Professional Documents
Culture Documents
ISSUES 2005-39-3 Winter
ISSUES 2005-39-3 Winter
Religious Expression
in the Public Square
3 Reflections
Brian L. Friedrich, President
3 Editorials
7 The Left and Right Hands of God: Getting a Grip on the Public Square
Russ Moulds
30 Book Reviews
Editorial Committee
Editorials Russ Moulds, Ph.D.
Book Reviews Rebecca Fisher, Ph.D.
Associate Daniel Thurber, A.D.
Associate Brian L. Friedrich, M.Div., Ph.D.
Graphic Design William R. Wolfram, M.F.A.
editorials Several years ago a local Lutheran parish was in an uproar. A well-
intentioned group suggested to the worship board that the flag of
the United States of America and the Christian flag be moved from
the front to the rear of the nave. It made good liturgical sense
Religious Expression in the to do so, they thought. However, after the flags were moved, a
Public Square hubbub ensued. The congregation’s many veterans were outraged.
There is no the public square. There are, how- Who dare move the flags? We are a nation “under God,” they said.
ever, at least two types of public squares. The one To them the flags were a reminder of lives sacrificed and limbs lost
is formally established, which means that it is at to preserve our country’s freedom to worship God without prohi-
least implicitly tax-supported by citizens of all
stripes and creeds. The other is informal, and bition or interference.
refers to public spaces and times in which law Cooler heads prevailed. The flags were returned to the front
and tax-support are not involved. of the nave. This was a matter of adiaphora, not doctrine, and the
Most battles over religion in the public square
deal with the first sort. The major institutions uproar subsided. Though minor in comparison to other debates on
involved are public schools, from kindergarten religious expression in the public square, the congregation’s imme-
through post-doctoral; the courts and court- diate polarity on the location of the flag of our country in its wor-
house walls and lawns; and bits and pieces of
artifacts that represent public transactions, such ship space is an example of the passion aroused over matters of the
as coins and bills and postage stamps. relationship between church and state. It is not a neutral matter!
Most public space is of the second sort. The This edition of Issues serves as a discussion starter and mind
lawn in front of my house and thousands of expander on some weighty issues challenging Christians as we seek
other lawns are part of the public square. I can
put crèches and Ten Commandment sculp- to live out our lives in the now but not yet of the Kingdom of God.
tures, menorahs and posters in such places, To that end, Dr. Martin Marty reminds us that Americans have
limited only by zoning laws about all kinds of favored a “‘messy’ arrangement” that often fails to draw hard lines
displays, religion not excepted but not singled
out. Similarly, the worlds of entertainment and between what belongs to Caesar and what belongs to God. Dr.
advertising, malls and halls, the most noisy, Russell Moulds helps to clarify “the two kingdoms” through which
blatant, and obvious instrumentalities for reach- Lutherans understand appropriately the role of the church and the
ing publics, ordinarily can be seen as “private”
engagements with “public” space. No one except role of civil authority and then provides some helpful “implications
some customers would protest if Budweiser in its to keep in mind when thinking about God’s ‘left hand’ and ‘right
Christmas commercials said “Christ is Born!” hand’ in the public square.” Dr. David Lumpp provides a histori-
Budweiser does not do that, because it does not cal overview of the role The Lutheran Church–Missouri Synod
and its members have played and continue to play in the public
Layout, design and graphics by CONCORDesign
of Concordia University, Seward, Nebraska. square. Finally, Mr. Tim Butz surprises us (perhaps) as he describes
numerous ways in which the American Civil Liberties Union has set
TYPEFACES USED IN THIS PERIODICAL about to preserve and defend religious liberty in the United States.
Titles set in 22 point Mrs. Eaves Roman (Imigree
of Sacramento). Tracking normal. As each of us continues to “render unto Caesar what is Caesar’s
Subheads set in 13/13 point Mrs. Eaves bold. and unto God what is God’s,” may the public square be where we
By-lines and author information set in 13/13 faithfully and constantly proclaim and live out the Good News of
point Mrs. Eaves small caps.
