The Court House ~ A Loudouner’s Heritage

It seems fitting that a discussion regarding the First Amendment should be acted out on the landscape of the Loudoun County Court House. Those grounds are in many ways hallowed by actions which have occurred there.  The horrific commerce of slavery was conducted there for decades. In 1861 some 550 Union POWs were stockaded there after the Battle of Ball’s Bluff. It is where hundreds of farmers lost their farms to tax sales during the Depression and where today we commemorate our Loudoun war heroes fallen in fields afar.

It is also fitting that this First Amendment discussion occur with the viewscape which is Leesburg’s. In three years we will celebrate the Bicentennial of our guardianship of the very documents we discuss. In 1814 the British burned Washington during the War of 1812. The Declaration of Independence, the Constitution with its Bill of Rights and other federal documents were all brought to Leesburg for safekeeping.

Indeed, a most proper place.

The Uniqueness of Being American, Christian, and Atheist

I’m a big fan of the First Amendment. It  is democracy’s “opposable thumb”, separating us from other less fortunate forms of government. Freedom of Religion and Freedom of Expression are the twin keystones of that which distinguishes us as Americans:

Amendment I
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

I’m also a big fan of Jesus Christ.  Within the 66 books that make up the Christian Bible lies religion’s “opposable thumb”, the single verse we’ve labeled John 3:16. This verse separates Christianity from all the other world religions, as it does not require its followers to perform any particular acts, but to simply believe:

John 3:16
“For God so loved the world, that he gave his only begotten Son, that whosoever believeth on him should not perish, but have eternal life”.

In some ways I am even a fan of the American Atheist.  I like the logical approach in their belief system. I like the men they’ve chosen to display on their monthly billboard at the courthouse, men like Einstein, Lennon, Sagan, Jefferson and Newton.  I agree with premise that state and church are to be separate. Where they lose me of course is with their “opposable thumb”, their lack of belief in a deity:

atheists.org
“Atheism is the lack of belief in a deity, which implies that nothing exists but natural phenomena (matter), that thought is a property or function of matter, and that death irreversibly and totally terminates individual organic units. This definition means that there are no forces, phenomena, or entities which exist outside of or apart from physical nature, or which transcend nature, or are “super” natural, nor can there be. Humankind is on its own.”

A Parsing of the First Amendment

For such a short Amendment it is huge in content. The first three phrases are relevant in this discussion:

“Congress shall make no law respecting an establishment of religion”

Many people came to America with the desire to worship God as they saw fit. In old Europe religion was often sponsored by the State. Those who didn’t sign up for the established religion were typically persecuted, often to unfortunate ends. The framers of the Bill of Rights wanted to keep the government out of the religion business. Thomas Jefferson used the phrase “separation of state and church” to describe this arrangement.

I do not want anyone in my government telling me how to practice my religion. I do not want anyone in my public schools suggesting or teaching my child how to believe in God.  You’ll find no quarrel here with keeping the state out of my religion, too much evil has been done over the centuries by certain states and even to this day by the theocracies of the Middle East.

 

“or prohibiting the free exercise thereof”

Converse to the establishment of religion by the government would be for government to restrict its practice. By and large, the government is doing a pretty good job of staying out of my religion.  No, I can’t put a mega-church in a quiet neighborhood and yes, one wife is plenty. We as a society can choose paths that are for the good of the public and do not seriously infringe on the parishoner’s right to freely practice as they should see fit.

Yet, one of the stated goals of the America Atheist is to create a solid wall between any public entity and religion. In this militant activism they are getting laws changed so that my free exercise is being constrained.  More on that shortly.

 

“or abridging the freedom of speech”

The final phrase of import in this discussion regards our freedom to speak, well, freely.  By and large you and I get to say whatever we want, when and wherever we want. 

There are some limits we’ve imposed as a society for the good of the whole.  I can’t yell “fire” in the theatre. I can’t tell the stewardess that “I have a bomb”.  I can’t urinate in public nor paint a swastika on the synagogue. The first examples regard public safety the latter regard public respect.

But again, the American Atheists would try to limit my free speech whenever it waxes of religion, in their effort to build a complete division between government and religion.

 

The Great Mistake ~ “Separation of  State and Church” does not equal

“Separation of  State and God”

While the First Amendment mandates that government must stay out of the business of establishing organized religious entities, or promoting one religion over another, in no way can that be construed that God, the idea of a Supreme Deity is to be removed public discourse.

When those 56 “traitors” signed the Declaration of Independence in 1776, they were signing a document that included numerous references to a Supreme Deity. Please don’t tell me that this was group of atheists or agnostics signing their death warrant. Do not tell me that on the evening of July 3, 1776 there were not a lot of prayers being said.

