Opinion: Religious Liberty Amendment Sent to Statewide Ballot

by the Missouri Family Policy Council
Advocates for religious freedom won a long-sought victory during the recent legislative session when the Missouri General Assembly endorsed a proposed religious liberty constitutional amendment. If approved by Missouri voters, the amendment would strengthen the language in Missouri's Constitution protecting the religious free exercise rights of Missouri citizens and schoolchildren.

The proposal, House Joint Resolution 2, had been approved by the Missouri House
earlier in the session by a vote of 126-30. This was the fourth straight year that
the House had adopted the religious liberty bill, sponsored by Representative Mike
McGhee of Odessa. As the clock was winding down on the legislative session, "the
prayer amendment," as it is often described, was facing once again an anticipated
filibuster in the Senate from Senator Jolie Justus of Kansas City.

However, in an amazing turn of events, Senator Justus abandoned her threatened
filibuster.

When Senator Jack Goodman of Mt. Vernon, the Senate handler of the proposal, brought
the bill up for debate, Senator Justus not only voiced no objection to the bill,
she stunned observers by voting for the joint resolution. The measure was approved
unanimously by the Senate by a vote of 34-0.

The religious liberty amendment now goes before Missouri voters in a statewide election next year. The proposal will appear on the November 2012 general election ballot, unless Governor Jay Nixon decides to place the measure on the August primary election ballot instead.

Under the religious liberty proposal, students would be assured the right to pray
and acknowledge God on a voluntary basis in public schools so long as their religious
expression is not disruptive and conforms to the parameters placed on any other
free speech in similar circumstances. Students would also be guaranteed the right
to share their religious beliefs in written or oral school assignments free from
any recrimination based on the religious content of their work.

The proposed constitutional amendment also includes a major conscience clause for
students and parents when it comes to school curriculums. Students could not be
forced to perform academic assignments or participate in educational presentations
that violate their religious beliefs.

The religious freedom measure also declares that a citizen's right to pray and
acknowledge God shall not be infringed in other settings. Citizens would be guaranteed the freedom to pray individually or corporately in public settings and on public property so long as the activity does not disturb the peace or disrupt a public meeting or assembly.

Government officials and employees would be assured the right to pray on government
premises provided that those public prayers abide within the same parameters placed
on other speech in the same circumstances. The joint resolution also stipulates
that the Missouri Legislature and all local government bodies in the state may allow
ministers and clergypersons to offer invocations at their meetings and public
procedings.

While the proposed constitutional amendment would not and cannot override federal
court interpretations of the First Amendment to the Constitution, it spells out
in clear language the nature of prevailing federal court decisions on matters of
controversy in the realm of religious expression. The new language would also
prevent state court judges from interpreting our state constitution in a manner
hostile to religious freedom.

Should the language of the joint resolution be enshrined in Missouri's Constitution,
it would provide school administrators and government officials with essential
religious liberty guidelines when groups such as the ACLU threaten litigation in efforts to suppress the expression of religious values. Senator Goodman correctly pointed out that our constitutional rights are of little value if they cannot be exercised without fear of intimidation and repudiation.

The religious freedom amendment had its genesis five years ago when former
Representative Carl Bearden first sponsored a joint resolution dealing with voluntary prayer in schools. During the 2008 legislative session, the proposal was expanded to become a broad-based religious liberty amendment with additional language drafted by the Missouri Family Policy Council. We are thrilled to see this proposition now in the hands of Missouri voters.

Representative Mike McGhee deserves tremendous accolades for his perseverance in
promoting the "prayer amendment" these last four sessions. Representative McGhee
is one of the most kind-hearted and benevolent members of the General Assembly,
and the success of this measure is reflective of his good will and gentlemanly
leadership. We urge you to send a note to Representative McGhee thanking him for his valiant leadership on this issue at mike.mcghee@house.mo.gov

Senator Goodman deserves supreme commendation for his masterful efforts to finally
navigate this proposal past the philosophical and procedural obstacles that have
left it shipwrecked for five straight sessions. Senator Goodman is universally
regarded in the Senate as a man of extraordinary conscience, character, and class.
The unanimous support he obtained from the Senate for the religious liberty amendment
is a testimony to the deep respect he commands from his colleagues. Please send
a note to Senator Goodman thanking him for his impressive efforts at
jack.goodman@senate.mo.gov

Lastly but most importantly, we thank God for this momentous victory for the Christian community in Missouri and for all people of faith. The manner in which this proposal was finally achieved can only be explained by God's intervening Hand. We thank Him for his mercies on our state.