Footers and folios set in 11 point Mrs. Eaves. the Gospel of Jesus Christ, the Savior and Lord of all.
Feature articles set in 11/13 point Mrs. Eaves.
Three column text set in 9/10 point Mrs. Eaves. Brian Friedrich, President
editorials Several years ago a local Lutheran parish was in an uproar. A well-
intentioned group suggested to the worship board that the flag of
the United States of America and the Christian flag be moved from
the front to the rear of the nave. It made good liturgical sense
Religious Expression in the to do so, they thought. However, after the flags were moved, a
Public Square hubbub ensued. The congregation’s many veterans were outraged.
There is no the public square. There are, how- Who dare move the flags? We are a nation “under God,” they said.
ever, at least two types of public squares. The one To them the flags were a reminder of lives sacrificed and limbs lost
is formally established, which means that it is at to preserve our country’s freedom to worship God without prohi-
least implicitly tax-supported by citizens of all
stripes and creeds. The other is informal, and bition or interference.
refers to public spaces and times in which law Cooler heads prevailed. The flags were returned to the front
and tax-support are not involved. of the nave. This was a matter of adiaphora, not doctrine, and the
Most battles over religion in the public square
deal with the first sort. The major institutions uproar subsided. Though minor in comparison to other debates on
involved are public schools, from kindergarten religious expression in the public square, the congregation’s imme-
through post-doctoral; the courts and court- diate polarity on the location of the flag of our country in its wor-
house walls and lawns; and bits and pieces of
artifacts that represent public transactions, such ship space is an example of the passion aroused over matters of the
as coins and bills and postage stamps. relationship between church and state. It is not a neutral matter!
Most public space is of the second sort. The This edition of Issues serves as a discussion starter and mind
lawn in front of my house and thousands of expander on some weighty issues challenging Christians as we seek
other lawns are part of the public square. I can
put crèches and Ten Commandment sculp- to live out our lives in the now but not yet of the Kingdom of God.
tures, menorahs and posters in such places, To that end, Dr. Martin Marty reminds us that Americans have
limited only by zoning laws about all kinds of favored a “‘messy’ arrangement” that often fails to draw hard lines
displays, religion not excepted but not singled
out. Similarly, the worlds of entertainment and between what belongs to Caesar and what belongs to God. Dr.
advertising, malls and halls, the most noisy, Russell Moulds helps to clarify “the two kingdoms” through which
blatant, and obvious instrumentalities for reach- Lutherans understand appropriately the role of the church and the
ing publics, ordinarily can be seen as “private”
engagements with “public” space. No one except role of civil authority and then provides some helpful “implications
some customers would protest if Budweiser in its to keep in mind when thinking about God’s ‘left hand’ and ‘right
Christmas commercials said “Christ is Born!” hand’ in the public square.” Dr. David Lumpp provides a histori-
Budweiser does not do that, because it does not cal overview of the role The Lutheran Church–Missouri Synod
and its members have played and continue to play in the public
Layout, design and graphics by CONCORDesign
of Concordia University, Seward, Nebraska. square. Finally, Mr. Tim Butz surprises us (perhaps) as he describes
numerous ways in which the American Civil Liberties Union has set
TYPEFACES USED IN THIS PERIODICAL about to preserve and defend religious liberty in the United States.
Titles set in 22 point Mrs. Eaves Roman (Imigree
of Sacramento). Tracking normal. As each of us continues to “render unto Caesar what is Caesar’s
Subheads set in 13/13 point Mrs. Eaves bold. and unto God what is God’s,” may the public square be where we
By-lines and author information set in 13/13 faithfully and constantly proclaim and live out the Good News of
point Mrs. Eaves small caps.
Footers and folios set in 11 point Mrs. Eaves. the Gospel of Jesus Christ, the Savior and Lord of all.
Feature articles set in 11/13 point Mrs. Eaves.
