american atheist magazine oct 1985
TRANSCRIPT
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October 985
A Journal of Atheist News and Thought
$2.95
efcoul is:
g.ustworthy. A Scout tells the truth. He keeps his promises. Honesty is part of his
code of conduct. People can depend on him. .
ci?oyal. A Scout is true to his family, Scout leaders, friends, school and natir n~
telpful. A Scout is concerned about other eORle.He 0 . gs · 1 1 ~ r
others without payor reward.
9;.iendly. A Scout is a fClienoJ t). a e seeks to
understand othe . B~ respecl1&l, se
lidi'
eas and custom ot IS own.
< ((ourteo '.
SCOI '
polife to everyone tega
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AMERICAN ATHEISTS
is a non-profit, non-political, educational organization, dedicated to the complete and absolute separation of state
and church. We accept the explanation of Thomas Jefferson that the First Amendment to the Constitution ofthe
United States was meant to create a wall of separation between state and church.
American Atheists are organized to stimulate and promote freedom of thought and inquiry concerning religious
beliefs, creeds, dogmas, tenets, rituals and practices;
to collect and disseminate information, data and literature on all religions and promote a more thorough
understanding of them, their origins and histories;
to advocate, labor for, and promote inalllawfulways, the complete and absolute separation of state and church;
to advocate, labor for, and promote in all lawful ways, the establishment and maintenance of a thoroughly
secular system of education available to all;
to encourage the development and public acceptance of a human ethical system, stressing the mutual sympathy,
understanding and interdependence of allpeople and the corresponding responsibility of each individual in relation
to society;
to develop and propagate a social philosophy inwhich man is the central figure who alone must be the source of
strength, progress and ideals for the well-being and happiness of humanity;
to promote the study of the arts and sciences and of all problems affecting the maintenance, perpetuation and
enrichment of human (and other) life;
to engage in such social, educational, legal and cultural activity as willbe useful and beneficial to members of
American Atheists and to society as a whole.
Atheism may be defined as the mental attitude which unreservedly accepts the supremacy of reason and aims at
establishing a lifestyle and ethical outlook verifiable by experience and the scientific method, independent of all
arbitrary assumptions of authority and creeds.
Materialism declares that the cosmos is devoid of immanent conscious purpose; that it is governed by its own
inherent, immutable and impersonal laws; that there is no supernatural interference in human life; that man
-finding his resources within himself - can and must create his own destiny. Materialism restores to man his
dignity and his intellectual integrity. It teaches that we must prize our lifeon earth and strive always to improve it. It
holds that man is capable of creating a social system based on reason and justice. Materialism's faith is inman and
man's ability to transform the world culture by his own efforts. This is a commitment which is in very essence life
asserting. It considers the struggle for progress as a moral obligation and impossible without noble ideas that
inspire man to bold creative works. Materialism holds that humankind's potential for good and for an outreach to
more fulfillingcultural development is, for all practical purposes, unlimited.
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American Atheists - P.O. Box 2117 - Austin, TX 78768-2117
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October, 1985
Vol. 27, No. 10
m e r i c n t h e i s t
A'Journal of Atheist News and Thought
Editorial: On Seizing Power - Jon G. Murray
2
Ask A.A.
4
News and Comments
God's Little Bastions: The Boy Scouts
5
The Secretary of (Private) Education
11
Meese's Original Intention
14
Marti and The Mass
19
Dial-An-Atheist
19
Massachusetts Atheists - Brian Lynch
2
Abner Kneeland and God: The Roots of a Blaspheme-In
23
The Atheist Next Door - David J. Mann 25
The Prospect of Physical Immortality, Part II: Stalling The Reaper - Frank R. Zindler
27
Poetry
3
Allah in The Dock - Margaret Bhatty
31
Historical Notes
33
An Inquiry About God's Sons
34
Book Reviews
36
Me Too - John Sikos
37
Letters to the Editor
38
Crosswords
39
Reader Service 40
On The Cover: Individuality is receding in America at a rapidly increasing rate. This can be seen in the group-like manner inwhich people dress, the
faddish popularity ofcertain styles ofmusic, the election of stereotyped political personalities, the contagiously-acquired usage ofdrugs - but most of all,
inthe manner inwhich mind-sets are transferred from generation to generation. The latter ofthese drifts from individualism isperhaps the most subtle -
the least noticed. Itstems from the usual conformities, acquired inchildhood, inany society; the authoritarianism ofparenthood; the requirements ofstrict
nationalism (fascism). But most ofall itstems from the synthesized insanities ofreligion- reverence No better example exists than that ofthe Boy Scouts
of America. As you read this month's issue of American
Atheist
you may become more aware of the psychologically damaging effect that practiced
conformity has on the people of a nation - why few people object to the programmed dissolution of individuality that is plaguing our nation. The
destruction ofsingularity ismanipulated through the props and fetishes and fantasies ofa god-system from which only the strongest of individuals can ever
hope to escape. Individuality is the only true enemy of religion and fascism. Itcould never be tolerated in a Christian Nation.
-G.
Tholen
Editor/R.Murray-O'Hair,EditorEmeritus/MadalynO'Hair,ManagingEditor/Jon
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Page 1
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E D ITO RI L
Jon
G Murray
ON SEIZING POWER
I have seen the inability to communicate
.bring one plan of action after another to an
end. Consider the following. Ifyou put one
dozen Atheists into a room together, locked
the door, and asked them to come out of the
room at the end of the day with a working
definition of what an Atheist is, the ensuing
debate would erupt into name-calling and
eventual fisticuffswithin hours and the meet-
ing would need to be adjourned. Now put a
group of one dozen right-wingreligionists in
a room and ask them to come up with a
definition of what a conservative is, and
they would emerge with a list of what a good
conservative should be on dozens of issues
and all be inagreement. That isthe essential
problem we face.
This is why liberal causes have always
been championed by inspired
indiuiduals
who have set out on their own to do some-
thing. These individuals have begun with a
naivete that has caused them to wind up in
one sand trap after another along the wayas
they pursued the learn-as-you-go route. The
conservative community knows the value,
on the other hand, of seeking expert advice
often and of following established and
proven business and professional proce-
dures. I emphasize expert advice in distinc-
tion to arm-chair philosopher advice which
often substitutes erudition for working
knowledge. The latter type of advice is well
known to the liberal group.
Let us take a look at what we are up
against in just the years of the Reagan
incumbency via the example of just four
groups. The American Enterprise Institute is
the oldest, founded in the 1940s. Its focus
has been on conservative legal issues such
as school prayer, government financing of
parochial schools, pornography (free press),
communism (free thought), and many oth-
ers. The kingpin of the Enterprise Institute is
Bruce Fein, a legal analyst who used to work
for the Justice Department under former
Attorney General WilliamFrench Smith. A
liberal group spokesperson could not even
get past the security check to get a Justice
Department job.
The Washington Legal Foundation
was founded in 1976 by Daniel J. Popeo.
