by John Scorsine
Burns, Wyo.
Editor’s note: The beliefs expressed in this column do not necessarily reflect the beliefs of the Fence Post staff or its ownership.
This last week I was privileged to travel to New York and assist with the visit of His Holiness the Dalai Lama. This “simple Tibetan monk” is the spiritual leader of the Buddhist faith; a Noble Prize winner; and, the exiled leader of the Tibetan people. His message of peace, non-violence, loving-kindness and compassion was delivered to thousands at the Beacon Theater on Broadway during four days of teachings and then to throngs of New Yorkers in Central Park.
As I assisted the sponsors of the visit and worked alongside the protective detail assigned to the Dalai Lama by our State Department, I had many opportunities to reflect upon the freedom we all share and often times take for granted; the freedom of religion. My thoughts turned toward the recent debates and legal wrangling over the enshrinement of the Ten Commandments in a courthouse in our Deep South. But, the drama in Montgomery between the Courts and Justice Moore over a granite monument was not the only site where the conflict between church and state rages. Miles City, Mont., has had a six-year battle over a similar monument on the courthouse lawn. Even Cheyenne, Wyo., has a Ten Commandments monument in a public park.
So what is the constitutional issue? Well, there are a few aspects of the Constitution, which come into play. In Article 6, the Founding Fathers made it clear that the piousness of an elected official would not be explored when they said, “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” The clear intent of the drafters of the Constitution was to ensure that we would be a secular government. If there was any question concerning their intent, it was resolved with the adoption of the 1st Amendment. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” It is the first phrase in this prohibition that is cited as “the Establishment Clause” and which ensures the separation of church and state.
The Establishment Clause was first used to define the wall between church and state in 1947. While the case, Everson v. Board of Education, upheld the reimbursement from public funds of the cost of transporting students to parochial, it still outlined in great detail the need to ensure a wall existed between the affairs of church and state. The justices agreed that the 1st Amendment was meant to do more than merely prevent the creation of a state religion. It is meant to prevent any impression that our government supports or give preferential treatment to a religious organization or to any person due to their religious affiliation.
When it comes to the monuments dedicated to the Ten Commandments in courthouses, the argument is that it sends a message that unless you share a Judeo-Christian belief structure, you will be treated unfairly. To that end, last month the Federal Courts in Alabama ruled that the monument in Montgomery had to go. The state judge disagreed and tried to prevent the removal of the monument. He is currently facing disciplinary action from the judiciary council for his defiance of a federal court order, as well he should. I suspect that Justice Moore would be intolerant of the open defiance of any of his judicial orders. The monument has been removed.
After attending the Dalai Lama’s teachings in New York, having had the opportunity to have a conversation with him at a group audience and to receive his blessing, I came aware from the experience with a variety of emotions and thoughts. Perhaps the most emotional event for me was seeing the stark contrast of Buddhist monks, a symbol of peace and non-violence at “Ground Zero,” a location of heretofore-unthinkable violence against our nation. Yet, my primary thought was how proud I am to live in a country where diversity in religious thought is encouraged, where our government is secular based, and each of us is free to practice their religion … or not.
The information provided in this column is based upon general principles of law and should not be relied upon in any manner. It is not the intent of this column, its author, publisher or the Fence Post to provide legal advice to any person. You should address specific legal questions to your family lawyer. In Wyoming, the State Bar can refer you to competent lawyers in your community by calling (307) 634-7823. In Colorado, call the Metropolitan Lawyer Referral Service at (303) 831-8000. Readers in Nebraska can receive referrals from the State Bar Association by calling 1-800-742-3005.