Three column text set in 9/10 point Mrs. Eaves. Brian Friedrich, President
want to alienate any potential customers or public square has to do with drawing the line tion to liberal, Social Gospel tendencies in
shareholders. It knows something about the in schools between educating and worship, Protestantism during the late 1800s and early
taste, diversity, and interests of the “publics” or in school concerts between performance 1900s which focused the church’s message on
that make up the public, something that agi- and worship. Anything the government does the “left hand” kingdom. The Missouri Synod
tators for such signage in public schools and to put its potentially lethal power behind any spoke more openly on political matters in the
public buildings try to obscure. imposition that this or that God, Our God, is 1960s and early 1970s, but later limited its
On one level, it is easy to keep the two the only one, and that the Truth of this God concern to “family-values” issues.
spheres within the squares distinct, and to has to be taught as the truth about life for all, As we address the question of church
demarcate where religious symbols, prayers, strikes me as counterproductive and in the end involvement in the public square, it is vital
and events are in place and where they are a sign of a lack of faith in the power, in our to emphasize that the kingdom of God’s left
not. In real life, however, it is hard to draw case, of the Gospel, freely proclaimed. hand is God’s kingdom. Scripture reveals the
the lines. For the most part, Americans have So I want to see teaching about religion—not intensity of God’s desire for a society reflect-
favored what I call a “messy” arrangement. We a happy phrase but a useful idea—taught in ing justice and compassion. As God’s people,
do not ordinarily protest if a new religious public schools. I welcome teaching about bib- the church ought to take a strong interest in
congregation rents unused space in a public lical teaching, though one risks bad teaching politics and economics.
school for Sunday worship, although as and must allow for teaching about other reli- God provides a clear vision for a healthy
Americans get ever more uptight and mistrust- gions. How can we be informed world citizens society, and it indeed makes a “preferential
ful, some have begun to dissent. Most of us without knowing about why and how people option for the poor.” Old Testament laws
do not wake up in the morning disturbed that are religious if our schools are dumb, silent, stipulate that landowners reserve portions of
“In God We Trust” is on our coins, and most about the subject? As for performance, I love their harvests for the “widows, orphans, and
of us would get interested if there were formal to go to public high school madrigal concerts foreigners” (i.e., the poor and marginalized
moves to remove the words. The vast majority which include Christian classics from Mozart folks). Israelites were to forgive debts peri-
of citizens do not protest tax-exemption on and Bach and contemporaries, and not leave odically and to return lands to their original
church property, and a candidate for Congress it all to “Rudolf the red-nosed reindeer.” We owners every fifty years. The Psalms identify
threatening to remove such exemption would have to teach publics that such presentations God as one “who executes justice for the
stand no chance of being elected. are performances, not acts of worship—though oppressed; who gives food to the hungry”
Why are we so jumpy about some public anyone is free to convert the performance to (146:7). The commendable political leader
expressions, such as the words “under God” worship in their own minds. has compassion on the needy, defends them,
inserted into the Pledge of Allegiance to the What we need is more patience with each and delivers them from oppression (Psalm
flag, compulsorily recited in schools? Why other, more faith in faith freely expressed, 72, Jeremiah 22:16). The writer of Proverbs
are both sides so angry about the intrusion more awareness of the sensibilities of religious urges God’s people to “Speak out for those
of sculpted Ten Commandments in courts? minorities, and less political distorting from who cannot speak, for the rights of all the
For some, the presence of these words and all sides of something so noble and precious destitute. Speak out, judge righteously, defend
symbols assure that the once-dominant and as faith. the rights of the poor and needy.”
still-favored religion be officially recognized God is a passionate partisan of the poor and
as the one true civil faith. For others, the same Dr. Martin E. Marty oppressed. God deeply cares about the welfare
presence says, “We belong and you don’t.” Fairfax M. Cone Distinguished Service of all people during their sojourn on earth.
The issue is especially sensitive for children Professor Emeritus Presbyterian leader George Chauncey states,
of parents who are not part of the major- University of Chicago “ . . . God judges nations by the standard of
ity “Jewish” and “Christian” lineage. What justice. The divine standard is not the size of
does it say to the Hindu child to read the a nation’s gross national product, the beauty
First Commandment, which is against their of its places of worship, or the frequency of
god(s), or the Buddhist, who is religious in The Church in its prayer breakfasts. The divine standard is
a religion-without-God?
