Date: Tue, 04 Nov 1997 23:41:02 0600
To: Rob Weinberg
From: Frank Grose
Subject: Team Effort
For example, can you find a way, using your view of history and the Bible to justify the ends I seek, namely: freedom from government sponsored, promoted or endorsed religion? At the same time, can I find a way, using law, and my understanding of constitutional principles, where individuals who happen to be in a government setting can express their personal religious beliefs so that government is not perceived as outright hostile to religion in general? We may have some stops and starts, but that could be an approach.
This must be an answer to prayer! The above is the most welcomed thing you've said in any of our dialogs. I would welcome such a challenge, but it has to be a team effort. Whether you realize it or not, I too strongly favor freedom from government sponsored, promoted, or endorsed religion. We differ only in our respective definitions of these terms. Working toward a common set of mutually agreeable assumptions and definitions must be where we start. So they are not "your" ends, but "our" ends. I believe if we (and the Left v. Right factions) could agree on terms, over half the battle would be won. Or more likely, there wouldn't be a battle at all. It is not so much "government" that is hostile to religion (specifically Christianity), but the judiciary (that is being used by the ACLU). Yes, I would like to see a situation where those in government (somewhat a stretch to classify principals and teachers in that category, if you ask me) be able to acknowledge their God and make religious expressions. The reason you are seeing so much reaction from the right, is that the perception is that our freedom of religion is being taken away, piece by piece. (And looking at the last 35 years of history, one could conclude that is the plan.) Unfortunately, back in the 60's and 70's the Christians were silent.
Okay, let's get started. I define it as man trying to reconcile himself to God (or a god, or some higher state of being). It takes on many ceremonial and ritualistic practices. For the sake of keeping the discussion between the ditches, let's confine our definition of religion to the principal religions of Judaism, Christianity, Catholicism, Islam, Buddhism, Hinduism, etc. While they are recognized by government and the courts, let's not consider Humanism, New Age, Satanism, etc. as religions, for the purpose of our discussion. At the appropriate time, we may throw them into the mix, but not initially.
Did I leave anything out, or put in anything that you disagree with? If not, we are off to a good start.
I really feel we're getting our dialog going in the right direction now.
James promises prayer ban fight
By Stan Bailey
and Rose Livingston
News staff writersMONTGOMERY — Gov. Fob James vowed Tuesday to wage a full-scale legal and political offensive against a federal judge's injunction that bars school-sponsored religious activities in Alabama public schools.
In a strongly worded statement read to reporters, James said he will resist U.S. District Judge Ira DeMent's injunction "by every legal and political means with every ounce of strength I possess."
"This ruling cuts at the heart of all that is good in America and brings shame on our nation," James said.
Even as James spoke, a state judge who has refused to remove a wooden plaque of the Ten Commandments from his courtroom issued an order against enforcement of DeMent's order in Etowah County.
Etowah County Circuit Judge Roy S. Moore issued a temporary restraining order to prohibit the restrictions on school prayer from being enforced in his county.
"On its face, the district court permanent injunction appears to be an unconstitutional abuse of power in its explicit proscription of allowable speech and behavior by children in the public school system," Moore wrote. "It is neither the prerogative of nor within the province of a court to dictate how, when and where a child may acknowledge God. This is the essence of the First Amendment."
Moore heard testimony Tuesday from parents who filed a petition Monday to block the restrictions from being used in Etowah County schools. He found an "aura of fear, control and intimidation has been forced upon the parents, teachers and children of Etowah County and likely throughout the entire state of Alabama."
The judge set a Nov. 13 hearing to consider a preliminary injunction or a trial on the action.
James, who has vowed to use the Alabama National Guard if necessary to back Moore's Ten Commandments stand, was asked whether he will do the same on the prayer issue. James said he wasn't ready to answer that question "until we see how this plays out," but he praised Moore and pledged his support....
The Birmingham News, Wednesday November 5, 1997
Ten Commandments judge blocks prayer ruling
By Phillip Rawls
ASSOCIATED PRESSAn Alabama judge who displays the Ten Commandments in his courtroom Tuesday blocked a federal court ruling limiting school prayer.
Etowah County Circuit Judge Roy Moore, whose Ten Commandments display is under challenge in a separate case, issued a temporary order preventing U.S. District Judge Ira DeMent's ruling on school prayer from being enforced in the county's public schools.
Moore called DeMent's ruling last week "an unconstitutional abuse of power."
But critics called Moore's own actions Tuesday a throwback to the civil rights era when Alabama officials tried to defy federal court orders.
"It's going to be an embarrassment to the state throughout the United States," said Joseph Conn, spokesman for Americans United for Separation of Church and State.
DeMent, a Republican appointee, ruled Thursday that federal law does not permit most vocal prayers or officially encouraged religious activity in Alabama classrooms and at school events.
He said violations will be subject to contempt proceedings.
The action by the judge came as students at several schools in northeast Alabama staged protests over DeMent's ruling.
More than 400 students at Boaz High School gathered at the start of the school to voice their support for public prayer, and about 60 students walked out of classes at Sardis High School.
"We don't want to have to pray under our breath. We don't want it to be illegal," Sardis student Kristie Gilley said.
On Monday, hundreds gathered at the Etowah County Courthouse to protest the federal judge's ruling.
DeMent's ruling stems from a lawsuit brought against the DeKalb County Schools by Valley Head High School assistant principal Michael Chandler, but DeMent intended it to apply statewide.
Americans United for Separation of Church and State is funding Chandler's suit.
Conn, the group's spokesman, said a state court judge can't override a federal judge, so Moore's ruling shows "he's on the fringe of the judicial system."
But Moore said the federal judge's ruling doesn't apply to Etowah County because the county was not a party to the federal court litigation.
Chandler's attorney, Pamela Sumners, said Moore's defiance of the federal court order is reminiscent of when Alabama officials tried to defy federal judges in the civil rights era.
"All it is is posturing in the courthouse door like we did 30 years ago," she said.
Montgomery Advertiser, Wednesday November 5, 1997
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