…whether ‘tis nobler in the mind to suffer the prayers and petitions of religiously inclined superiors, or to file lawsuit against this sea of troubles, and by opposing end them.
--Hamlet (sort of)
Three years after the Air Force Academy adopted new regulations to discourage public prayer at official events, other military academies are fielding complaints that their schools attempt to force religion onto students. Neela Banerjee reports for the New York Times that at the Naval Academy “nine midshipmen recently asked the American Civil Liberties Union to petition the school to abolish daily prayer at weekday lunch, where attendance is mandatory.” Several cadets from West Point have registered complaints about the former head of the academy, Maj. Gen. Robert L. Caslen, who invoked God and the Bible in his speeches to the cadets. The history of this conflict explains why the issue of religious activity in schools has become an aggressive, full-scale assault on both sides.
The landmark 1962 Supreme Court case which struck down prayer in public schools opened the door for legal action against public religious practices in other institutions. In his book With God On Our Side, William Martin details the rise of the religious right in American politics and notes that critics of the Supreme Court’s decision viewed it “as a declaration of war against Christianity, a conviction that has not diminished over time.” Conservative shock and anger at liberals for questioning established religious practices is evidenced by the reaction of Col. John J. Cook III, head chaplain at West Point. When questioned about West Point’s practice of praying before meals, he argues “this is something we have done in the military for centuries.” Noting that the military academies are schools where many students hold devout religious beliefs, he continues “It is not done to make people religious.” Non-religious students, however, still view it as oppressive. Martin notes that despite a 1982 attempt to pass a Constitutional Amendment to protect “individual or group prayer” in schools, over the years liberal lawsuits against public prayers and other religious activities have gradually transformed the public arena into a more religiously-neutral zone.
As courts continue to ban public religious practices based on petitions from a small group of people, conservatives have become irate over the court’s willingness to deny the majority’s opinion in order to acquiesce to the demands of a minority. A majority of students at the military academies do not object to mealtime prayer and Banerjee reports that West Point students surveyed at random reported they did not feel religion was forced upon them. Non-religious students counter that maintaining religious activities show favoritism to those with religious beliefs and therefore should not be permitted in public institutions. Based on historical precedent, it is likely mealtime prayer will be prohibited if the ACLU’S petition to the Naval Academy turns into a lawsuit. This conflict centers on two questions: is any form of public religious activity, even if it does not endorse a particular religion, discriminatory because it excludes those who do not hold any religious beliefs? Should the religious requests of a minority group supersede the religious requests of a majority, so as to ensure that the minority does not feel oppressed by the beliefs of the majority? It is unfortunate that any compromise appears to be unlikely, as each side will accept only the complete legal adoption of their viewpoint.
2 comments:
I will address the questions in Johanna’s final paragraph in reverse order. As to the second question:
The Bill of Rights is in place to protect individual rights, and the individuals who need this protection the most are those who make up minorities. The Establishment Clause is supposed to protect the individual from the oppressive power of a religious majority. Because politically, majority always wins, our legal system must be the means to which minorities can win too. Majority rule is never to trump minority rights.
In this case, the minority cadets speaking out against mealtime prayer are not merely ‘feeling oppressed’, their constitutional rights have been subjugated. I do not believe that it can even be of question whether to honor the majority’s desires or the minority’s individual rights. The fact that the majority agrees on something certainly doesn’t make it right.
In regards to the first question:
Whether the prayer is nondenominational or not is irrelevant to me. Government must be neutral between religion and irreligion as well as religion ‘A’ to religion ‘B’. The reciting of a prayer at a mandatory meal in a publicly funded, higher education institution is not neutral. It is favoring religion. In conclusion, I agree with the cadets in opposition to the mealtime prayer that there is a conflict with the Establishment Clause.
I agree with Rachel. Rights are rights. The desires of the majority are irrelevant, particularly in publicly funded educational institutions. As Rachel pointed out, the Establishment Clause is supposed to protect the individual's rights against a religious majority. I don't see banning public prayer as favoring the minority. I see it as an appropriate measure to accomodate the religious and the nonreligious. If the religious would still like to pray at lunch they may still do so but the school and the professors cannot mandate public prayer. I think that these students who disagree with school prayer are really fighting for the principle of the matter not prayer.
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