Popeo is a former trial lawyer for the
Department of the Interior, not some
greasy-suited liberal public defender. He
allegedly started the group with a small per-
~
I
the course of the publication of this
journal it has reported to the Atheist
community many facts concerning various
religious communities and how they bring
their faith to focus in the area of public
policy so as to pressure everyone into
believing. In focusing on the particulars of
various persons or sects, I think that we all
may have made the mistake of missing the
larger view. Conservative religiosity and the
stilted morality that it carries with it is
becoming the bedrock of our political, judi-
cial, and educational systems.
The vast majority of liberal groups on
any issue whether that be state/church sep-
aration, ecology, the economy, civil rights,
consumer protection, free speech, free
press, or freedom of information tend to
focus on particular facts or local situations.
They seldom, ifever, as the old cliche goes,
see the forest for the trees. The leadership
and rank and filemembers seem each to be
fixated on the particular axe that they have
to grind. The opinions of each group are so
diverse beyond the single issue that holds
the group loosely together, that cooperation
with any other generally liberal concern is
virtually impossible. I have had some years
of personal experience in this area as a
cause leader. Virtually no other liberal
cause group willassociate itself with Ameri-
can Atheists for fear that the stigma of our
Atheism and the popular implied commu-
nism that the word Atheism connotes will
sully its supposedly snow-white reputation.
Black rights groups resent the presence of
concerned white liberals at their meetings
because they are whitey. Women's rights
group members feel uneasy with supportive
men who attend meetings. Peace groups
begin and end their marches in a major city
at a church or group prayer and are of-
fended at Atheists or anarchists who join in
the parade. Well-educated, liberal males will
not sitinthe same meeting room withhomo-
sexual males who are interested in the same
.issue and willingto lend their free time to a
group effort for said issue. On and on it goes
until we all wise up.
Meanwhile, back at the ranch (Reagan's
ranch in California), the conservatives are
forming one coalition and think-tank after
another to combat their unorganized liberal
foe. The pro-god, pro-gun, pro-life, pro-
censorship, pro-interventionism, pro-police
Page 2
state crowd are allon good terms among the
leadership, where it counts, and they
scratch one another's backs at
every
turn in
the road. They share information, work to-
gether, share funds, share mailing lists, and
get results. Meanwhile, the liberals fight
themselves as hard as they fight the
enemy. Not very logical, is it? But then who
ever said that logic was part of the liberal
creed. Bruce Fein, one of the founders of a
plethora of new right wing think-tank
groups, said it best as quoted in The
Washington Post
recently: The strategy is
to win the war, not a particular battle. The
left is tactically oriented, he added. That is
exactly the point. The right has never striven
to be different for the sake of being different
alone. They have always had an ulterior
motive, a long range plan. They need not
wear their positions on their backs or have it
reflected intheir office address, as seems to
be the case with their liberal foes. The liberal
has to drive a Volkswagen, wear an old
tweed jacket or jeans, and smoke a pipe
while living in the Village in order to be lib-
eral. A clean officewith modern technology,
presentable attire, the ability to stay out of
jail, and other marks of
establishment
con-
tamination that somehow elude the liberal
are marks of success, not surrender.
The leadership ofAmerican Atheists has
preached about the need for some liberal
coalitions for years now. It only makes good
common sense. Just one example will suf-
fice. What is the one failing that is common
to every struggling cause organization inthis
country, on every issue base? Media access
is the answer. Every cause group in the
country needs to present its message to the
general public in a massive way that pam-
phleteering will never provide. Conserva-
tives are able to get network airtime, satellite
transmissions and the like while we sit and
pump out newsletters to relative handfuls of
people. Why cannot all the liberal groups
unite just around the objective of getting
airtime equal to the conservatives from
major media sources? The coalition re-
quired would only need to be a loose align-
ment to achieve that specific objective. It
need not impinge on the individual auton-
omy of any single group. Yet, such an idea
seems to be elusive to the liberal cause lead-
ership as they focus on distributing a
hundred more mimeographed pamphlets.
October, 1985
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sonal bank loan, a one-room office, and a
hundred dollars worth of rented furniture,
with his wife as a typist. In less than ten
years, the Legal Foundation now operates
out of a fashionable Washington, D.C.,
townhouse with an annual budget of $2 mil-
lion, a staff of fifteen, and 200,000 dues-
payingmembers. Forty percent ofits funding
comes from foundations and corporations
and individuals such as Richard
Mellon
Scaife (note the middle name) and Joseph
Coors. American Atheists has been trying to
get corporate or foundation grants now for
some twenty years and has been turned
down as often as a whore's bed.
The Free Congress Foundation is only
eight years old. Its founder is well-known
New Right activist Paul M. Weyrich. The
foundation's focus isto provide the intellec-
tual power for conservative members of
Congress to back up their right-wing legisla-
tive proposals. If a member of Congress
came to American Atheists for advice, it
would take us months to sort through the
carton boxes of clippings to get an answer,
and by that time the important vote would
be long since over and done. Joseph Coors
provides the major portion of the founda-
tion's $1.9 millionannual budget. No million-
aire will pour funds into a liberal cause,
chiefly because they all look like they are
about ready to fold from month to month.
What a prospectus that is to encourage
investment
The Center For Judicial Studies operates
out of Cumberland, Virginia, and is but two
years old. Its focus isto promote the consti-
tutional theory of strict constructionism. It
publishes a monthly journal called Bench-
mark,
which is distributed to the entire Fed-
eral judiciary, all the state supreme courts,
the U.S. Congress, allthe major law schools
in the country, and naturally the major
media sources as well. The American Athe-
ist
is distributed mainly to individuals who
are not inany positions ofpower whatsoever
and who must be stroked constantly to get
them to admit their Atheism even to their
own bathroom mirror.
Every liberal cause organization must
prostitute its leadership's talent and what
resources itcan muster to the task ofservic-
ing the tunnel-vision concerns of its mem-
bership in return for operating funds. The
funds, in turn, are never enough to do more
than to pay for the mechanical means of
servicing the membership. It is a circle that
leads nowhere. The group never has enough
left over to accomplish its purpose, because
it all goes back into the cost of asking for
more money just to survive.
Meanwhile, the top legal scholar for the
Heritage Foundation joins the White House
staff. A Harvard Law School professor who
provided expertise for several conservative
groups is now Acting Solicitor General. A
law professor working for the Center For
Austin, Texas
Judicial Studies used to be an aide to Jesse
Helms and was the former chief counsel to
the Senate Judiciary Committee. He has
placed a member of his advisory board on
the staff of Attorney General Meese, who in
turn has put him in line for a key Justice
Department assignment. A letter-writing
campaign organized by a network ofFederal
employees bombards individuals and edi-
tors with letters about the greatness of
America as a Christian nation. They have
access to correspondence from the files of
various government departments. The Sec-
retary of Education, whose glorious speech
appears inthis issue, has formally offered to
help school districts delay the implementa-
tion of a recent Supreme Court decision
banning public aid to parochial schools.