As one who “is religious,” whatever that
the Public Square justice—which first and foremost means how
a nation deals with the weak, the needy, and
means—it’s not a very good Lutheran phrase!— “God makes a preferential option for the poor.” the vulnerable.” The critical question for a
and who celebrates the Holy Trinity and the That phrase, commonly used in some Roman society is, according to Chauncey, “What is
name of “the human Jesus who is the exalted Catholic circles, has troubled my students happening to the poor?”
Lord,” I am in the company of those who upon first hearing. They perceive it to say that Our affluent nation has had persistently
welcome it when artists in museums express God loves poor people more than the wealthy. high poverty rates—over 12 percent of all
their Christian faith, when musicians play and For those of us who utilize a two-kingdoms families in 2003, and over 28 percent of
sing great Christian music. And I am emphatic understanding of God’s work in the world, female-headed households. Over 36 million
about the understanding that legally privileged a “preferential option for the poor” is not United States citizens experience hunger or
and imposed forms of religion hurt religion. appropriate for God’s kingdom of the right are at risk of being hungry. Worldwide over
They make faith an instrument of national hand—God’s grace and forgiveness. However, 800 million people are undernourished. The
expression and citizen exclusion. as God’s people examine their life in the king- World Bank estimates that about one in five
No, there is no reason to insist that the dom of the left hand, the kingdom of power, a people on our planet lives on less than a dollar
Supreme Court cannot open sessions with- “preferential option for the poor” is indeed a a day. In 2000 every fourteen seconds one
out a historic shout that God should save the sound attitude for analysis and action. child became an orphan due to aids. God’s
Court. Military chaplains and people in kin Traditionally, The Lutheran Church– people, as individuals and as a group, cannot
professions draw tax funds, but there are ways Missouri Synod has been reluctant to involve be indifferent to these and other harsh reali-
to justify this. itself in matters of God’s kingdom of the ties in today’s world. Instead, God calls us to
ISSUES
Where I put energies into what we might left hand—matters of public policy. Part of respond and to act, addressing political and
4 call the positive expression of religion in the that hesitancy was an understandable reac- economic issues in the public square.
with legalism. The church type, on the other there is with them no longer a clear distinction
hand, relied on the upper classes and inclined between church and world. This danger must be Dr. Eric J. Moeller
toward worldliness. avoided as lethal to the Christian faith. On the Assistant Professor
The nature of the church’s relationship other hand, some are tempted to retreat into Pastoral Ministry and Missions
with society and the social character of the a rarefied world of liturgy and the theological Concordia Theological Seminary, Fort Wayne 5
ISSUES
serve this social order and repel any forces tics which these churches had helped engen-
that threaten it. If, instead, we determine that der gained cultural ascendancy. Churches that
sion of the right-hand kingdom of the Gospel can help us get a grip on the public square.3 To
from the left-hand kingdom of civil order. get at those clarifications, here is what I think
Both Christ’s kingdom and culture’s kingdom is one fairly good synopsis of the two kingdoms
are God’s kingdoms, but they have nothing to doctrine4 that begins not with “two-kingdoms”
do with each other. Yet Christians must live in language but with a book title.
delivers this curious news in his own per- (Gospel) perspective and a left-hand (Law)
10 sonal way in Jesus and continues to circulate grip on the public square.
and mind must be with respect to the laws” and as we consider—or should consider—how these
12 that “he must picture Christ to himself and two Words are at work in them.10
ing and creating intersections of Word and how, and by whom.) David Adams counts four
world, crafting his secular situation where the publics: Christians in relation to persons of
Law presently prevails into a culture where the other religions and no religion; the church in
Gospel can receive a hearing for its eternal relation to public policy; the church in rela-
purposes. The culture was important not for tion to other church bodies; and the church 13
rarily essential for the world, do not assume sample critiques of Lutheran higher educa-
14 transcendence and ultimacy. The Christian tion may provoke further discussion. Though
Dillenberger, John, Martin Luther: selections from his Benne, Robert. The Paradoxical Vision: a public
writings (Doubleday Anchor, 1962). theology for the twenty-first century (Fortress Press,
Essays: 1995).
