By Douglas V. Gibbs
In preparation for the Christmas Season, the little town of Ellwood City, Pennsylvania has put up a holiday display that includes a Nativity scene, as well as symbols pertaining to Kwanzaa and Hanukkah. Secular symbols that have come to be associated with Christmas are also present, such as Santa Claus, a snowman, and a Christmas tree. Not included, however, was a banner from an atheist group that says "there are no gods."
The secular symbols were added to the display to appease the Freedom From Religion Foundation after they complained that last year the display was nothing more than a government endorsement of religion.
To protect themselves from further challenges, the mayor of Ellwood City also invited an outside group to come in and contribute to the modified display. The contribution was a sign, reading: "At this season of the Winter Solstice, may reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but myth and superstition that hardens hearts and enslaves minds."
Mayor Tony Court refuses to add that banner. It goes a little too far. Besides, he said, "It violates the First Amendment. It's endorsing atheism."
The group that sent the banner disagrees, and says the text of the banner was written as a repudiation of the manger scene, which the organization sees as a doctrinal statement. "If you don't believe that baby is your lord and savior, according to Christian tradition and hymns sung at this time of year, then you are not saved."
Both groups are wrong.
The Establishment Clause of the First Amendment in the United States Constitution has been severely misinterpreted by both the atheists involved, and the mayor.
The First Amendment only applies to the federal government. In fact, is says so right there in the amendment. The first words of the amendment are "Congress shall make no law. . . " Congress. That means the U.S. Congress. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." (First Amendment of the U.S. Constitution)
What that first clause of the U.S. Constitution says is that through the legislative branch, which has the sole authority to legislate at the federal level (as per Article I, Section 1), there can be no laws establishing any religion (and atheism is a system of beliefs that would also fall under that banner) by the federal government. The fear, if you use the frame of reference of the Founding Fathers, was that the new central government may endeavor to create a situation similar to what was going on in England, where the Church of England and the monarchy were intertwined. The king was head of the church, controlling religion, and disallowing people to be a member of any other denomination. In fact, to not be a member of the Church of England was punishable by law.
The States, however, were not affected by the First Amendment. In fact, at the time of the ratification of the U.S. Constitution, the States, save for Pennsylvania and Rhode Island, all had established religions. As States, they were allowed to do such because, if you remember, the States originally held all of the powers, and they granted a few of their powers to the federal government so that it may protect, preserve and promote the union. The federal government was not given the authority to establish a State Church, or prohibit the free exercise of religion in any way. In other words, what we have been taught regarding the separation of church and state is actually backwards.
However, as time progressed, the States realized how important freedom of religion was, and beginning with Virginia in the proposal of The Statute of Virginia for Religious Freedom in 1779, which became law in 1786, a wave of States moving towards eliminating established churches swept through the new States in America. Connecticut was the last to give in.
The Puritans had a heavy hand in Connecticut, and anybody that belonged to any church other than the Puritan Church was treated like a second-class citizen. The Baptists in Danbury were sick and tired of being treated that way, so when Thomas Jefferson won the presidency in 1800, the Danbury Baptists were thrilled, because Jefferson had been a part of bringing religious freedom to Virginia. If anybody could help them, reasoned the Baptist Church in Connecticut, it would be Thomas Jefferson.
The Danbury Baptists sent a letter to Jefferson congratulating him on his win, and appealing to him to help them with their situation in Connecticut. Jefferson responded, including in his letter the phrase "wall of separation between church and state," meaning that the central government in Washington could not be involved. It was none of the federal government's business. Religious freedom at the local level would have to come through the State. With freedom comes responsibility, and in the case of Connecticut, it was the responsibility of those on the short end of the stick to either put up and shut up, work to change the local system of the existence of an established church, or move to a State that would agree to give the Baptists the religious freedom they so richly deserved.
Connecticut held out until 1818 when they approved their first State Constitution, abolishing their colonial charter, and allowing religious freedom. Even then, however, there were provisions in the new State Constitution that allowed the State a certain level of interference if they deemed such intrusion necessary.
That said, Ellwood City's decision to reject the atheist banner is absolutely legal, if the Pennsylvania State Constitution so allows. The Pennsylvania State Constitution, on this matter, reads as follows:
Religious Freedom
Section 3.
All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship.
"No preference shall ever be given by law to any religious establishments or modes of worship."
The Holiday Display in Ellwood City is not established by law. It is a tradition. No law has been passed giving preference to any religion over another. A tradition, however, has been in play that celebrates the Christmas Season. Out of consideration, Kwanzaa and Hanukkah and secular symbols have been added, but it is a tradition and the decorations at that display is at the discretion of the organizers. No law has established the religious nature of the display, therefore the display organizers can reject anything they deem unacceptable.
The atheists are free to purchase ad space, or lease a lot, to put up their own displays. As a private organization, there are no laws disallowing that.
-- Political Pistachio Conservative News and Commentary
Pennsylvania Town Rejects Atheist 'There Are No Gods' Banner in Holiday Display - Fox News
CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA - State.PA.USSource URL: http://indahrahmadewi.blogspot.com/2011/12/atheist-are-no-gods-banner-rejected-by.html
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