectator
Fall 1982
SCHOOL PRAYERS
YES!
By SEYMOUR SIEGEL
THE HUMAN being is the only creature who
Divine assistance and blessings. Whatever the
prays. In prayer, we acknowledge our dependence
meaning of the First Amendment which prohibits
on a Power greater than our own. We perfect our
the establishment of a state religion, it certainly
character; establish a relationship between heaven
did not mean the separation of religion from pub-
and earth. It is prayer that makes us human. In
lic institutions and functions. If we are endowed
the words of a great teacher of modern Judaism:
by our Creator with certain inalienable rights, we
"Prayer may not save us. It can make us worthy
are bidden to acknowledge our Creator in the pur-
to be saved." From a religious point of view it
suit of deepening our understanding and practice
is inconceivable that education be considered com-
of these rights.
plete without being taught how to pray. A man
may master all of science, literature, and history,
It is frequently argued that religion is a private
if he does not know how to establish a dialogue
matter which should be limited in its expression in
with God, if he has not learned how to revere life
homes, churches and synagogues. Those who
and life's Creator-he has not fully developed his
argue this way do not, I suggest, properly under-
humanity. An educational institution which ne-
stand the basis of our Judeo-Christian religious
glects training in prayer has overlooked an indis-
tradition. Religion is not a Privatsache, reserved
pensable aspect of human growth and development.
for sacred space. Biblical religion, if anything,
It is because of this, that as far as I know, no edu-
demands to be acknowledged in all aspects of life;
cational system until relatively recent times did not
When thou sittest in thy house, when thau walkest
include religious worship as part of its activities
by the way, when thou sittest down and when thou
and curriculum.
risest up. A religion which is limited by the walls
of houses of worship or in the seclusion of one's
In the United States most public events begin
own home is less than a religion. Where else but
with prayer. The Senate and the House of Repre-
in the places where the character of the next gen-
sentatives began their deliberations this morning
eration is formed; where the laws that govern the
with prayer. Inaugurations, sessions of the Su-
land are crafted; and where the decisions which
preme Court, thanksgiving declarations, all invoke
decide the fate of nations are made should the fact
God's presence and ask for His guidance. President
that we are a nation "under God" be concretely
Reagan, in calling for the passage of the proposed
acknowledged?
amendment quoted the words of Benjamin Frank-
lin to the Constitutional Convention:
THERE has been a long tradition of including
I beg leave to move-that henceforth prayers im-
some form of public prayer in the public schools
ploring the assistance of Heaven, and its blessings
ever since their inception. The most striking evi-
on our deliberations, be held in this Assembly
dence of this is the fact that the Massachusetts
every morning before we proceed to business.
Board of Education, headed by Horace Mann, re-
It hardly seems logical that the very convention
moved sectarian instruction from the schools, but
that was responsible for the Constitution would
prescribed a program of "daily Bible readings, de-
votional exercises and the constant inculcation of
have viewed with favor the elimination of prayer
from public schools when it ordained that its own
the precepts of morality." Thus the very founder
sessions commence each day with a request for
of the American public school system favored the
inclusion of religious devotions into the curriculum
of the institutions. For 170 years after the adop-
Rabbi Siegel is Professor of Ethics and Theology at the Jew-
tion of the First Amendment, prayer was permit-
ish Theological Seminary of America. This "Testimony" was
ted in the public schools.
given by him at a Hearing of the Senate Judiciary Committee
on July 29, 1982. Rabbi Siegel's is a minority opinion in the
Jewish community. While we do not support the "Political
In our own epoch, when we have given over to
Right" with which Rabbi Siegel is associated, we share the
the public schools many functions that were once
view that non-denominational acknowledgment of "our de-
pendence on a Power greater than our own" belongs in
the province of home and other institutions, we
American classrooms.
cannot in good conscience see the schools as places
Fall 1982
53
only for the imparting of information. Schools,
carry on the great ideas and structures of the
where most children spend a good part of their
American civilization. It cannot, at its peril and
day, are crucial in the formation of character as
ours, neglect to articulate and promote "our su-
well as the inculcation of ideals, world views and
preme principle." I believe that the decisions of
moral values. There can be no education without
the Supreme Court barring religious expression has
the imparting of a more basic outlook on the na-
weakened our public schools as well as our cul-
ture of things. If any positive expression of reli-
ture. We have, therefore, no recourse except the
gion is banned from the schools on the grounds of
amendment before us.