Heinitz, Kenneth. “Luther’s Two Kingdoms.” Dillenberger, John. Martin Luther: selections from
Lutheran Education Journal, Sept./Oct. 1990. his writings (Doubleday Anchor, 1962). 15
to be established.
The Lutheran Church–Missouri Synod’s
Dr. David A. Lumpp is Professor of insistence on the centrality of the Gospel of
Theology, Concordia University, Jesus Christ—confessionally expressed in the
St. Paul, Minnesota. formula of justification by grace for Christ’s sake 17
of Martin Luther’s insight from his “Treatise As part and consequence of this theo-
on Christian Liberty” of 1520: “A Christian logical maturation, beginning in 1947, the
is a perfectly free lord of all, subject to none. lcms decided actually to study social welfare
A Christian is a perfectly dutiful servant of as a church body and to consider the staffing
all, subject to all.”1 This has been the point needs of such ministries. These corporate 19
tional tasks of the community of faith now work without being equated with the kingdom
20 being secure.9 of God as such.
both criteria have been met, the latter when are not based on the clear teachings of Holy
they have not. Scripture” (emphasis added).
There have been instances where the In fact, many issues have fallen into this
Missouri Synod has taken an unequivocal, third area. The proposed Equal Rights
public, consistent, and very corporate stand.14 Amendment in the 1970s, nuclear arms in the 21
disagreements concerning specific political issues the overtly racial (better, racist) character of
22 necessarily imply theological disagreements.”22 slavery in North America. On other related
ed. August R. Suelflow (St. Louis: Concordia Publishing quoted in Render Unto Caesar, p. 82.
House, 1998), pp. 237–240, 251–258. The extended 25 This is readily conceded by Gude and by the CTCR in
account of this specific work is F. Dean Lueking, A Racism and the Church.
Century of Caring, 1868-1968: The Welfare Ministry Among Missouri 26 For example, the 1997 public relations video commemo-
Synod Lutherans (St. Louis: Board of Social Ministry, The rating the 150th anniversary of the founding of the Synod,
Lutheran Church–Missouri Synod, 1968). “Sent Forth by God’s Blessing.” 23
ISSUES
24
Commandment displays from town squares. secure from adverse action by the govern-
ment. Civil liberties problems usually occur
when the government targets someone who
Tim Butz is the Executive Director, lacks power or political support. Those who
ACLU, Nebraska, Lincoln. find themselves in the minorities, be they 25
government from interfering with religious who violated a state law prohibiting the teach-
26 practices. The Establishment Clause prohibits ing of any theory of creation that conflicted with
sages. It also supported the right of a be issued because the House of Faith would
church to place advertisements in a subway have been found to be a church. The Nebraska
system criticizing the secularization of Supreme Court agreed and threw out the
Christmas and promoting Christianity as Commission’s definition of a church as violat-
the “one true religion.” ing the First Amendment.16 27
Virginia, Washington, and Minnesota). Two ognizing the work of the Fraternal Order of
28 such cases from Kentucky were heard by the Eagles in combating juvenile delinquency.
ment tries to silence a preacher, or a second- of Washington, Docket No. C-03-2385L, opinion dated
September 13, 2005.
grader, something is wrong. Two wrongs fail to 23 www.aclu.org/ReligiousLiberty/ReligiousLiberty.
make anything right. And in the end, the aclu cfm?ID=19116&c=139 accessed September 20, 2005.
will continue to look to the Constitution and 24 www.aclu.org/evolution/legal/complaint.pdf and www.