That boils down to a government official
supporting lawless activity on the part of
government school systems. The Undersec-
retary of Education can come out in public
and blame the breakdown of our moral
values, the rise of drug abuse, teenage
alcoholism, and the risingsuicide rate on the
absence of prayer in the schools and go
totally unchallenged.
The point that needs to be made here is
that in order to be effective, any cause
movement has to seek to establish itself
within the prevailing system. It cannot labor
totally outside ofthe system and make gains.
The larger goal must be to win the war,
which means making the system as a whole
partial to your particular view. There is no
need to convince masses ofindividuals inthe
streets. They don't count. They have never
counted. They willgo along with those per-
sons who control the system under which
they live. Ideas must become part of the
basic fabric of a culture or educational or
political system in order to be effective.
Being in favor of free speech and free
thought and equal rights must come as
second nature to each new generation
because they have been brought up that
way. The Right wins all the time because it
controls the mechanics of education, of
information distribution, and of law making.
Each of those areas have increasingly con-
servative undercurrents. Each generation
will become more Reagan-like as time
goes on. We must in turn think in terms of
the saturation ofour culture with a different
set of values so that everywhere one turns
one is subtly reinforced with ideas such as
liberty and justice and self-worth and, yes,
the importance of free thought.
In short, the liberal left needs to think in
terms of changing places with the conserva-
tive right. A given liberal would say Are you
saying that I should do the same kind of
dastardly things that the fascists are doing?
The answer is yes. The modus operandi of
the right is effective, so merely apply those
techniques to the furtherance of a different
set of values. Doing so does not make you a
rightist, itmakes you in command. That is
what itis allabout. Ifthe vast majority willgo
along with either position, and history has
proven that they will,then they might as well
go along with the Atheist position as the
religionist position. They can get accus-
tomed to one just as well as to the other.
I keep getting back to analogies with
respect to the Black anti-racism movement
in this country. They finally figured out that
what they had to do was to change places
with their white oppressors. They needed to
be the sheriff, the judge, the mayor, the gov-
ernor, the politician. They set out to fillthose
positions and they have done so step by
step. Itisnow to the point inmost communi-
ties that one dare not discriminate against a
Black. Whites are actually afraid to discrimi-
nate, when they used to enjoy it. We need to
be in the position where religionists are
afraid to discriminate against Atheists in-
stead of enjoying it.
Atheists must become the establishment
instead of resenting it. The sooner we get
that goal firmly fixed in our minds, the
better. ~
ABOUT THE AUTHOR
A second generation Atheist,
Mr. Murray has been the Director of
the American Atheist Center for nine
years and is also the Managing Editor
of the American Atheist.
He advocates Aggressive Atheism.
II
GOD LOVES US F ISHES SO MUCH THAT HE FLOODED
THE REST OF 'EM OUT.
October, 1985
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ASK A.A.
In Letters to
the
Editor, readers
give
their opinions, ideas, and information.
But in Ask A.A. American Atheists
answers questions regarding its poli-
cies, positions, and customs, as well as
queries of factual and historical sit-
uations.
I recently heard you on a radio talk show
saying that Adolph Hitler was a practicing
Roman Catholic. You just hate my church
and you take jabs at it without any proof at
all.
Anne Taylor
Lynchburg, Virginia
A letter in the Reader, Vol. 14, No. 49,
Chicago, Illinois,
on
September
6,
1985,
gives a contemporary answer to this query.
Here is the entire quote:
Hitler's Religion
To the editors:
In his eagerness topass Adolf Hitler
along to Atheists, the Reverend
Chumbley (Letters, May 10) over-
looks the following:
Hitler regarded himself as a [Ro-
man] Catholic until he died: I am
now as before a Catholic and will
always remain so, he told Gerhard
Engel, one of his generals, in 1941.
The Roman Catholic Church never
asked for his excommunication.
When Hitler narrowly escaped as-
sassination in Munich in November,
. 1939, he gave the credit to provi-
dence. Cardinal Michael Faulhaber
sent a telegram instructing that aTe
Deum be sung in the cathedral of
Munich to thank Divine Providence
inthe name of the archdiocese for the
Fiihrer'sfortunate escape. The Pope
also sent his special personal con-
gratulations.
Hitlerwas anti-Semitic; inpersecut-
. ing Jews he repeatedly claimed he
was doing the Lord's work. From
Mein Kampf:
Therefore, I
am
con-
vinced that I am acting as the agent of
our Creator. Byfighting off the Jews, I
am
doing the Lord's Work. At
a
Nazi
Christmas celebration in 1926:
Christ was the greatest early fighter
inthe battle against the world enemy,
the Jews .... The work that Christ
started but could not finish, I - Adolf
Hitler - will conclude. In a Reichs-
tag speech in
1938,
he again echoed
the religious origins of his crusade,
Page 4
believe today that I am acting in the
sense of the Almighty Creator. By
warding off the Jews, I am fighting for
the Lord's work.
Biographer John Toland wrote of
Hitler's religion: Still
a
member in
good standing of the Church ofRome
despite detestation of its hierarchy,
he carried within him its teaching that
the Jew was the killer of god. The
extermination, therefore, could be
done without
a
twinge of conscience
since he was merely acting as the
avenging hand of god ...
Jews were not the only holy vic-
tims. In Yugoslavia, Hitler installed
a
Croatian, Ante Pavelic, as hispuppet.
Pavelic,
a
[Roman] Catholic like
Hitler, began extermination of the
Serbs, who were Greek Orthodox.
The Vatican was not unaware of
the massacres conducted in Yugo-
slavia inthe name of[Roman] Cathol-
icism, but Pope Pius remained quiet
and received Ante Pavelic in private
audience, thereby giving his blessing
to this regime.
There is much more that could be
reported on Hitler's deeds. The
thought that Hitler could see himself,
and be seen by others as providen-
tially guided, protected, and inspired
is chilling. Religionists may keep
Hitler's membership for themselves;
Atheists surely don't want credit for
him.
Rita E. Bell
W. Chase
A friend of mine, who isan Atheist, scrib-
bles out the phrase InGod We Trust on all
the paper money he spends. He isalso in the
habit oftaking post -paid cards from religious
organizations and sending them back with
messages such as: Religion is the problem,
not the solution. Since he hates air pollu-
tion as much as religion, he sends the post-
paid cards from certain magazines back to
them with the message: Stop Tobacco
Advertisements. I think all this is fine, and I
hope it will make people think about what
they are doing, but I just wonder if there is
any danger in this. Could he be arrested if
the authorities find out about it?
Joe Wanner
Pennsylvania
It is only unlawful to write on currency if
October, 1985
one has the intention of changing its value.
For instance, one cannot add a zero after
the five on a five dollar bill. One can, how-
ever, otherwise write any sort of message
one wishes on the bill. Don't worry; hun-
dreds of Atheists write anti-religious mes-
sages or protests against the religious
inscription of In God We Trust
on
the
currency they handle every day. None have
faced anything worse than a strange stare
from a cashier. Infact, we would encourage
Atheists to make this sort of quiet, yet
con-
stant, rebellion against the Christianization
of our country.
