Analysis
James takes the pulpit on religion
By Ted Bryant
Birmingham Post-HeraldIf Gov. Fob James is running for re-election next year, his issue seems clearly defined: The practice of religion in public schools.
That's something the U.S. Supreme Court says can't be done, but it is an issue likely to play well with Alabama's conservative Christians.
The issue is popping up again and again as local school officials issue caveats about praying in schools and, recently, about Christmas plays and songs.
A traditional, live nativity scene was threatened in a Baldwin County school, then singing of religious Christmas carols was questioned in Dothan schools.
The conflicts are arising as a result of a ruling by U.S. District Judge Ira DeMent of Montgomery against vocal prayers, Bible devotions or other school-organized or officially sanctioned religious activities in DeKalb County schools.
When the singing of religious Christmas carols in Dothan schools was questioned, James hastily called a news conference to say the "full authority" of his office will be behind the freedom to sing carols.
James had already planned to be in Dothan to attend a graduation for a drug awareness program for school students.
On Wednesday, two attorneys for the Dothan Board of Education said religious Christmas carols could not be sung at a school event under DeMent's order although the ruling does not appear to address singing carols.
Before James' news conference, Jim Holland, Dothan school board chairman, told schools they could proceed with whatever Christmas programs they had planned.
During the news conference, with some reporters listening in via telephone from across the state, James said the issue of separation of church and state is vital.
"This issue is probably the most important — not probably — it is the most important issue of the day," James said.
At another point, he said, "The issue is that a federal judge has issued an order that is illegal, is not in the Constitution and needs to be defended against in every way."
In a motel conference room packed with supporters, James urged students to proceed with singing such carols as "Silent Night," "Joy to the World," and "O' Little Town of Bethlehem."
Challenging lawyers and judges, James said, "I beg of them to show me where ... the Constitution of the United States or the Alabama Constitution prohibits the acknowledgement of God in public places. I want somebody to show me that."
James also talked at length about a 34-page letter he had written to Judge DeMent earlier this year claiming the federal courts have no jurisdiction over religious matters as they relate to states.
The theme of prayer in schools has been a familiar one for James since his first term in office in 1979-83. At that time, he recalled Thursday, a federal judge in Mobile upheld school prayer, but the ruling was struck down at higher levels.
And it's a them he can be expected to repeat moving into the 1998 election year when James will likely run for a third term although he has made no formal announcement of his intentions.
"I don't know where this journey will take us. I do believe with all my heart that we are legally and constitutionally correct," James said Thursday, invoking the names of Thomas Jefferson, Andrew Jackson and Abraham Lincoln as his "secret lawyers."
The Birmingham Post-Herald, Friday December 5, 1997
Prayer ruling could end Pike County suit
By Malcomb McDaniels
MONTGOMERY ADVERTISERA federal judge's ruling in the DeKalb County school prayer case could bring resolution to what some see as the state's next battle on religion in public schools.
Attorneys in a lawsuit filed by Wayne and Sue Willis, the parents of three Jewish Pike County school students, have agreed to discuss mediation of the case, according to an order by U.S. District Judge Ira DeMent on Thursday. Both sides said DeMent's DeKalb County ruling answered many of the questions raised in their case.
The Willis' claim that their children have been forced to bow their heads for Christian prayers, and were prohibited from wearing Star of David lapels and yarmulkes and harassed because of their Jewish faith. They have asked the court to issue an injunction that would force Pike County school officials to halt religious practices in the school and end the alleged harassment....
The Montgomery Advertiser, Saturday December 6, 1997
Yule songs may be included in school programs
By Dana Beyerle
Montgomery BureauMONTGOMERY — State schools Superintendent Ed Richardson and Attorney General Bill Pryor on Monday plan to tell school officials they can include traditional Christmas carols in yuletide programs.
Richardson said Friday that the action is necessary because "there was so much confusion out in the schools and I felt like so many have overreacted" to a federal court ruling on school prayer.