First Amendment guarantees, the public schools
To summarize therefore, we believe that there
will become (as they already have become in
can be no true education without religious nurture.
many parts of our nation) proponents of a secular
The American political system acknowledges the
point of view. Just as nature abhors a vacuum, so
the human soul cannot remain empty of spiritual
importance of prayer in providing for it in our
values. If it is not nurtured by our traditional reli-
great national events. The education of children
gious teachings, substitute faiths, formal and in-
must include religious expression. This was ac-
formal, will rush in. When people stop believing
knowledged from the very beginnings of our his-
in something, observed G. K. Chesterton, it is not
tory. The First Amendment bars the establishment
that they believe in nothing. It means that they be-
of one particular religion, not the elimination from
public expression of religion. We need a consti-
lieve in anything.
tutional amendment to make possible the religious
More and more American parents are being
freedom available to the American people before
convinced that public schools which are given the
the ill-advised decisions of the Supreme Court
task of driver education, sex education, and family
which prohibited voluntary prayer in the public
education should also be concerned with the skill
schools. Therefore, the current proposed amend-
indispensable to human growth: the art of prayer.
ment should be supported.
I am convinced by those constitutional scholars
What I have said is the view of many Jewish
who affirm that the intention of the First Amend-
citizens. However, it would be.. misleading (and
ment to the Constitution was to forbid the estab-
you will hear from others very soon) to deny that
lishment of one religion over the other. It did not
the majority of Jewish organizations oppose this
intend to remove religion altogether from our
Amendment. I believe these views to be misguided.
public life.
They are based on the view that Jews, a small mi-
nority of the American people, will be coerced into
Those of us who wish to make possible the re-
participating in religious exercises in the frame-
introduction of religious devotions in public
work of religious traditions they do not accept.
schools, if desired by the parents, realize that no
Though there is some merit in this apprehension,
great civilization can flourish unless it is built
I believe it is not enough to oppose the intent of
around a central idea-a core affirmation about
the framers of this Amendment.
life and the universe.
First of all, the proposed Amendment expressly
Martin Buber, perhaps the greatest Jewish
eschews coercion of anyone to pray. If Jewish
thinker of our century, has written:
parents or atheist or Catholic parents do not wish
to permit their children to join in school prayers,
To recognize the nature of what we call a great
they are protected under this Amendment.
civilization, we must consider the great historical
civilizations. We shall see that each of them can
Secondly, the courts have decided to protect
be understood only as a life-system. In distinction
those students whose religious convictions make it
to a thought system, which illuminates and eluci-
dates the spheres of being from a central idea, a
impossible to recite the Pledge of Allegiance. We
life-system is the real unit in which again and
should and do respect such rights of conscience.
again the spheres of existence of a historical group
We do not on that basis prohibit the recitation of
build up around a supreme principle. Its funda-
the Pledge of Allegiance. We would hope that
mental character is always a religious and norma-
school boards around the country should be en-
tive one; because it always implies an attachment
of human life to the absolute. (At the Turning,
couraged and assisted in formulating prayers
p. 11)
which could be recited by the vast majority of the
children. These kinds of prayers should be crafted
The public school is the central educational in-
so as to take into consideration the feelings and
stitution of our civilization. It has the awesome
beliefs of Jewish schoolchildren as well as other
responsibility of educating the next generation to
minorities of the population. We should recognize
54
The Jewish Spectator
that the strengthening of the religious sentiment
served the American system and wrote: "Men will
in our culture is of such great importance to all of
more and more realize that there is no meaning in
us that the impossibility of some of us, because of
democracy if there is no meaning in anything, and
reasons of conscience to participate, should not be
there is no meaning in anything if the universe has
used as a reason to deny to the others their oppor-
not a center of significance and an authority that
tunities to exercise their conscience. As the
is the author of our rights. There is truth in every
Supreme Court has stated: "We are a religious
ancient fable, and there is here something of fancy
people whose institutions presuppose a Supreme
that finds the symbol of the Republic in the bird
Being." That, of course, applies to all of us: Prot-
that bore the bolts of Jove. Owls and bats may
estants, Catholics and Jews. We should make
wander where they will in darkness and for them
every attempt to infuse our public institutions with
as for the skeptics, the universe may have no cen-
religious sentiment which is common to our vari-
ter
but it was far back in the land of legends,
ous traditions. If we cannot do so, we must real-
where instincts find their true images, that the cry
ize that solutions will not satisfy everybody, but in
went forth that freedom is an eagle, whose glory is
a democratic society, the great Reinhold Niebuhr
gazing at the sun." What this Amendment at-
pointed out, we try to find provisional solutions to
tempts, is to make possible this continued gazing
insoluble problems.
at the sun by our future citizens as they learn that
which will enable them to carry on the traditions
Forty years ago, a visitor to our country ob-
of American freedom.