As for the second matter - it is unlikely
that your friend would be taken
to
court by
any of the companies involved, unless he
bombarded one company inparticular. We
would, though, discourage him, and any
other Atheists, from doing this sort of thing.
The companies offer those post-paid cards
and envelopes in good faith for the conve-
nience of their customers, just as the Ameri-
can Atheist Center occasionally provides
post-paid envelopes for the convenience of
its members.
And
American
Atheists has been
at
the
receiving end of such tactics as your friend
uses. Once way back when, it provided
post-paid envelopes for all, members, non-
members, and subscribers. But envelopes
were returned once too often affixed to a
brick or a telephone book or filled with
paper junk. The return postage American
Atheists had to
pay was
staggering.Now itonly
sends such envelopes to members. It
is
for
this same reason that American Atheists
does not invoice as some other organiza-
tions do. The number of bilkers (i.e., cheats)
would be overwhelming.
But even with these precautions, The
American Atheist Center suffers from anti-
Atheists. Each day, dozens of bills are
received
at
the National Office for maga-
zines and products which have been or-
dered in the names of our staff members by
persons unknown and hostile.
Also, please remember that when one
writes a protest on one of those cards, the
only person who
sees
itisthe mail clerk who
throws it out. In the long run, it is more
effective to get out pen and paper and write
a letter to the company or individual(s)
against whom one wishes to complain.
Remember the religious people can play
the same game with The
American
Atheist
Center - only they can win by the sheer
force of numbers.
American Atheist
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N E W S N D CO M M E N T S
GOD'S LITILEBASTIONS: THE BOY SCOUTS
Since the ejection ofa young West Virgin-
ia youth from the Boy Scouts because of his
reluctance to recognize a Supreme Being,
the American Atheist Center has been con-
tacted by many Atheists who were Boy
Scouts intheir youth or who presently have
children ineither the Boy Scouts or the Girl
Scouts. One and all refuse to believe that
there is a requirement for the belief in or
acceptance of a god idea in any Boy Scout or
Girl Scout regulations.
The American Atheist Center carefully
documented that such was the case twenty-
fiveyears ago, ten years ago, and presently
with this issue of the
American Atheist
magazine.
The Boy Scouts of America was incorpo-
rated byan Act ofCongress on December 6,
1915. The Articles of Incorporation are re-
produced here for your perusal. Subsequent-
1y, Bylaws were written for the organiza-
tion. They are in full force and effect and
.have always been so.
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CHARTER
Sixty-Fourth Congress of the
United States of America .
at the First Session
Begun and Held at the
City of Washington
On Monday, The Sixth Day
of December
One Thousand Nine Hundred
and Fifteen
AN ACT
To Incorporate the Boy
Scouts of America And
For Other Purposes
SECTION l.
Be
it
enacted by the
Senate
and
House ofRepresentatives of the Unit-
ed
States of America
in Congress
assembled,
That Colin H. Livingstone
and Ernest P. Bicknell, of Washing-
ton, District ofColumbia; Benjamin L.
Dulaney, of Bristol, Tennessee; Mil-
ton A. McRae, of Detroit, Michigan;
David Starr Jordan, ofBerkeley, Cali-
fornia; F. L. Seely, ofAsheville, North
Carolina; A. Stamford White, of Chi-
Austin, Texas
cago, Illinois; Daniel Carter Beard, of
Flushing, New York; George D. Pratt,
of Brooklyn, New York; Charles D.
Hart, of Philadelphia, Pennsylvania;
Franklin C. Hoyt, Jeremiah W. Jenks,
Charles P. Neill, Frank Presbrey,
Edgar M. Robinson, Mortimer L.
Schiff, and James E. West, of New
York, New York; G. Barrett Rich,
Junior, of Buffalo, New York; Robert
Garrett, ofBaltimore, Maryland; John
Sherman Hoyt, ofNorwalk, Connect-
icut; Charles C. Jackson, of Boston,
Massachusetts; John H. Nicholson, of
Pittsburgh, Pennsylvania; William D.
Murray, ofPlainfield,New Jersey; and
George D. Porter, of Philadelphia,
Pennsylvania, their associates and
successors, are hereby created a
body corporate and politic of the Dis-
. trict of Columbia, where its domicile
shall be.
SECTION 2.
That the name of this corporation
shall be Boy Scouts ofAmerica, and
by that name it shall.have perpetual
succession, with power to sue and be
sued incourts oflawand equity within
the jurisdiction of the United States;
to hold such real and personal estate
as shall be necessary for corporate
purposes, and to receive real and per-
sonal property by gift, devise, or
bequest; to adopt a seal, and the same
to alter and destroy at pleasure; to
have offices and conduct its business
and affairs within and without the Dis-
trict of Columbia and in the several
States and Territories of the United
States; to make and adopt bylaws,
rules, and regulations
not
inconsistent
with the laws of the United States of
America,
or any State thereof, and
generally to do allsuch acts and things
(including the establishment ofregula-
tions for the election ofassociates and
successors) as may be necessary to
carry into effect the provisions of this
Act and promote the purposes of said
corporation. (emphasis added)
SECTION 3.
That the purpose of this corpora-
tion shall be to promote, through
October,
1985
organization, and cooperation with
other agencies, the ability of boys to
do things for themselves and others,
to train them in Scoutcraft, and to
teach them patriotism, courage, self-
reliance, and kindred virtues, using
the methods which are now in com-
mon use by Boy Scouts.
SECTION 4.
That said corporation may acquire,
by way of gift, all the assets of the
existing national organization of Boy
Scouts, a corporation under the laws
ofthe District ofColumbia, and defray
and provide for any debts or liabilities
to the discharge of which said assets
shall be applicable; but said corpora-
tion shall have no power to issue cer-
tificates of stock or to declare or pay
dividends, its object and purposes
being solely of a benevolent character
and not for pecuniary profit to its
members.
SECTION 5.
That the governing body of the said
Boy Scouts ofAmerica shall consist of
an executive board composed of citi-
zens of the United States. The num-
ber, qualifications, and terms of office
of members of the executive board
shall be prescribed bythe bylaws. The
persons mentioned inthe first section
of this Act shall constitute the first
executive board and shall serve until
their successors are elected and have
qualified, Vacancies in the executive
board shall be filledby a majority vote
of the remaining members thereof.