A Gallup poll earlier this year told us that 92% of Americans believe in God or a “Supreme Being”.  Only 7% do not.  This has fallen from 98% in earlier decades. So again, please don’t tell me that only non-believers were assembled 235 years ago to form a new nation, or a few years later to design the Constitution and Bill of Rights.

We’ve had far too much of the “tail” using an activist judiciary in recent years “to wag the dog”. To create this impression that the great divorce of state and church must equal the divorce of state and God. In my stats book 92% is a clear majority. The 7% cannot restrict my country from:

Printing “In God We Trust” on our money.

Including “one nation under God” in my Pledge of Allegiance

Ending my representative’s speech with “God bless America”

And other actions which limit corporate expressions regarding Deity. To do so would be absolutely undemocratic.

Virginia’s “moment of silence” in the public schools is a great way to indicate that there may indeed be a higher being you might want to start your day with, while not proselytizing for any given religion.

The High School Valedictorian in their speech to their colleagues should be able to credit their success to anyone, any God, any atheistic effort.  Such speech cannot be limited.

The Danger of Disprespect

While I’m convinced that too much “tail wagging the dog” has occurred in recent decades,
I also worry that the majority can be too quick to disrespect opposing opinions.  Personally, I am fascinated by other viewpoints. As I mentioned earlier, I like the personalities that the Atheists have been promoting other the past year.

While I believe that this year’s “Santa on a Cross” effigy was easily perceived as hate speech (whether intentional or not) it should have been removed in an orderly manner, not a la vigilante. Regardless of the 92%, the Atheist has as much right as the Christian, Jew, Muslim or any other body to express their viewpoint. Respecting that right is paramount, our nation’s “opposable thumb”.

We certainly need to improve on our decorum. One does not yell out “you lie” during a presidential speech, nor throw red paint on someone’s fur coat. As Loudouner’s I believe we could blaze a path for the entire nation.

 

What would I do?

The current system of appeasement and apportionment clearly is not working. Nobody gets to purely celebrate their beliefs and traditions in Loudoun’s unique version of cage wrestling.

So I would establish some new rules about Court House displays.

First, the County, as a governing body, cannot dictate what constitute acceptable holiday displays. The idea that a Christmas tree constitutes some (acceptable) secular symbol could not be further from the truth. (establishing or promoting a particular religion)

Secondly, since it is public space, the County cannot prohibit religious displays there (“or prohibiting the free exercise of”).

Finally, free speech for all must be respected, but not without public input.

Only a citizens’ committee will work regarding religious displays. A community has every right to establish guidelines and "juries" with that which takes place in its midst. For instance, a landowner on Rt. 15 can not lease out his field for a billboard, Loudoun has sign ordinances. A business owner in Leesburg's historic district can't just go off and paint his storefront purple one day, he must aply to the Board of Architectural review (and he might be turned down).

So I believe such a citizen's committee does not have to approve every application if the display might be perceived as hate speech or ridicule.

Also, I don't believe that promoting free speech means everyone would get to display at the same time.

Christians and Jews traditionally celebrate in December. Let them have the grounds then. If a Muslim group wants to have the grounds to align with Ramadan, let's faciliate that timing. If the Algonkian Indian tribe wants a time, let's make that happen.

I haven't seen a particular timing regarding the Atheist community. Their founder, Madalyn Murray O'Hair was born in April, perhaps April is designated for them. Or since they celebrate the Constitution, let's throw a big party each August, the month in 1814 when Leesburg was its guardian. But to have a monthly display is not correct. It's an abuse of the Leesburg viewscape.

The Pastafarians, since they only exist to ridicule religion. Well, they don't get to play.

We have to find a new way. Right now the only ones benefiting from the battle are DC's media.

 

 

Local Christians simply want to recognize their Advent season. The national furor is being created by others who would displace their freedom of religion.

This banner really does join the spirit of the season and is appreciated. The home page of athiests.org speaks of loving one's fellow man and this compliments that thought.

It's rather big though, are there no size contraints in the County policy, after all, the Court House complex resides in Leesburg's historic district.

The Church of the Flying Spaghetti Monster would not be allowed to play, if Court House Square were my sand box. They exist only to ridicule religion and those who practice. This is far different from the Athiest groups who do not believe in a Diety. This is far different from Athiest groups who believe in a total separation of church and state.

I believe that a community can set standards against hate speech and ridiculing others, something I believe the Obama Administration calls bullying. Comedy hour is for Bill Maher and HBO, not Leesburg's Court House Square.

At Ball's Bluff National Cemetery, a few miles from Court House Square, lie the remains of 54 Union soldiers, 53 of whom are "Unknown". In October of 1861 they were in the service of the United States Army, in the service of President Lincoln, who was trying to mend a fractured nation. Over 600,000 soldiers on both sides died in that "mending" process, without which you and I might not be having this Constitutional discussion today. Let's keep the discussion serious and reverent.