DeComini
file schol
PROPOSED CONSTITUTIONAL AMENDMENT RE RELIGION
proyer
Nothing in this Constitution shall be construed to deny or abridge
the free exercise of voluntary religious expression or the right of
any government to facilitate the exercise of religion provided it is
done in a nonpreferential manner and that the government does not adopt
any specific religious doctrine or mode of worship as its own.
EXECUTIVE BOARD
Rev. Robert G. Grant, Ph.D.
Minister
Minister
Christian
LEGISLATIVE OFFICE
Ted Hurlburt
418 C Street N.E., "Carriage House"
Washington, D.C. 20002
Hal Lindsey
(202) 544-5202
Author
Voice
MEMBERSHIP SERVICES
Rev. Jess Moody, D.D.
P.O. Box 7061
Minister
Pasadena, California 91109
(213) 795-5412
Robert Morgan, Esq.
Attorney at Law
ADMINISTRATIVE OFFICE
Rev. Don Sills
P.O. Box 415
Minister
Pacific Grove, California 93950
(408) 375-4772
Paul S. Webb, LL.D.
Media Consultant
CONGRESSIONAL ADVISORS
Hon. John Ashbrook
Hon. Skip Bafalis
Hon. Don Clausen
Hon. James Collins
Mr. Blackwell:
Hon. Philip Crane
Hon. Dan Daniels
Hon. William E. Dannemeyer
Hon. Jack Fields
Hon. John Paul Hammerschmidt
Hon. George Hansen
Hon. Orrin G. Hatch
Hon. James Jeffries
Hon. Thomas Kindness
Hon. Trent Lott
Hon. James McClure
The enclosed was
Hon. Larry McDonald
Hon. Clarence E. Miller
Hon. Sonny Montgomery
Hon. Stan Parris
Hon. Ronald Paul
Hon. Norman D. Shumway
Hon. Albert Lee Smith
Hon. Gerald Solomon
mistakenly left out of the
Hon. Floyd Spence
Hon. Bob Stump
Hon. James H. Quillen
Hon. Guy Vander Jagt
5-12-83
memo from
NATIONAL ADVISORY BOARD
Rev. Ray Allen
Educator
Dr. David Breese
President
Christian Destiny, Inc.
Rev. Fletcher Brothers
Mr. Gary farmin.
Family and Freedom Foundation
Rev. Karl Coke, Ph.D.
Minister
Leroy Corey
lowa Conservative Union
Colonel V. Doner
Businessman
Rev. David DuPlessis
Minister
my apologies,
Doris Enderie
Pro-Family Coalition
Raymond Gauer, Esq.
Citizens For Decency Through Law
Hon. James E. Johnson
Former Under Sec'y of the Navy
Rev. Ron Marr
The Christian Inquirer
Melanio Hoy
Brigadier General H. M. Monroe
U.S. Army, Ret.
Mrs. Sheila A. Olsen
Public Relations
Sandra Ostby
American Christian Cause
John Reinholt
Businessman
L. Philip Sheldon
Ex. Dir. MACPAC
Rev. Louis P. Sheldon
Minister
Rudy Vallee
Entertainer
Rev. Don Wildmon
National Federation For Decency
Richard Wright
Businessman
Rev. Richard Zone
Minister
LEGISLATIVE DIRECTOR
Gary Jarmin
Prayer
file
CECIL TODD
AARON PATRICK
evangelist
sings his message
His message? Let prayers
come back into schools
Evangelist Cecil Todd is bringing his
concert will be free to the public.
"America for Jesus" crusade to the
Todd will bring with him the world's
LaPorte Assembly of God Church, 1601
longest prayer petition which he plans
I St., Sunday at 10:45 a.m., and extends
to send to members of Congress asking
an invitation to the public.
them to return prayer to the public
schools.