The bylaws may prescribe the num-
ber of members of the executive
board necessary to constitute a quo-
rum of the board, which number may
be less than the majority of the whole
number of the board. The executive
board shall have power to make and
to amend the bylaws, and, by two-
thirds vote of the whole board at a
meeting called for this purpose, may
authorize and cause to be executed
mortgages and liens upon the prop-
erty of the corporation. The executive
board may, by resolution passed by a
majority of the whole board, designate
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NEWS ND OMMENTS
three or more of their number to con-
stitute an executive or governing
committee, of which a majority shall
constitute a quorum, which commit-
tee, to the extent provided in said
resolution or inthe bylaws ofthe cor-
poration, shall have and exercise the
powers of the executive board in the
management ofthe business affairs of
the corporation, and may have power
to authorize the seal of the corpora-
tion to be affixed to all papers which
may require it. The executive board,
by the affirmative vote ofa majority of
the whole board, may appoint any
other standing committees, and such
standing committees shall have and
may exercise such powers as shall be
conferred or authorized by the by-
laws. With the consent in writing and
pursuant to an affirmative vote of a
majority of the members of said cor-
poration, the executive board shall
have authority to dispose in any
manner of the whole property of the
corporation.
SECTION 6.
That an annual meeting of the in-
corporators, their associates and
successors, shall be held once in
every year after the year ofincorpora-
tion, at such time and place as shall be
prescribed in the bylaws, when the
annual reports of the officers and
executive board shall be presented
and members of the executive board
elected for the ensuing year. Special
meetings of the corporation may be
called upon such notice as may be
prescribed inthe bylaws. The number
of members which shall constitute a
quorum at any annual or special meet-
ing shall be prescribed in the bylaws.
The members and executive board
shall have power to hold their meet-
ings and keep the seal, books, docu-
ments, and papers of the corporation
within or without the District of
Columbia.
SECTION 7.
That said corporation shall have the
sole and exclusive right to have and to
use, in carrying out its purposes, all
emblems and badges, descriptive or
designating marks, and words or
phrases now or heretofore used by
the Boy Scouts ofAmerica incarrying
out its program, itbeing distinctly and
definitely understood, however, that
nothing in this Act shall interfere or
conflict with established or vested
rights.
SECTION 8.
That on or before the first day of
Aprilof each year the said BoyScouts
of America shall make and transmit
to
Congress a
report of its
proceed-
ings for the year ending
December
thirty-first preceding. * (emphasis
added)
SECTION 9.
That Congress shall have the right
to repeal, alter, or amend this Act at
any time.
Approved 15 June 1916
WOODROW WILSON
*As amended August 30, 1964, Pub.
L. 88-504, 78 Stat. 636.
•
• •
s c • •• u _ c s
The American Atheist is taking the
extraordinary measure of reproducing be-
low the Article ofthe bylaws concerned with
religion exactly as published in Boy Scouts
of America's own literature. We ask each
Atheist who was a BoyScout and each Athe-
ist who has a child in the Boy Scouts to read
this article carefully.
$Ulll1I~ 1/U
POLICIES
ARTICLE IX. POLICIES AND DEFINITIONS
SECTION 1.
Religion
Clause 1. The Boy Scouts of America maintains that no member can
grow into the best kind of citizen without recognizing an obligation to
God. Inthe first part ofthe Scout Oath or Promise the member declares,
On myhonor Iwilldo mybest to do my duty to God and my country and
to obey the Scout Law. The recognition ofGod as the rulingand leading
power inthe universe and the grateful acknowledgment ofHis favors and
blessings are necessary to the best type ofcitizenship and are wholesome
precepts in the education ofthe growing members. No matter what the
religious faith of the members may be, this fundamental need of good
citizenship should be kept before them. The Boy Scouts of America,
therefore, recognizes the religious element inthe training ofthe member,
but it is absolutely nonsectarian in its attitude toward that religious
training. Its policy isthat the home and the organization or group with
which the member is connected shall give definite attention to religious
life. .
Activities
Clause 2. The activities ofthe members ofthe Boy Scouts ofAmerica
shall be carried on under conditions which show respect to the convic-
tions of others in matters of custom and religion, as required by the
twelfth point of the Scout Law, reading, Reverent. A Scout is reverent
toward God. He isfaithful inhis religious duties. He respects the beliefs of
others.
Freedom
Clause 3. In no case where a unit is connected with a church or other
distinctively religious organization shall members ofother denominations
or faith be required, because oftheir membership inthe unit, to take part
inor observe a religious ceremony distinctly peculiar to that organization
or church.
Leaders
Clause
4. Only persons willingto subscribe to these declarations or
principles shall be entitled to certificates of leadership in carrying out the
Scouting program.
Clause 5. Other major policies are set forth inArticle IXof the Rules
and Regulations.
SECTION 2.
DEFINITIONS
In addition to those contained inthese Bylaws, there are others, some
pertaining to the Bylaw material, set forth inArticle IXof the Rules and
Regulations.
Page 6
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NEWS AND COMMENTS
If the Congress of the United States is
bound by its own promulgated principles, it
should vitiate these provisions of the Boy
Scouts as being inderogation of the numer-
ous laws which have been passed by that
Congress all affirming that there may be no
discrimination in our nation based on reli-
gion, race, or sex.
And, there is the rub. Atheism is not a
religion. Therefore, itis not protected. When
Madalyn O'Hair took a case to the United
States Supreme Court, * in which she
demanded that the Court speak to the
meaning ofa preposition, that Court refused
to do so and left a lower court ruling stand-
ing. The request to the court was to clarify if
freedom of religion included the idea of
freedom from religion. The thrust of the
lower court decision had been that itdid not.
In the United States citizens may choose
any ofthe above for a religion, but may not
opt out of the choice. The Reagan adminis-
tration ismaking thismore and more clear to
all.
Just as long as Atheists in the United
States pretend that they do not know about
religious requirements for membership not
alone in the Boy Scouts, in the Girl Scouts,
in the V.F.W., in the American Legion, in
most fraternal organizations, in government
employment, itisjust that long that they will
be treated as fifth class citizens.
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The Boy Scouts ofAmerica are inextrica-
bly intertwined with religious organizations
which promote the Scouts' programs. These
include:
African Methodist Episcopal Church
African Methodist Episcopal Zion
Church
American Baptist Churches inU.S.A.
The American Lutheran Church
Armenian Church of North America
Assembly of God Church
B'nai B'rith
Buddhist Churches of America
Catholic Church, Knights of Co-
lumbus
Catholic PTO
Catholic War Veterans
Catholic Youth Organization
Christian Church (Disciples ofChrist)
Christian Methodist Episcopal
Church
*O'Hair v. Paine #1190U.S.S.c., Oct. Term
1970.
Austin, Texas
Church of Brethren
Church of Christ, Scientist
Church of God
Church of Jesus Christ of Latter-day
Saints (Mormon)
Church of Nazarene
Congregational Church
Eastern Orthodox Churches
The Episcopal Church
Evangelical Lutheran Church
Federation of Islamic Associations in
the U.S.
Jewish War Veterans
Knights of Columbus
Lutheran Church inAmerica
The Lutheran Church, Missouri
Synod
Methodist Episcopal Church
Missionary Baptist Church
Moravian Church in America
National Baptist Convention of
America
Presbyterian Church (U.S.A.)
Progressive National Baptist Conven-
tion, Inc.
