Prayer
in Public Schools?
April 10, 2005
Rev. Paul Beckel
–—˜™
The day that this country ceases to be
free for irreligion
it will cease to be free for religion
—except for the sect that can win political
power.
Justice Robert
Jackson
Despite the intense criticism leveled at
public officials and courts for failing to find a definitive answer to the
school-prayer debate, the real problem lies with the demand itself. It is a
rare person who would seek to brush teeth so that they need never be brushed
again, or feed a dog so that it stays fed, or mow the lawn once and for all. By
their nature, teeth, dogs, and lawns are not amenable to such summary
treatment, but must be maintained rather than solved. Indeed, any alternative
to ongoing maintenance would entail their destruction. The same is true of
religious liberty; dealing with diverse religious views in a free society is a
matter of social or cultural maintenance, not once-and-for-all solutions.
from Joan DelFattore, The Fourth R: Conflicts Over Religion in America’s
Public Schools, available in the Marathon County Public Library
U.S. Department of Education—Guidance on
Constitutionally Protected Prayer in Public Schools:
www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html
Center for Faith Based and Community
Initiatives:
www.ed.gov/about/inits/list/fbci/index.html?src=qc
OPENING WORDS
[We begin the service with a lighting of
the flaming chalice, during which people take the opportunity to come forward
to light candles or to write notes in our community journals – regarding joys
and sorrows which they wish to be held within the loving arms of the
congregation.]
In acknowledgement of these and all
unspoken prayers held among us, let’s say together our affirmation: Love is the
spirit of this church, and service is its gift. This is our great covenant: to
dwell together in peace, to seek the truth in love, and to help one another.
And this is wonderful. It is a wonderful reminder of the words of those
wise old Taoists who wrote: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof....”
Yes, it is clear that the framers of the U.S. Constitution were Taoists,
for who else could compose such a magical conundrum for us—demanding balance
between seemingly incompatible—and yet equally sacred principles:
The First
Amendment asserts forcefully that government must not favor any religion in particular or even religion in
general.... and at the same time government must
not suppress free expression, including religious expression.
Public schools,
which have to accommodate all of us equally, naturally become a battleground on
which this conflict plays itself out. I’m sympathetic to the schools’
situation. But I want to offer our teachers, administrators, school boards—and
the voters who pay the legal bills—more than a pat on the back and a kind word.
Our religious movement
has it’s very heart in the Founders’ quest for religious freedom. So our
challenge is not just to understand the legal and practical intricacies of
living in a pluralistic society—and then keep quiet. I believe our challenge is
to discover interesting, legal, educational ways to affirm and promote the values inherent within our national
religious pluralism. And to shout these values from the housetops.
GATHERING HYMN Over
My Head #30
CHILDREN’S FOCUS Grandad’s
Prayers of the Earth, by
Douglas Wood
Summary: Grandad and grandson take many
walks in the woods together. On one such walk, they talk about prayer. Grandad
encourages grandson to notice how the trees pray, by reaching for the sky. And
the rocks, which are still and silent. And the streams that laugh and the
robins that sing, and the flowers that breathe their sweetness into the air....
And people, they pray too: smelling a flower, watching the sunrise, watching
their breath on a chilly day, holding hands around a table...and even with words:
“the words will always be right if they are real and true and come from the
heart.”
Then Grandson asked: “Are prayers
answered?” Grandad smiled, “Most prayers are not really questions. And if we
listen closely, a prayer is often its own answer. Like the trees and winds and
waters, we pray because we are here—not to change the world but to change
ourselves....” Then one day Grandad was gone. And no matter how hard Grandson
prayed, he didn’t come back.
Time passed, sadness and memories came
and went. And on another walk in the woods, Grandson heard the prayers, and he
joined in, saying “Thank You....”