Richardson said he researched the legal situation concerning religion in schools and concluded that an official statement is in order. That way, he said, Christmas music programs may include songs besides novelty tunes such as "Grandma Got Run Over By a Reindeer."
Attorney General Bill Pryor said he wants to ensure that school officials understand that a federal ruling in a school prayer case involves only one school system.
U.S. District Judge Ira DeMent this year ruled in a lawsuit that most religious activities in school were prohibited under the federal and state constitutions. He outlined prohibited activity in an injunction that applies to the DeKalb County school system.
"I've said that parts of the ruling are wrong, but in the meantime, I want to make sure school officials are not overreacting," Pryor said.
The lawyer for the Civil Liberties Union of Alabama who filed the lawsuit said some religious activities are allowed.
Attorney Pamela Sumners said if students are performing a Christmas program that includes secular songs such as "Jingle Bells," they could add traditional Christmas carols.
"If they were totally, totally religious, and if they were doing nothing but a birth of Jesus play and then a preacher came in and said prayers, that's not allowed during school time," Sumners said. "But if the PTA wanted to do it at 7:30 at night, that's OK."
Richardson's decision came one day after Gov. Fob James told city school officials in Dothan to put religious songs back in a high school Christmas music program.
James announced the action after school attorneys told Dothan High School officials not to allow religious material in the Christmas program. School attorneys were reacting to DeMent's injunction.
"The key is religion has played a major role in our culture, our values and laws in our country, and we felt to include that in programs, there is nothing wrong with the songs," Richardson said.
Religious songs such as "Silent Night" and "Away in a Manger" could be included in school programs "as long as it isn't a purely religious activity," he said.
"There are a number of activities which schools think they cannot do which they can and stay within the confines of the (judge's) religious order," Richardson said.
James told Dothan students to "proceed with Christmas as has traditionally been practiced in this great state." It is wrong to forbid traditional Christmas carols from school programs, He said.
The Tuscaloosa News, Saturday December 6, 1997
Nativity scene OK'd
Baldwin school officials say
script will pass court
guidelines and be well
received by audience
By JOEY BUNCH
Staff ReporterBON SECOUR — The Christmas show will go on at Swift School next week, and it will include a portrayal of Jesus' birth that is government-approved.
Parents voted 29-27 Thursday to allow Swift to stage the play which meant it had to comply with new federal court guidelines about religious expression at school-sponsored events.
Baldwin County school system leaders approved the play's script after Superintendent Larry Newton did a stint as playwright Thursday night.
Swift Principal Linda Capps sent a possible script — written by school secretary Donna Willis — to Newton on Thursday afternoon. Newton took the script home and wrote in a manger scene that he believed would pass legal muster.
On Friday, school board attorney Fred Granade and members of his Bay Minette law firm looked over the script.
"I certainly believe it complies with the federal court ruling" and will be well-received by "everyone who sees it," Newton said Friday afternoon. "We did not in any way demean the Nativity scene, and I feel sure everyone will be happy with the way it's presented."
* * * Newton wouldn't give away the story line, or elaborate on how it will differ from past Christmas presentations that featured children dressed as Mary, Joseph, wise men, shepherds and angels, accompanied by carols sung by the audience.
"I wouldn't want to spoil the mystery for anyone who would want to come and see it," Newton said.
The play will be held at the school Thursday, although the time hasn't been set.
Karen Nelson, vice president of the school's Parent-Teacher Organization, was ecstatic Friday afternoon after learning the Nativity would remain in the script.
Three of Mrs. Nelson's four children have performed in the Nativity scene. Her youngest will start school at Swift next year.
She said some people in the close-knit Bon Secour community have become annoyed by the media attention.
Mrs. Nelson believes, however, that the celebrity focused on the Nativity scene was preordained.
"This has been in the Lord's hands from the beginning," she said. "If there's no Christ in Christmas, then why have the play? I think the Lord wanted all eyes on him at Christmas."
The Mobile Register, Saturday December 6, 1997
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