The nationwide crusade, launched by
the Revival Fires Ministry from Joplin,
Todd is at the halfway mark of his
Missouri, of which Todd is founder and
desired goal of 100,000 signatures.
president, is enlisting the people's sup-
Everyone in attendance Sunday will
port to put prayer back into the public
have an opportunity to sign the petition.
schools.
"I don't want to force anyone to pray,
but I do want the kids and teachers in
Appearing with Todd will be Aaron
our public schools to have the privilege
Patrick, an Elvis Presley imper-
to pray if they so desire," Todd said.
sonator, who has dedicated his talents
"It is time for Christians who favor
1
to serving Christ through music.
the return of prayer to come out of their
Patrick will be performing Presley
seats, onto their feet, and into the
songs with a Christian emphasis. The
streets for our God and our country."
CECIL TODD
AARON PATRICK
evangelist
sings his message
His message? Let prayers
come back into schools
Evangelist Cecil Todd is bringing his
concert will be free to the public.
"America for Jesus" crusade to the
Todd will bring with him the world's
LaPorte Assembly of God Church, 1601
longest prayer petition which he plans
I St., Sunday at 10:45 a.m., and extends
to send to members of Congress asking
an invitation to the public.
them to return prayer to the public
schools.
The nationwide crusade, launched by
the Revival Fires Ministry from Joplin,
Todd is at the halfway mark of his
Missouri, of which Todd is founder and
desired goal of 100,000 signatures.
I
Everyone in attendance Sunday will
1
president, is enlisting the people's sup-
port to put prayer back into the public
have an opportunity to sign the petition.
schools.
"I don't want to force anyone to pray,
but- I do want the kids and teachers in
Appearing with Todd will be Aaron
our public schools to have the privilege
Patrick, an Elvis Presley imper-
to pray if they so desire," Todd said.
sonator, who has dedicated his talents
"It is time for Christians who favor
1
to serving Christ through music.
the return of prayer to come out of their
1
Patrick will be performing Presley
seats, onto their feet, and into the
songs with a Christian emphasis. The
streets for our God and our country."
SPEARFISH S.D.
Wednesday, June 15, 1983, Queen City Mail, Page 18
WORLD'S LONGES
PRAYER
PETITION
kumbly baseach long you. the manker
have maited anough It
We the undersigned
The
of the
of the by
PUBLIC SCHER of LIC SCHOOLS
VOLUNTARY COLUNTAR
Prayer Petition
Dr. Cecil Todd, left, displays a petition he will submit to
congress in July asking that prayer be returned to schools.
Dr. Todd has garnered some 75,000 names on the petition
with the number one space reserved for President Reagan,
who has indicated he will sign it. The petition covers the
length of three football fields. Pictured with Dr. Todd is
Pastor Gordon Hoefer of Calvary Temple.
1,000-foot petition on tour
By BEVERLEY LINDBURG
The third name on the petition is that of William J. Mur-
Dispatch Writer
ray, Todd pointed out, "the person whose name appeared
Like a mother-to-be, Cecil Todd has carried his 1,000-foot-
on the suit" that resulted in the U.S. Supreme Court's 1963
long petition supporting voluntary prayer in public schools
ban on classroom prayer.
around the country for the past nine months.
Murray's mother, Madalyn Murray O'Hair, actually filed
And like a father, he has great hope for his offspring.
the suit against the Baltimore School District on behalf of
He hopes it will influence members of the U.S. House and
her son, that ended in the justices ruling 8-1 that reading the
Senate to vote in favor of restoring voluntary prayer in
Bible and recitation of the Lord's Prayer in classrooms,
public schools.
under direction of the local school board, was unconstitu-
tional.
"I feel it is tragic that the freest country in all the world is
TODD SAID HIS petition is a sequel to the 1 million in-
denying this freedom to our young people,". Todd said
dividual petitions he forwarded to President Ronald
Wednesday at a press conference held in the tropical
Reagan a year ago asking for support of allowing prayers in
lushness of the Holidome at the Holiday Inn, Moline.
public schools.
"The courts have been listening to the minorities when
A short time after the petitions were delivered, said Todd,
this a democracy where the majority is supposed to rule,"
Reagan announced his support of classroom prayers.
he said. "George Gallup says that up to 85 percent (of
Americans) want prayer back in schools."