READING from The Gospel according to Matthew –
King James Version
And when thou prayest, thou shalt not be
as the hypocrites are: for they love to pray standing in the synagogues and in
the corners of the streets, that they may be seen of men. Verily I say unto
you, They have their reward. But thou, when thou prayest, enter into thy
closet, and when thou hast shut thy door, pray to thy Father which is in
secret; and thy Father which seeth in secret shall reward thee openly. But when
ye pray, use not vain repetitions, as the heathen do: for they think that they
shall be heard for their much speaking. Be not ye therefore like unto them: for
your Father knoweth what things ye have need of, before ye ask him. After this
manner therefore pray ye: Our Father which art in heaven, Hallowed be thy
name...
No, enough of that, will you finish this
with me...as printed in your order of service:
O, Birther of the Cosmos, focus your light
within us -- make it useful
Create your reign of unity now
Your one desire then acts with ours,
As in all light,
So in all forms,
Grant us what we need each day in bread and insight:
Loose the cords of mistakes binding us,
As we release the strands we hold of others’ guilt.
Don't let surface things delude us,
But free us from what holds us back.
From you is born all ruling will,
The power and the life to do,
The song that beautifies all,
From age to age it renews.
I affirm this with my whole being.
The Lord’s Prayer ~ as translated by Saadi Neil Douglas-Klotz
SILENCE (2:00)
SINGING TOGETHER Praise
Be to God, the Almighty #278
In the spring of 1996, Pontotoc County
Mississippi went all out in a celebration of religious freedom. “Signs decked with red, white, and blue
ribbons went up all over [the] County. The words ‘religious freedom’ were
printed inside a picture of a schoolhouse.... Local stores sold similarly
decorated t-shirts and baseball caps produced by the Parent Teacher Association
to raise funds for the lawsuit.”[1]
The lawsuit had been filed by Lisa
Herdahl when the local public school would not allow her children to be excused
from daily prayers and Bible classes. Upon seeing the community’s response –
banners proclaiming “religious freedom” and all... her children were excited –
thinking that the town supported their quest. Sadly their mother had to tell
them, “No, I don’t think so....”
What is Religious freedom? In this
case, Lisa Herdahl—a Pentecostal Christian—was seeking freedom from religion. The rest of the county
was seeking freedom for religion. The
history of prayer in public schools is filled with similar conflicts which
often boil down to definitions. What is
“prayer?” What is “coercion?” What is “sectarian,” or “proselytizing” or
“student-initiated,” et cetera.
Religious freedom. Is it...an oxymoron?
Or a fascinating paradox? Over the past two centuries, enough of these
questions have been resolved so that reasonable people who are willing to make
a good faith effort to understand the principles involved can usually determine
what to do in specific cases.
But there will always be people on either
side who see the status quo not as a delicate balance, but as a travesty to be
corrected. The case of Herdahl v. Pontotoc County Board of Education was
a matter of people knowing the law, and ignoring it. Lisa Herdahl did not break
new ground with her lawsuit, but simply sought to enforce standards that had
been in place for a long time.
***
Anyone who claims to be an advocate for
religious freedom had best prepare for a lifelong effort to uphold that ideal.
A lifelong effort to understand, to promote, and to clarify.
To understand, to promote, and to
clarify—these tasks demand incredible patience and inner strength. For time and
again we encounter flabbergasting cases
in which schools defend themselves in court with claims that their prayers are
not religious. Or, they’ve argued, “The teachings of Jesus are not Christian... Jesus was a Jew!” (So what do Jews have to
complain about?) Or: Agnostics can’t sue over school prayer—they’re not harmed
because they have no real beliefs, or don’t know what they are. Then
there are the specious arguments that “by not allowing devotional teachings
about God, we’re requiring schools by law to actively promote the religion of
atheism.”
I mention these
examples not just so we can sigh over such ignorance or intransigence, but to
acknowledge that countering these arguments is difficult work. It’s terribly uncomfortable
to converse with someone who looks you in the eye and tells you, with
conviction, something that you think is obviously not true. It feels awkward to
have to be very specific and technical in defining our terms. To have to define
“science,” to have to define “history”... and then make a detailed case to
explain that calling the Bible “a science text” or “a history text” does not
make it one.
