July 10, 2000
Liberty 'threatened by equality'
___By Marv Knox
___Editor
___ORLANDO, Fla.--The greatest threat to religious liberty in America is a mindset that lumps religion in with secular pursuits and insists religious activity should be determined by majority control, church-state specialist Brent Walker warned.
___Walker, executive director of the Baptist Joint Committee, a Washington-based religious liberty organization, and Melissa Rogers, the committee's general counsel,addressed "Religious Liberty at Y2K" in a discussion session during the Cooperative Baptist Fellowship's annual meeting.
BRENT WALKER
___"The most serious threat to (American) religious liberty is not religious persecution. This is the freest and most tolerant society in history," Walker said. Religious persecution is grave elsewhere, such as Burma, Indonesia and China, where religious hostilities often flare into physical violence, he noted.
___"And religious liberty is not seriously threatened by insensitive bureaucrats who handle our zoning laws and implement local ordinances that impact churches," he added. "This is a problem, but it's not our most serious threat to religious liberty.
___"The biggest threat is the mindset that calls for religious equality--for religion to be treated equally with secular pursuits--and insists on majoritarian control of religion."
___In fact, the Bill of Rights to the U.S. Constitution is "counter-majoritarian," Walker said, explaining the first 10 amendments to the Constitution are designed to protect the rights of minorities, including religious minorities.
___And the religious practice of all faiths is "best secured when government treats religion differently than secular institutions," he said.
___For example, the hiring practices of a church appropriately are protected from the laws that control non-discrimination in hiring employees of a business, such as McDonald's, he said, noting a Baptist church should be protected from being
___"Religious liberty is protected and preserved not by treating religion the same as secular activities, but differently," he stressed.
___However, that idea has been diminished by recent Supreme Court cases, Walker lamented, pointing out some justices insist on applying the same rules to the free exercise of religion that they apply to secular activities.
___"The court thinks in majoritarian terms (which do not account for the rights of minorities) and fails to protect religious liberty," he said.
___But when government deals with support for or establishment of religion, "sometimes religion should be protected a little less," Walker added.
___For example, the First Amendment prohibits government from funding religious schools or leading in religious practices, he said, noting such support for religion is unconstitutional because it illegally advances religion.
___Unfortunately, he said, the Supreme Court has engaged in a "slow chipping away" of the longstanding principle that government should not support parochial schools. The most recent example occurred last month, when the court affirmed the practice of government funding of computers for parochial schools in Louisiana.
MELISSA ROGERS
___On the other hand, Walker affirmed another new Supreme Court case, which ruled unconstitutional school-sanctioned prayers at football games in the Santa Fe Independent School District in Texas. "To its credit, the court was troubled by the (majority-vote) notion of who should say the prayer," he said.
___The consistent link between government under-protection and over-protection of religion is concern for the rights of minorities and the preservation of religious liberty for all Americans, he said.
___Looking to the 2000 elections, Walker added, "The upcoming electoral process ups the ante" on religious liberty. The next president is likely to appoint three or four Supreme Court justices, a high number considering many religious liberty cases are decided by 5-4 votes.
___Another cause for concern is the politically popular concept of "charitable choice," Rogers said. It is the practice of providing government funds to churches and other charitable organizations to help them operate charitable and benevolence services.
___"Religious organizations and churches that take tax dollars must consider this: When you take tax dollars, they will come with strings attached," she warned.
___Charitable choice developed after the welfare reform of 1996, Rogers explained. Before that time, pervasively religious organizations could not take tax money for fear of violating the constitutional ban on government advancement of religion. But with increasing reliance on religious and charitable organizations to meet needs created by the absence of welfare, some advocates advanced the concept of government financial support for these initiatives.
___"Charitable choice is a hot topic," Rogers acknowledged, noting both George W. Bush and Al Gore have advocated the concept.
___But it is riddled with pitfalls, she added. "Although the law is continuing to develop, the risks are too great for religious liberty. Accountability will be great for groups that accept tax dollars."
___Charitable choice will not be characterized by "shekels without shackles," she said. Any government funds will come with significant strings attached, and those strings could bind religious liberty, she predicted.
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