"When I saw the success of that (drive), I realized the
House and Senate needed to be jarred, too," said Todd, and
Todd, director of Revival Fires Ministry, Joplin, Mo.,
he started the present drive.
was in town Wednesday to lead a Faith and Freedom Rally
at the New Life Fellowship, Assembly of God Church,
Todd said the petition drive "is built around" his
Moline, and to gather more names for his petition.
"America for Jesus Crusade," which will eventually target
TODD SAID HE has visited 25 states and collected 70,000
other issues like abortion and euthanasia.
signatures since launching the petition drive nine months
"I feel like America has experienced a spiritual and
ago. He hopes to have 100,000 names affixed to the hefty
moral breakdown," he said.
rolled document when he presents it to legislators in
Todd said he and his wife Linda have also handed out
Washington July 1.
-Dispatch photo by Fred Marzolph
Bibles during their signature-procuring tour. He estimated
The Rev. Rick McGough, right, pastor of New Life Fellowship, Assembly of
they have "given away a half-million Bibles to kids."
The Rev. Rick McGough, pastor of New Life Fellowship,
God Church, Moline, signs a 1,000-foot petition calling for legislation that would
said 294 persons packed the church Wednesday night and
"I believe a Bible in their hands and a prayer on their lips
allow voluntary prayer in public schools. At left are Linda and Cecil Todd of
about 200 signed the petition. "You have to be of voting
will be two of the things that will turn around the schools,"
Joplin, Mo.
age," he said.
he said.
The aisles were filled Sunday morning at LaPorte's Assembly of God
children following the President's proclamation making 1983 "The Year of
Church, 1601 I St., as evangelist Cecil Todd called for a return to allow
the Bible. "He has given away over 500,000 Bibles since the crusade began.
prayers in public schools.
"This country was born on its knees with a Bible in its hand," he said,
The 2½ hour revival also included songs by born again Elvis Presley im-
"America needs to pray."
personator Aaron Patrick. Patrick, who has dedicated his life to Christ, of-
Prayer petitions were already delivered by Todd to President Reagan
fered personal testimony about his new found faith.
three weeks before the President announced his support for an amendment
Todd said if the members of Congress represented the people like they are
to the Constitution which would allow prayer in the classroom.
vangelist urges Congress
supposed to, students would be allowed to pray in school by September. Ac-
Sunday's revival was part of Todd's "America for Jesus" crusade, which
cording to a Gallup poll 85 percent of Americans want prayer returned to the
has already reached 35 different states and 55 different nations. The crusade
classroom, he said.
left LaPorte Sunday afternoon on its way to Lafayette, Ind., and from there
allow prayer in school
"I just believe that school kids should have the privilege to start their day
it will go to Dallas, Tex.
the same way the House and Senate does, with a prayer," Todd said. "This is
"If we seem a little bit tuckered out it's because we are. We rode straight
the greatest country in the world. It's worth fighting for and it's worth pray-
from North Dakota like the Lord was riding with us and the devil was after
ing for."
us," Todd joked.
Church members and visitors signed Todd's petition to Congress asking
Todd is the president and founder of Revival Fires Ministry, in Joplin,
for the return of prayer in public schools.
Missouri, and holds a doctorate degree in Divinity. He is a member of the
Todd plans to deliver the petition, with 100,000 signatures, sometime in Ju-
National Religious Broadcasters and chairman of the National Clean Up TV
ly. He said 20,000 more names were needed to reach the goal.
crusade. He has been the only speaker on the Revival Fires television pro-
The evangelist from Missouri is also handing out Bibles free to school
gram since it started 18 years ago.
Second front page
Monday, June 20, 1983
11
LAPORTE HERALD-ARGUS
I
97TH CONGRESS
2D SESSION
H. J. RES. 493
Proposing an amendment to the Constitution of the United States.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 1982
Mr. KINDNESS (for himself, Mr. LOTT, and Mr. BEARD) introduced the following
joint resolution; which was referred to the Committee on the Judiciary
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States.