Still, in my
opinion, the federal guidelines now in place address most potential conflicts.
Your order of service has a website address for the U.S. Department of
Education guidelines. Since much of this has been hammered out in the last 10
years—after centuries of conflict—many people in the schools still feel as
though they are walking on eggshells. As if anything you do or say in school—or
fail to do or say—is going to get you sued. So, if you feel that way, please
take a look at the guidelines—which in my opinion do a good job guaranteeing both the right to free expression and the assurance that government will
not promote religion.
Some of the current standards are:
1.
All levels of government must respect the
rights granted by the U.S. Constitution. (The phrase “Congress shall make no law” et cetera, was once understood to mean
that though the federal government
must not interfere with religious freedom, state
legislatures could do as they wished. But this has been settled for 50 years
and is in no way ambiguous. Both liberals and conservatives turn to this
principle to ensure that state and local governments do not deprive anyone of
federal rights. The recent Florida case, for example, was brought to federal
court based on the claim that the state had denied Terri Shiavo due process.)
2.
Government
sponsorship of religion is unconstitutional, even if it’s entirely voluntary.
3.
The
question of whether a religious practice is “sectarian” or “nonsectarian” is
irrelevant.
4.
It
is ok to read in schools historical documents that refer to religion. It is ok
to sing patriotic songs that mention God (Even: “...protect us by Thy might,
Great God our King!”) (Maybe we should make up some other “patriotic” songs
that mention Shiva, Buddha, and Socrates?)
5.
It’s
ok to teach about religion.
6.
If a school allows any non-curricular
student groups to use its facilities, then religious and secular groups must be
allowed access on the same terms. If outside
groups are allowed to use the facilities, then religious and secular groups
must be allowed access on the same terms. (The last church I served in suburban
Cleveland met in a public middle school.)
7.
All actions taken by schools must have a secular
purpose. The primary effect of the
schools’ actions must neither advance nor hinder religion... and must not
excessively entangle government with religion.
8.
Speakers at graduations or other events must be
chosen by a neutral selection process that does not relate to religion.
Of course there
are still some ambiguities out there. There are definitions left for us to
debate. People will invent new ways to evade the law. Or they will flout the
law openly because—even when the law is on your side—it takes courage,
patience, and money to stop those who defy it.
And our eternal
vigilance will be necessary to resist the weapons of mass destruction—such as
constitutional amendments favoring the religion of the majority—which would not
only crush the wall separating church and state, but alter our entire social
landscape.
***
The guidelines we have today arose out of
two centuries of fascinating legal and political stories that I’d like to share
with you in School Prayer, part II, next month. In the few minutes we have left
together today I would like to focus on the broader questions of why all this
matters to Unitarian Universalists who may have plenty of other things on their
minds.
That is, what basic principles have we
historically celebrated that relate to this issue? How does this relate to our
internal realities as a creedless church? And what imperatives does our ongoing
commitment to religious freedom pose for us in the days to come?
***
Our purposes—identified in the covenant
affirmed by the congregations of the Unitarian Universalist Association—include
promoting the rights of conscience and the democratic process in our
congregations and in society at large. That’s two essential elements of
religious freedom right there.
But “the democratic process”—that
generally means the will of the majority. And “the rights of conscience”—that
generally means individual liberties. This principle contains the same paradox
as the First Amendment.
So understanding this paradox is not just
a public policy issue. The dilemma is internal to our Unitarian Universalist
ideals. We’re a creedless religion. What does that mean? Is “creedless
religion” an oxymoron? Is it a knock on the door from someone who has nothing
to say? Is it a weekly Sunday morning
brawl over competing theologies?
How can we create such an institution?
