Would the First Amendment be approved today?

October 21, 2002

Would the First Amendment be approved today?
___By Robert Marus
___Associated Baptist Press
___WASHINGTON (ABP)--Language in the Constitution protecting religious liberty probably wouldn't pass if Congress were voting on it today, according to Baptist Joint Committee Executive Director Brent Walker.
___"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," are the first 16 words of the First Amendment, which also protects the freedoms of speech, the press, peaceful assembly and redress of grievances against the government.
___Citing a recent survey reporting that four in 10 Americans think the amendment goes "too far" in protecting certain freedoms, Walker asked BJC directors to ponder: "Do you think that such a bill would have much chance of passing? To tell you the truth, I'm pretty sure it would not."
___In a report to BJC directors attending their annual meeting this month, Walker said this has been a tough year for groups, like the BJC, that advocate the separation of church and state. The U.S. Supreme Court allowed the use of tax-funded vouchers for religious schools in Cleveland. The House of Representatives expanded federal funding of faith-based social services. Two prominent books attacked modern interpretations of church-state separation.
___"It feels, for all the world, like we are paddling upstream against a raging torrent from all sides," Walker said.
___Despite that, Walker also reported successes, including the defeat of a law that would have allowed churches and other houses of worship to engage in partisan political activity while enjoying privileges of being tax-exempt.
___Board member David Massengill, a New York City lawyer who lives a few blocks from the site where the World Trade Center once stood, found an analogy for church-state separation in the destruction of Sept. 11, 2001. All the buildings on the World Trade Center complex eventually fell, because they shared a foundation with the twin towers, he said. But St. Paul's Chapel, an Episcopal church just a block away, survived because it had a separate foundation.
___"If our churches become dependent on the government--if they move into nice government-built buildings with government-built foundations--then when the storms rise and the governments fall, our churches will fall with them," Massengill said.
___The BJC staff and directors also held a non-binding brainstorming session about future policy on school vouchers. The BJC has opposed them in the past, saying they are unconstitutional and warning that accepting public funding likely would result in increased regulation for churches.
___Now that the Supreme Court has said vouchers are constitutional, the BJC must decide whether to continue its historic position against the regulation of churches or simply say to those accepting taxpayer funds, "We told you so."
___"It could be uncomfortable with encouraging policies that are regulating churches when we've always been for not regulating churches," said Holly Hollman, the BJC's general counsel.
___Board member Timothy Brendle of Virginia said he thought the BJC should continue to fight against government regulation of religious institutions--even for schools that accept government funding. "Our role is to be a watchdog against the regulation of religion," he said.
___But Cynthia Holmes, a St. Louis attorney and moderator-elect of the Cooperative Baptist Fellowship, said churches ought to follow the same rules as everyone else competing for public funds. "I would say, if you're willing to take voucher money, you have to follow the Golden Rule, which is to do what everyone else has to do," Holmes said. "I think if your guide is, 'What would Jesus do?' then that's what you would have to say."
___Hollman responded it might hurt the "greater witness" when churches accept government dollars but argue for special treatment when it comes to government regulation. "That creates a lot of political resentment against churches," she said.
___In other business, BJC directors closed a recent chapter of the organization's history on a positive note.
___A "memorandum of understanding" reported reconciliation in a dispute between the organization and one of the denominations that funds it.
___The North American Baptist Conference general council had earlier voted to withdraw funding for the BJC because it sometimes works in coalitions on religious-liberty issues with organizations that are pro-choice or support gay rights.
___But the BJC also works with groups that oppose abortion and gay rights. Leaders from the BJC met with the NABC general council to clarify the nature of the organization's work.
___The memorandum, from the denomination's executive, Phil Yntema, states that while "legitimate differences" exist among Baptists on matters of public policy and there are "different opinions" about the BJC's work, the NABC "reaffirms its commitment" to the religious-liberty watchdog group.
___BJC board members re-elected all of their current officers. Reginald McDonough of Virginia will continue as president, Ed Massey of Kentucky as first vice president, Margaret Ann Cowden of Pennsylvania as second vice president and Richard Bloom of Illinois as secretary.
___The board also approved a $1.07 million budget for next year, an increase of 4 percent from 2002.
___

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