Public Parochial School (Roman
Catholic)
Religious Society of Friends
Reorganized Church of Jesus Christ
of Latter-day Saints
The Salvation Army
Southern Baptist Convention
Unitarian Universalist Association
United Brethren Church
United Church of Christ
The United Methodist Church
United Pentecostal Church Inter-
national
Unity Church
Young Men's Christian Association
The Roman Catholic Church originated
the Religious Emblem Program of the
Scouts. The idea to recognize those who
demonstrate faith, observe creeds, and give
service to god originated in 1939 with the
Roman Catholic Archdiocese of Los An-
geles. A program was developed by the
National Catholic Committee on Scouting
and approved by the Council of Bishops in
Washington, D.C. Then a medal was cre-
ated called Ad Altare Dei, a phrase derived
from the Forty-Third Psalm, With joy I
come to the altar of God.
This Ad Altare Dei program provided a
pattern and guide to other religious bodies
as they then created their own versions in
accord with their concepts of spiritual edu-
cation. All of the religious denominations'
Scouting programs are characterized by the
same ideas of exclusivity. Each Scout must
have a religious counselor of his own faith,
October, 1985
work toward a religious emblem which signi-
fies his own denomination, receive his em-
blem in a religious service, and wear the
religious emblem on his uniform centered
above the left pocket flap.
The first religious emblem program in the
Protestant field was prepared and released
in 1943by the National Lutheran Committee
on Scouting under the title Pro Deo Et
Patria. In the same year the Jewish Com-
mittee on Scouting released its program,
made available in 1944, entitled Ner
Tamid. And, the God and Country pro-
gram was developed in 1945 by the Protes-
tant Committee on Scouting.
A typical religious interpretation of The
Scout Law is that issued by the National
Catholic Committee on Scouting and dis-
tributed to Roman Catholic Boy Scouts. It
follows:
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THE SCOUT LAW
The Scout Law is really a definition of
a Scout. Wearing the uniform does
not make the Scout. In fact, the boy
who keeps the Scout Law, even if he
has no uniform, is the real Scout far
more than the one who wears the uni-
form but does not keep the Law. This
is the Scout Law you promise to obey
in the Scout Oath:
A Scout is trustworthy: Character
is what a man is. Reputation is what
people think about him. A youth of
character isworthy oftrust. No one is
worthy of trust who does not recog-
nize his dignity and the dignity of all
men as children of God.
A Scout is loyal: Because our first
loyalty is to God, a Scout is loyal to all
to whom loyalty is due - his parents,
his church, and his country.
A
Scout is helpful:
Christ has told us
that the good turns we do for others
he willconsider as done to him. Our
motive, or the reason why we are
helpful, is that we see Christ in ev-
erybody. Ifour Lord was willingto die
for everybody, a Scout certainly
should be ready to render help. The
whole Scout program gives us an
opportunity to be helpful.
A Scout is friendly:
The basis and
motive of this point of the Law is
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N E W S N D C O M M E N T S
Christian charity. We are all children
of the same father, and brothers of
Jesus Christ. Recognizing this, a
Scout should be a friend to all, and a
brother to every other Scout.
A Scout is courteous: A Scout
should respect the image of God in
everyone. The meaning of love as a
Scout should be taken from the words
of Christ himself - I have come not
to be served, but to serve.
A Scout is kind: This point of the
Law refers mostly to animals. They
exist for our use. They have life and
feeling and God has given them to us
as a trust; as such we must use them
well, never abusing or mistreating
them.
A Scout is obedient: Jesus Christ
gave us an example of perfect obe-
dience throughout his life.This willbe
a difficult point of the Law for a Scout
to keep because itwillmean discipline
and givingup his own willat times. He
should obey, not because the com-
mand pleases him, but because the
one giving i t has the right to do so, is
someone in authority, and is right in
doing so. Disobedience brought death
and sin into the world; obedience
brought our salvation. Real victory
comes from obedience - first to God,
then to all he has placed in authority
as long as they deserve our obe-
dience.
A Scout is cheerful: Joy should be
one of the marks of a child of God. A
Scout will have joy in his heart and
manifest it outwardly by his cheerful
manner.
A Scout is thrifty: Thrift teaches
self-respect, making us unwillingto be
a burden to others. Far from being a
burden, we are able by thrift to help
them. A Scout is deeply concerned
with preserving our natural re-
sources.
A Scout is brave: He can face dan-
ger even ifhe isafraid. He has courage
to stand for what he thinks is right
even if others scorn him.
A Scout is clean: He keeps clean in
body and thought; stands for clean
speech, clean sport, clean habits; and
travels with a clean crowd.
Page 8
A Scout is reverent:
He is reverent
toward God. He is faithful in his reli-
gious duties and respects the convic-
tions of others in matters of custom
and religion.
and subscribe to the Scout Oath or
Promise and Law, as follows:
The Scout Oath or Promise
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On my honor Iwilldo my best
To do my duty to God and my country
and to obey the Scout Law;
To help other people at all times;
To keep myself physically strong,
mentally awake, and morally
straight.
The Rules
&
Regulations of the Boy
Scouts issued to every scout also includes
the following:
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The Scout Law
A Scout is:
ARTICLE IX. PRINCIPLES,
POLICIES, AND DEFINITIONS
PRINCIPLES - OATH,
SLOGAN, PROMISES, MOTTO,
AND CODE
Reverent. A Scout is reverent
toward God. He is faithful in his reli-
gious duties. He respects the beliefs of
others.
SECTION 1.
The Cub Scout Promise, Law of
the Pack, and Tiger Cub Promise
The Scout Oath or Promise and
the Scout Law
Clause
4. AllCub Scouts must know
and subscribe to the Cub Scout Prom-
ise and the Law of the Pack.
lause
3. All Boy Scouts must know
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N E W S N D CO M M E N T S
l e l i l i o u
~ r i n c i ~ l e s n ~
l r a i n i n l
O Y
S C O U T S O F m E R I C
The Boy Scouts of America maintains that no member can grow into the best kind of
citizen without recognizing an obligation to God. Article IX Section 1, Charter and
Bylaws of the Boy Scouts of America.
The BSA does not define what constitutes belief in God or practice of religion. Religious
instruction is a responsibility of parents or the religious institution to which a member
may belong.
The BSA expects a member to accept the religious principles stated in the Charter and
Bylaws, the Scout Oath or Promise and Law, the Cub Scout Promise, the Explorer
Code, and on the membership application.
These commitments are involved:
1. Belief in God.
2. Reverence toward God.
3. Fulfillment of religious duties.
4. Respect for beliefs of others.
The Boy Scouts of America maintains a close working
relationship with authorities of all religious bodies on a
national level. Although Scouting is nondenominational, it
strongly encourages religious loyalty on the part of its
members. The BSA looks to each religious body to
provide for the spiritual training of its members.
Recognition of the spiritual is of great importance as a ,
youth participates in Scouting. This is done through
opportunities to worship at summer camps, camporees,
jamborees, and other Scouting activities.