Maybe it’s a little easier than in the public schools. Because being here in
church is voluntary. But maybe it’s a
little harder than in public schools; because when schools skip religion they
have other things to focus on. When we
skip religion ... then what are we?
When we pray,
here, we use both broad and specific prayers, silent and spoken prayers,
individual and collective prayers. And if we follow the inspiration of Granddad
(in today’s story) a great deal more of what we do and see and hear and even
breathe... is prayer... whether we call it that or not.
Whether it’s
the words written in a community journal, the light flickering through a
window, or the hug of a child. All prayer.
***
In 1996, the
Mississippi legislature, determined to defy federal court rulings, passed a law
stating that students could essentially pray any time, any where. The law was
overturned because it gave special privilege to religious speech which was not
given to non-religious speech. What dumbfounded me about this case was that the
law had specified that student prayer—though it could take place any time,
anywhere—must be “nonsectarian, nonproselytizing” prayer—as if school officials
would appreciate having to be the judge of that
every time a student chose to pray! Essentially, it would force teachers to define, “What is prayer?”
***
In the spring
of 1970, in a small college town in central Illinois, a Unitarian family went
to pick up their new baby from a Lutheran adoption agency. Their 5 year old
daughter Janie was very excited to see baby Rick. She couldn’t wait to bring
him home. After all of the paperwork, the social worker asked, “Well, should we
say a prayer before you go?” Little Janie, anxious to get on with things,
blurted out, “Prayer? What’s a prayer?”
I’m touched by
the innocent expectations expressed by Lisa Herdahl’s child, who assumed that
those who flew banners celebrating “religious freedom” would be on her side.
And I’m proud of the insistence of little Janie, who like a good UU kid said:
“What do you mean by that?”
Little Janie
was neither ignorant, nor overly skeptical. She may have been unfamiliar with
what the majority meant by the word “prayer.” But she knew what love and
devotion was, and she showed it to her baby brother (who’s now this big) even
to the point of naming her own child after him.
***
Janie, who is
now one of many in this congregation who work in and/or have kids in our local
public schools, are now looking to you for support. How will we raise another
generation in this social context? Raise them not simply to defend religious freedom, but to utilize
the incredible resources within our increasingly religiously pluralistic public
schools. (Not only are there growing numbers of Muslims, Buddhists, animists,
and Hindus in the United States; but the atheists, agnostic, and humanists—taken
together—are now larger than any single denomination save the Catholics.)
I see this
pluralism not as something merely to be tolerated, and not merely to be
celebrated. I see it as something to be recognized and respected and understood
in the same way we understand the power of fire. I believe our children must be
taught to utilize the power of this growing religious pluralism which will
either transform their society, or destroy it. We certainly cannot insulate
them from it, or ignore it.
I see religious
pluralism as something precious... to be nurtured, cultivated, affirmed and
promoted. And just because this is a religious value for me doesn’t mean that
it cannot be taught about in our public schools. Yes, it’s somewhat mushy ground I’m treading
here. I’m talking about promoting “community values.” But like honesty,
integrity, freedom, reason, and tolerance (hell even chastity is being promoted
in our public schools!) teaching about religious pluralism has a secular
purpose; it neither advances nor hinders any religion in particular or even
religion in general (as long as we include non-theism in our universe of
religious pluralism).
And just
because it’s precious to us doesn’t mean we can’t talk about it! In short, it’s not only essential to teach
about religious liberty and religious pluralism in our public schools... it’s
even legal. Religious freedom is a fragile, ethereal principle; failing to
understand it, children of the coming century—multicultural and complex—will
suffer through many more battles of the shifting majorities.
Religious freedom
must be taught, and can be taught in our public schools
because it is enshrined in the first line of our First Amendment. (We should
probably just refrain from claiming that it was ordained by God, or by the
Tao.) Amen.
SENDING HYMN Lady
of the Seasons’ Laughter #51
POSTLUDE Standing
in the Need of Prayer...My Country Tis of Thee...Voice Still and Small