The preamble to Missouri's Constitution reads as follows: "We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of our state." Our goal here at the Missouri Family Policy Council is to see that those sentiments are not just platitudes in a preamble, but that they are reflected in a meaningful way in the constitutional protections afforded the citizens of our state.

The right to pray and acknowledge "the Supreme Ruler of the Universe" is not a right
granted by government, but a right conferred by our Creator. It is the foremost
job of government to safeguard that right. The proposed religious liberty amendment
guarantees that Missourians will be be able to proclaim our gratitude for God's
goodness in the public square. The citizens of the Show-Me State will now have the
opportunity to show the nation next year who truly governs in the hearts of our
people.

Federal Court Dismisses Challenge to National Day of Prayer

By the Missouri Family Policy Council

A federal appeals court has struck down a lower court ruling which had declared that the National Day of Prayer is unconstitutional. The 7th Circuit U.S. Court of Appeals has rejected a lawsuit filed by the Freedom from Religion Foundation, ruling that the atheist group had no legal standing in the matter. The Freedom from Religion Foundation had challenged Congressional action establishing the first Thursday in May as a national day of prayer and thanksgiving to God. The Foundation claimed that the national prayer observance amounted to an establishment of religion in violation of the First Amendment of the Bill of Rights. U.S. District Judge Barbara Crabb agreed with the Foundation, ruling that the designation of a National Day of Prayer serves no secular purpose.

The three-judge panel of the 7th Circuit overturned Crabb's decision, concluding that the plaintiffs had no legal basis for filing the lawsuit. The court stated in its opinion: "The psychological consequence produced by observation of conduct with which one disagrees is not an injury for the purpose of standing...All [the plaintiffs] have is disagreement with the President's action. But unless all limits on standing are to be abandoned, a feeling of alienation cannot suffice as injury in fact." The appeals court panel observed that the Presidential proclamation of a National Day of Prayer does not compel any person to pray "any more than a person would be obliged to hand over his money if the President asked all citizens to support the Red Cross or other charities."

Tony Perkins, President of the Family Research Council, expressed support for the decision. "The Court is to be commended for rejecting the idea that...religious expression is to be scrubbed from the public square. Americans enjoy religious freedom...because our Founders recognized that religious liberty is a gift of God, not the government, and because of the sacrifices of countless men and women to defend it. " "This ruling send a message to Judge Barbara Crabb and any other activist judge who would rewrite the Constitution to advance a hostile treatment of religion in public life," Perkins added. "Americans have the right to pray together as a nation. That is exactly what the Founding Fathers intended." Jay Sekulow, chief counsel for the American Center for Law and Justice, described the ruling as "a victory for our nation's heritage and history." "We're extremely pleased that the appeals court determined that while some may disagree with a presidential proclamation, they do not have the right to silence speech they don't agree with." The Missouri Family Policy Council is continuing to press efforts here in our own state to safeguard the religious freedoms of Missouri citizens.

Legislators are considering a proposed constitutional amendment which would protect the right of schoolchildren to pray on a voluntary basis in the public schools. The joint resolution would also assure that all Missouri citizens retain the freedom to pray and acknowledge God in public settings and on public property. It would also guarantee the privilege of government bodies to offer invocations before public meetings and proceedings. The House bill, House Joint Resolution 2, sponsored by Representative Mike McGhee, has been approved by the full House and will be heard in the Senate General Laws Committee this week. The Senate bill, Senate Joint Resolution 16, sponsored by Senator Jack Goodman, has been already endorsed by the General Laws Committee, and has been placed on the Senate calendar for debate. Congressman Todd Akin, a student of American patriotic history, notes that there have been 135 national calls to prayer, fasting, and Thanksgiving by Presidents of the United States since the first one was issued by President Washington in 1789.

Congress first enacted a law establishing a National Day of Prayer in 1952. President Reagan signed the law passed by Congress in 1988 designating the first Thursday in May for the formal annual observance. This year's National Day of Prayer, the 60th annual observance, will be held on May 5th. The theme chosen by the National Day of Prayer Task Force is "A Mighty Fortress is our God." The theme is based on the Scripture found in Psalm 91:2: "I will say to the Lord He is my Refuge and my Fortress, my God in whom I trust." Joni Eareckson Tada is the honorary chairwoman of this year's event. Shirley Dobson, Chairwoman of the National Day of Prayer Task Force, urges the nation to look to God for refuge and strength during this time of national challenge and discord. "Prayer is an indispensable part of our heritage, and as citizens, we must remain faithful in our commitment to intercede for our nation during this pivotal and challenging time."