1
Resolved by the Senate and House of Representatives
2 of the United States of America in Congress assembled
3 (two-thirds of each House concurring therein), That the fol-
4 lowing article is hereby proposed as an amendment to the
5 Constitution of the United States, which shall be valid to all
6 intents and purposes as part of the Constitution if ratified by
7 the legislatures of three-fourths of the several States within
8 seven years from the date of its submission to the States by
9 the Congress:
2
1
"ARTICLE —
2
"Nothing in this Constitution shall be construed to pro-
3 hibit individual or group prayer in public schools or other
4 public institutions. No person shall be required by the United
5 States or by any State to participate in prayer.".
HJ 493 IH
NASHVILLE (Bapt'st Sunday School Board) Llovd T Householder 'niel 127 Ninth Ave N Nas'
RICHMOND (Foreign) Robert L Star ey. Chel. 3806 Monument Ave Richmond. Va 23230 Telen
WASHINGTON Stan L Hastey. Chief 200 Maryland Ave.. NE Washington DC 20002 Telephone
Ogenor
0151
June 28, 1983
83-95
New Trustee Opposes BJCPA
On School Prayer Amendment
By Larry Chesser
WASHINGTON (BP)-In opposition to testimony presented by the Baptist Joint Committee on
Public Affairs, a newly-elected Southern Baptist Convention representative to that agency has
urged a Senate panel to pass President Reagan's proposed school prayer amendment.
In a letter to Senate Judiciary Committee chairman Strom Thurmond, R-S.C., North Carolina
attorney Samuel T. Currin cited a 1982 SBC resolution supporting the Reagan prayer amendment as
clear evidence "that Baptists favor a restoration of voluntary prayer to the public schools."
Thurmond's committee is considering two proposed constitutional amendments approved early
in June by the Subcommittee on the Constitution. The Reagan proposal, S.J. Res 73, would allow
state-written oral prayer in public schools. A substitute supported by Sen. Orrin G. Hatch,
R-Utah, and other members of the subcommittee would permit "individual or group silent prayer
and meditation" and provide "equal access to the use of public schools by all voluntary student
groups."
Thurmond entered the Currin letter and a copy of the 1982 SBC resolution into the record
after hearing testimony from BJCPA General Counsel John W. Baker urging the panel to reject
both proposals.
Currin's letter quoted the 1982 resolution's erroneous declaration the Reagan amendment
"does not constitute a call for government-written or government-mandated prayer." A printed
White House explanation of the amendment's impact said the proposal would empower state and
local officials to compose prayers to be used in public schools.
"If groups of people are to be permitted to pray, someone must have the power to determine
the content of such prayers," the White House document stated.
In his testimony, Baker referred to the recent 1983 SBC resolution adopted in Pittsburgh
which urged Baptists to "express their confidence in the United States Constitution, and
particularly in the First Amendment, as adequate and sufficient guarantees to protect these
freedoms (free exercise and no establishment of religion)."
Told by Baker the 1983 resolution rejected the previous year's position, Thurmond said,
"I wonder just why they sent this letter then."
"Because that's an old resolution which agreed with Mr. Currin's position," Baker
responded. "It's not the position which the Southern Baptist Convention took just two weeks
ago."
Baker further reminded Thurmond, himself a Southern Baptist, "each Southern Baptist
Convention meeting speaks for itself and (the 1982 resolution) was the expression of opinion of
those people there at that time."
Earlier Baker told the committee the BJCPA opposes "any attempt to amend the First
Amendment" and warned "amending the Constitution should be the last resort rather than a first
resort."
"Neither the judicial nor the legislative processes have run their full course on the
issues of a period of silence or equal access," Baker said.
-more-
5/28/83
Page 2
Baptist Press
"If the judicial processes as well as the ordinary legislative processes are allowed to
run their course, the need which some Senators see for a constitutional amendment may well be
removed," he added.
Baker's assessment of the Hatch substitute was underscored by an administration witness
who urged the panel to stay with the Reagan amendment.
Deputy Attorney General Edward Schmults said the silent prayer and equal access issues of
the Hatch amendment have not yet been finally decided by the Supreme Court and a constitutional
amendment to deal with them "seems to be premature."
Schmults suggested legislation might accomplish the same goal as the Hatch substitute, a
riew also pushed by Sen. Mark O. Hatfield, R-Ore., who asked the committee to consider his
equal access legislation rather than either of the constitutional amendments.
Hatfield, also a Southern Baptist, has introduced legislation (S. 815) to provide equal
iccess for high school students to meet voluntarily for religious purposes.