Scouting members are encouraged to observe religious
practices in Scouting activities which they were taught at
home.
RELIGIOUS EMBLEMS
The purpose of the religious emblems program is to give
members guidance in achievinq the spiritual ideals of the
Cub Scout Promise, Scout Oath or Promise, Scout Law,
and Explorer Code. It gives them an opportunity to
become more aware of what his denomination is doing on
a local, national, or world level. It is a chance to serve and
grow as a participating communicant. Just as a Scout
keeps himself physically strong by camping, hiking, and
other outdoor healthful activities, so also he develops
spiritually and morally by practicing his religion. There are
many differen) religious emblems available so that every
Cub Scout, Boy Scout. or Explorer, regardless of religious
belief, hiS a program to relate to.
To ensure proper religious observance in the unit, the
rabbi, priest, pastor. or imam should serve as chaplain.
BOY SCOUTS OF AMERICA
NO.
5-203
Austin, Texas
The chaplain gives guidance to the youth members and
leaders in all religious matters.
Each year in February, during Scouting Anniversary
Week, the Boy Scouts of America encourages the
celebration of Scout Sabbath or Scout Sunday. This event
is highlighted by the presentation of religious emblems.
One of the purposes of Scouting is to bring its members
closer to the ideals of their faith and country.
RELIGIOUS RELATIONSHIPS
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NEWS AND COMMENTS
Cub Scout Promise
,I, , promise
To do my best to do my duty to God
and my country,
To help other people, and
To obey the Law of the Pack.
The Law of the Pack
The Cub Scout follows Akela.
The Cub Scout helps the pack go.
The pack helps the Cub Scout grow.
The Cub Scout gives goodwill.
Tiger Cub Promise
L
,prom~
to love God, my family,and my coun-
try and to find out about the world.
The Explorer Code
Clause 5. All Explorers must sub-
scribe to the Explorer Code, as
follows:
As an Explorer
Ibelieve that America's strength liesin
her trust in God and in the courage
and strength of her people. I will,
therefore, be faithful in my religious
duties and will maintain a personal
sense of honor in my own life.
• •
KOUIIlt.US.
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The Boy Scouts itself also issues a state-
ment concerned with its religious position,
which is reproduced on the preceding page.
Any Atheist parent withan Atheist child in
the Boy Scouts (or the Girl Scouts) can
challenge Article IX of the Bylaws of the
organization. All you need do is put your
family, your employment, your place in the
community on the line, and pay any attorney
perhaps $50,000 to $500,000 to wind a case
through the legal channels of the federal
courts up to the United States Supreme
Court. It will only take five to seven years
while you and your family are being excor-
iated by the media every inch of the way.
On the other hand, ifallyou ex-Scouts or
parents ofScouts would fund The American
Atheist Center, the job could be done for
you, while you continue your lifein an unaf-
fected manner.
In the matter ofPaul Trout ofShepherds-
town, West Virginia, after seven years inthe
Scouts he qualified inJune, 1985, for promo-
Page 10
tion to Life Scout. While being interviewed
by his local Scout Review Board he told its
members he did not believe in a Supreme
Being but rather had complete belief in self
and self-reliance.
The Review Board contacted the current
Chief Scout Executive at the Scouts' Na-
tional office and was advised
Youth and/or adult members of the
Boy Scouts of America must meet
certain membership requirements.
One of these requirements is belief in
a Supreme Being.
Ifa person does not have beliefin a
Supreme Being, then they [s ic] can-
not be a member of the Boy Scouts of
America.
The Trout familysimulated amazement at
the requirement and stated that neither the
Scout handbook nor registration materials
specify that explicit belief in god is a re-
quirement. When faced with the Scout
Oath, which reads, in part (see above) On
my honor, Iwilldo my best to do my duty to
God and my country, Paul said that he had
not taken such oath literally, that he ap-
proached it as being in the same category as
the nation's Pledge of Allegiance - basi-
cally, a mouthed requirement which had lit-
tle meaning. Paul, who said that he re-
spected the rights ofothers to believe ingod,
petitioned the Scouts to permit him to
remain in the organization and to gain the
Eagle rank he coveted.
The Scout hierarchy replied that the
t N. Tr out
Mr . , Mr s. Rober
POBOX 66 5443
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tai mem cr . .n
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N E W S N D CO M M E N TS
This was sixty years ago. Within two
generations, thanks in no small part to the
education and example offered by organiza-
tions like yours, America had changed. A
[Roman] Catholic, John F. Kennedy, was
elected President, and the issue of divided
loyalty was laid to rest. The passage of fed-
eral aid to education in 1%5, with provision
for aid to all needy students, reflected an
acknowledgement of the clear legitimacy of
[Roman] Catholic and other private schools.
The long history of bitter religious division
seemed over. And in a sense it was over.
But in a sense it was not. For even as the
traditional sorts ofreligious intolerance were
being largely overcome, a new aversion to
religion was becoming increasingly respect-
able. This new aversion manifested itself in
certain intellectual and social circles; but it
manifested itself politically especially in the
guise of constitutional interpretation. The
same Constitution that had protected the
rights of religious parents, and under whose
aegis a host of religions had found happy
accommodation, now became, in the hands
of aggressive plantiffs and beguiled judges,
the instrument for nothing less than a kind of
ghettoizing of religion.
It would be fruitless here to go into a long
recapitulation of almost four decades of
misguided Court decisions, intensifying in
the last twenty or so years. These decisions
have had two effects: they have thrust reli-
gion, and things touched by religion, out of
the public schools; and they have made it far
more difficult to give aid to parents of chil-
dren in private, church-related schools.
These decisions have hurt [Roman] Cath-
olic parents. But they have hurt public
schools as well, and the children, and the
parents of children, in those public schools.
For neutrality to religionturned out to bring
with ita neutrality to those values that issue
from religion. Value clarification flourished
in our schools, but when public schools in
Kentucky posted the Ten Commandments
in classrooms, the Court found this uncon-
stitutional. The Commandments were taint-
ed, according to the Court, because they are
undeniably a sacred text in the Jewish and
Christian faiths. And public school children
cannot be exposed to any statement ofsuch
faiths. This, we are told, would violate the
teenth Amendment to the U.S. Constitution
in that itdeprived parents and their children
of their rights in matter of selection of
schools and ina measure destroyed the prof-
itable business ofprivate schools and dimin-
ished their property in value.
Page 12
clear principle of separation of church and
state, of religion and the public.
The consequences of this attitude for our
public schools have been damaging. And
these consequences follow from a failure to
appreciate a subtle truth about the relation-
ship between religion, the values and habits
that religion supports, and the requirements
of education among a people charged with
self-government. For example, we in this
country cherish self-government because
we believe inthe dignity ofman. That dignity
is manifested in our possession of unalien-
able rights. Whence come those rights?
Listen: We hold these truths to be self-
evident, that all men are created equal, that
they are endowed by their Creator with cer-
tain unalienable rights ...