aclu.org/evolution/parents.html accessed September
not the polls to decide when it must act. 9, 2005. 29
book reviews the deeply held beliefs regarding American Tune in on Good Morning, America as, by
values and practices pertaining to freedom, yearly turns, each of the local pastors … well,
democracy, equality, opportunity, toleration, never mind.)
and pluralism. These beliefs are portrayed by Adams does offer some principles that may
patriotic symbols in gatherings where they are help devise responses to such situations, and
publicly revered as sacred because they represent the collected writings recognize that answers
God. God, however, remains undefined in may not be transparent. They recommend
these gatherings, but this god has chosen the both due diligence regarding our involvement
United States to play a special, salutary role in in civil religion and forgiveness for those
human history. with whom we disagree. The role of either
The concern is that this civil religion is forgiveness or forbearance in circumstances of
an idolatry to which Christians and non- adiaphora or about which informed Christians
Christians are highly susceptible, especially in may disagree is itself a matter for further
times of national crisis. Thus 9/11, the other discussion that the book does not examine
touchstone, serves as an emotionally powerful but that readers can.
reference for invoking the god and socially Chapter eight, “The Church in the Public
pragmatic values of our civil religion. To the Square in a Pluralistic Society,” tries an interesting
editors’ credit, the essays rarely refer to the thought experiment by adding a third realm to the
Prayer for America event at Yankee Stadium usual Lutheran two-realm perspective. As a device
and never to David Benke, focusing instead on for assessing participation in activities that may
historical and biblical content. compromise our witness to the Gospel, the author
By way of strengths, the essays examine in proposes “an additional realm that is at the same time
several ways what co-editor David Adams calls civil (or civic) and religious.” Events in this domain seek to
Christianity’s scandal of particularity. Civil advance the public good by practicing overt discourse
religion must leave its god unspecified and about god or gods. We Christians, otherwise free
allow today’s polytheistic participants to fill in to participate in activities that are conspicuous
the blank. Christians are seen to commit the either in the right-hand or left-hand realm,
cardinal sin against pluralism by naming Jesus would need to decide whether our involvement
as the way, the truth, and the life. in this civil religious realm would advance or
The Anonymous God: the church To lend perspective to the issues and prob- confuse our witness. This thought experiment is
confronts civil religion lems of civil religion, the book also offers not entirely successful—civil religion is certainly
and American society several historical treatments of such figures as a feature of the left-hand kingdom where God’s
the second century church father, Athenagoras, rule of law prevails and the Gospel does not,
Edited by David L. Adams and Ken Schurb America’s founding fathers, C.F.W. Walther, and is not its own realm—but the notion does
St. Louis: Concordia Publishing House, 2004 and the 20th century work of Martin Marty and prompt further inquiry into the two-kingdom
Sidney Mead. The influences of deism and doctrine.
Real-live Christians need help understanding freemasonry as taproots for America’s “publick Real-live Christians do need additional
the two realms of God’s rule. This book of ten religion” (Benjamin Franklin’s term and goal) assistance and Christian education about the
essays provides some assistance. While consis- are featured along the way. two realms. Perhaps some who read these essays
tent in quality, like many essay collections it As a reader for book groups or classes, The will be motivated to write a sequel that devotes
varies in rigor: some elementary, some reflec- Anonymous God may be most valuable for the one chapter to this volume’s chief insights about
tive and informative, and a few over-long. The questions it prompts but does not address. The civil religion and then examines the two realms
reader unfamiliar with two-kingdom doctrine Afterword, written by Adams, acknowledges of God’s rule not just in terms of church and
will find valuable background and perspectives that despite its idolatry, civil religion does state but in the multifaceted ways that Law
but will be puzzled about some everyday issues serve important functions in a democracy, and Gospel inform the entire vocation of
not addressed. The reader acquainted with such as sustaining religious discourse in the the Christian.
the church-and-state conversations will gain public square. The readings do not explore
some updates about America’s version of civil the ways state Christianity in Europe has Russ Moulds
religion while reviewing familiar territory. degenerated to secularism while, compara- Op-Ed Editor, Issues in Christian Education
As described on the back cover, “the con- tively, the Gospel thrives alongside America’s
tributors reflect on the importance of know- anonymous deity.