Further action on the proposals is yet to be scheduled but a committee spokesman said it
rill "most probably" occur after the July 4 recess.
-30-
National Association of State Boards of Education
701 N. Fairfax St., Suite 340
Alexandria, VA 22314
(703) 684-4000
JOANNE GOLDSMITH
PRESIDENT
NATIONAL ASSOCIATION OF STATE BOARDS OF EDUCATION
Statement on a Proposed School Prayer Amendment
To the U.S. Constitution
Senate Committee on the Judiciary
June 27, 1983
On October 12-16, 1983
Meet Us In New Orleans To Celebrate NASBE's Silver Anniversary
MARKING 25 YEARS OF SERVICE TO STATE BOARD MEMBERS.
By name is Joanne Coldsmith, I am President of the
National Association of State Boards of Iducation, which
represents education policymaking bodies in nearly all
states, U.S. Trust Territories and the District of Columbia.
I wish to thank you, Mr. Chairman, for the opportunity to
testify today.
I should make it clear at the outset that our association's
general policy on the issue before us is that "it is
inappropriate to allow government to organize, prescribe,
or direct prayer in the public schools." The Constitutional
amendment under consideration clearly would permit public
schools to both organize and prescribe a time of prayer.
It also would allow voluntary student groups to use school
facilities predominantly for religious purposes. We must,
therefore, strongly oppose its adoption.
The issue, it should be remembered, is not whether any
party is for or against religion. Our association deeply
respects all religious faiths and the unquestioned right of
individuals to follow their beliefs, whether in religious
institutions, in their homes, or in their own private
moments anywhere.
Nor is the question whether the prayer or meditation
that would be permissible under the proposed amendment
is spoken or silent. We appreciate the attempt to avoid
a common argument in school prayer disputes: that spoken
prayer by students of a majority religion would exert undue
pressure on other students of minority faiths. But the
language in Section 1 of the proposed amendment, we believe,
-2-
still violates the overriding issue at stake: that
government shall not organize or prescribe a time for
prayer in the public schools.
We need scarcely say that any individual student,
whether somewhere in a school facility or on a park bench
or elsewhere, may choose to engage in private, silent
prayer. Our objection is to government organization and
prescription of the moment.
We also oppose Section 2 of the proposed amendment to
the Constitution. In this instance, our most fundamental
objection is that it is unnecesary, and that it is unwise
to clutter the Constitution with amendments on matters
which are already being resolved satisfactorily by the
courts.
There are circumstances, the lower courts have found,
in which students who wish to meet in school facilities
for religious discussion may do so. Last May, for example,
the U.S. District Court for the Middle District of Pennsylvania
held, in Bender V. Williamsport Area School District, that
2. "wholly student-initiated prayer club may meet during the
activity period" established by the school.
The leading decision by the U.S. Supreme Court in this
area, of course, is Widmar V. Vincent, a 1981 ruling in
which the High Court held that a public university, the
University of Missouri, improperly denied a student
-3-
religious group the use of school facilities.
The test in these and other cases is chiefly whether
the school involved has established a true "open forum"
by permitting a wide variety of groups to use facilities
for extracurricular activities. In both these cases, the
courts found that the schools had indeed done so, and
that to deny use to a religous group was therefore
discriminatory, especially since the benefit enjoyed by
a religious group in such circumstances would be merely
"incidental," as the Supreme Court stated in widmar.
The courts have made it clear, in other words, that
voluntary, student-initiated prayer groups using school
facilities become suspect when such use is not incidental
but dominant. Indeed, so far as we are aware, in every
case in which the courts have rejected so-called neutral
extracurricular use policy, they have done so because
they found that they were adopted for the purpose, and had
the effect, of advancing sectarian ends. We believe that
this is a proper test, and one which has permitted use
of school facilities by religious groups under appropriate
circumstances.
The courts also have established other measures of
appropriateness in this area: the age and impressionability
of the students, the presence or absence of school personnel.
the voluntary or involuntary nature of the religious
activity. But the foremost test is whether such use is
predominantly for religious purposes. We agree with these
- -4-
standards and therefore oppose a policy, reflected in the
proposed amendment, that would allow them to be violated.
I wish to thank you again, Mr. Chairman, for the
opportunity to testify today. I know how sensitive the
school prayer issue is, and I shall be happy to answer
any questions you may have.