ing and worshiping the triune God without More practically for most readers, the book God’s Politics:
confusing Him with the state and its rule of does not consider the Christian pastor’s or
law.” The authors directly or indirectly use layperson’s involvement in our usual intersec-
Why the Right Gets It Wrong
two points of departure for their comments. tions with civil religion, including weddings, and the Left Doesn’t Get It
One is 9/11. The other is a highly regarded funerals, boy scouts and girl scouts, baccalau- Jim Wallis
essay called “Civil Religion in America” written reates, team prayers at the local high school, San Francisco: Harper, 2005
by Robert Bellah (best known for the book, “See You at the Pole” prayer gatherings for
Habits of the Heart). high school students, and local civic celebra- Jim Wallis, an evangelical social activist, is
Issues
Bellah’s 1967 essay became the accelerant tions. (Seward, Nebraska, begins its nationally the leading voice of the progressive Christian
for decades of discussion about civil reli- recognized Fourth of July celebration each year movement. In God’s Politics, Wallis exposes what
30 gion which essayist Alvin Schmidt defines as with a public prayer service at the courthouse. he sees as the flaws of the current use of religion
every life is valued, working together with and other references to God in the rotunda of of Buddha, depending upon the views of the
other nations to establish a more just world. the Alabama State Judicial Building. Moore’s officials with authority over the premises.” Id.
However, Wallis seems to forget that we live story begins with his childhood in Etowah at 1294. The decision of the Alabama district
in a sinful world. The civil government oper- County, Alabama, and ends with his removal court was affirmed by United States Court of
ates within the kingdom of the world, and sin from his position as Chief Justice of the Alabama Appeals for the Eleventh Circuit.
can thwart even the most powerful prophetic Supreme Court by a state ethics panel. continued on back cover 31
the expiration of his appeal, Moore refused kept religion a matter for the individual
to comply with the order of the district court conscience. . . . Our guiding principle
to remove the Ten Commandments from has been James Madison’s—that “[t]he
the rotunda of the Alabama State Judicial Religion . . . of every man must be left to
Building. Following a trial before a state ethics the conviction and conscience of every
panel, Moore was removed from his position man.” Government may not . . . prefer one
as Supreme Court Justice for his refusal to religion over another or promote religion
comply with the court order. over nonbelief. . . . When we enforce
Moore regards the judicial outcome of his these restrictions, we do so for the same
display of the Ten Commandments as an attack reason that guided the Framers—respect
on Christian morality and the religious roots of for religion’s special role in society. . . .
our nation. Moore’s one-sided account of the Voluntary religious belief and expression
history of religion in society fails to appreciate may be as threatened when government
the sentiment expressed by Justice O’Connor takes the mantle of religion upon itself
above—that the separation of church and state as when government directly interferes
protects and benefits religion. In a separate with private religious practices. When the
case finding an unrelated display of the Ten government associates one set of religious
Commandments unconstitutional, Justice beliefs with the state and identifies nonad-
O’Connor reminds us of the historical basis herents as outsiders, it encroaches upon
and importance of prohibiting Establishment the individual’s decision about whether
Clause violations. and how to worship. . . . Allowing gov-
The First Amendment expresses our ernment to be a potential mouthpiece for
Nation’s fundamental commitment to competing religious ideas risks the sort of
religious liberty by means of two provi- division that might easily spill over into
sions—one protecting the free exercise suppression of rival beliefs. Tying secular
of religion, the other barring establish- and religious authority together poses
ment of religion. They were written by risks to both. (McCreary County, 125 S. Ct.
the descendents of people who had come at 2746-2747.)
to this land precisely so that they could
practice their religion freely. . . . They Madeline Roebke, J.D.
embody an idea that was once considered Graduate of Concordia University,
radical: Free people are entitled to free Nebraska
and diverse thoughts, which government Attorney in Omaha, Nebraska
Non-Profit Org.
U.S. POSTAGE
PAID
Seward, NE
Permit No. 4