As inthe public school cases, in the aid to
parochial school cases I respectfully submit
that the Court has failed to reflect suffi-
ciently on the relationship between our faith
and our political order. The Court has itself
acknowledged the lack of clarity and pre-
dictability in its decisions, that it can only
dimlyperceive the boundaries ofpermissible
government activity in this area. Judge
Antonin Scalia of the District of Columbia
Court ofAppeals, writing a fewyears ago as
a law professor, put it more bluntly: Su-
preme Court jurisprudence concerning the
Establishment Clause in general, and the
application of that clause to governmental
assistance for religiously affiliated education
in particular, is in a state of utter chaos and
unpredictable change. Aid for textbooks
for parochial schools is fine; aid for school
supplies such as maps is not. Bus transpor-
tation to and from school can be provided
for parochial school students; but bus
transportation to and from fieldtrips cannot
be provided. State money can pay for stan-
dardized tests in parochial schools, but not
for teacher-made tests. Senator Moynihan's
famous question - What do you do with a
map that's in a textbook? - has yet to be
litigated.
Itwould be funny ifit were not so serious.
What is serious isa failure on the part of the
Court to reflect on the central importance of
religion inour public life.This isseen vividly
in the recent Felton decision. That decision,
which forbade public school teachers from
teaching remedial classes in parochial
schools, greatly impedes efforts to fulfillthe
Congressional mandate, dating back to
1%5, to provide compensatory services to
all needy students, whatever school they
attend. The Court could not be bothered by
the fact that not one complaint of improper
indoctrination had been filed; that this pro-
gram had, in the words of the Court of
October, 1985
Appeals, done so much good and little, if
any, detectable harm ; that the program had
ignited nothing in the way of divisive con-
troversy - beyond the lawsuit itself. But the
program was ruled unconstitutional because
it excessively entangled church and state.
How? Here is the majority opinion:
Administrative personnel of the public
and parochial school systems must
work together in resolving matters
related to schedules, classroom as-
signments, problems that arise in the
implementation of the program, re-
quests for additional services, and the
dissemination of information regard-
ing the program. Furthermore, the
program necessitates frequent con-
tacts between the regular and the
remedial teachers (or other profes-
sionals), inwhich each side reports on
individual student needs, problems
encountered; and results achieved.
Must work together ... , frequent con-
tact - these features are not praised, as
they should be. Rather these, in the Court's
opinion, are the problem.
We at the Department of Education will
do our best to nullifythe damage done by the
Felton decision to the education of needy
children. We will work with local school
authorities to devise other means to provide
services; and we are about to introduce leg-
islation allowing local school authorities to
convert Chapter One funds into a voucher
program. Such a program would allow par-
ents to use those funds inany school, includ-
ing private ones; and we are confident that
this Supreme Court willfind such a program
passes constitutional muster.
But the broader implications of Felton,
and its predecessors, cannot be nullified by
particular pieces of legislation. The attitude
that regards entanglement with religionas
something akin to entanglement with an
infectious disease must be confronted broad-
ly and directly. It is this attitude that allows
the New
York Times
to speak blithely ofthe
desirability of drawing a line at the parochial
schoolhouse door, as if parochial schools
are somehow less American than public
ones. Itis this attitude that leads the Boston
Globe to label me Secretary for Private
Education when I endorse methods, such
as vouchers and tuition tax credits, that
would foster choice among schools. Itis this
attitude that simply cannot understand why
over three-quarters of the American people
support this Administration in our effort to
restore prayer to our public schools. It is this
attitude, this underlying disposition about
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N E W S N D CO M M E N T S
the place ofreligion, and the values based on
religion, inAmerican life, that we must con-
front directly.
This means refusing to accept that the
reasoning underlying recent Supreme Court
decisions is sound. It means reminding
judges that these decisions are false to the
intentions of the Founders; that, in the
words of Walter Berns, the Court has
launched an interpretation under which the
First Amendment forbids precisely what
many a man in the First Congress went to
such pains to protect - namely, public sup-
port of religion, albeit on a non-discrimi-
natory basis. Itmeans saying what needs to
be said about the relationship ofreligion, and
the values that followfrom religion, and the
preservation of a free society.
Austin, Texas
And that relationship isthis: Our values as
a free people and the central values of the
Judeo-Christian tradition are flesh of the
flesh, blood of the blood.
In saying this, lA e- I - willbe charged
with being divisive: Indeed, a crucial reason
Justice Powell gave for joining the majority
in the Felton case was the potential of such
programs for fostering divisiveness. But the
fact is that the program was in no way divi-
sive; on the contrary, this program,
grounded inthe 1%5 legislation, marked the
overcoming of past tensions. Indeed it isthe
Court's decision in Felton, and the attitude
underlying that and previous decisions, that
fosters divisiveness. It is a great and tragic
irony that, having overcome to so great a
degree the old divisions of Protestant and
October, 1985
Catholic, Gentile and Jew, we now face a
new source of divisiveness: the assault of
secularism on religion. Nothing could be
more divisive than the attempt, in the words
of John Courtney Murray* almost forty
years ago, to channel all government aid
simply and solely towards the subsidization
of secularism as the one national 'religion'
and culture. It would be - it is - tragic
indeed to find that the passing of old-
*John Courtney Murray [1904-1967], lib-
eral American Jesuit theologian who taught
at the Society ofJesus' Woodstock College,
Maryland (1937-1957);advocate ofinterfaith
dialogue.
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NEWS AND COMMENTS
fashioned suspicion of particular religions
has been fo\1owed,with barely an interrup-
tion, by a new suspicion of our broad reli-
gious tradition on the part of secularized
elites, far more sophisticated, a bit better
disguised, but no less divisive, no less repre-
hensible, no less damaging.
To some my language will seem harsh.
But how else is one to react to commenta-
tors heralding the Felton decision on the
grounds that it helps save us from the fate of
Iran and Lebanon? But let us ask: IsAmeri-
can Catholicism a religion of car-bombs and
terrorism? It is not. Does the attempt to
deliver remedial education to needy stu-
dents in parochial schools augur an attempt
to turn the government to the service ofone
religious faith? It does not. Is the Pope a
force for intolerance in the world? Is intoler-
ant Christianity the problem that bedevils
the people of Eastern Europe? Is Catholic
Lech Walesa an Ayato\1ah waiting to hap-
pen? No. The Judeo-Christian tradition is
not a source of fear in the world; it is a
ground of hope.
And what of the United States? Was
George Washington wrong when he argued
that reason and experience both forbid us
to expect that national morality can prevail
in exclusion of religious principle ? Was Jef-
ferson wrong when he asserted that the lib-
erties of a nation cannot be thought secure
when we have removed their only firmbasis
- a conviction in the minds of the people
that these liberties are of the gift of God ?
Has subsequent history made the wisdom of
our Founders obsolete? I do not believe so.
Indeed, our history has, ifanything, deep-
ened the intimate relationship between the
Judeo-Christian tradition and the American
political order. Lincoln understood the Civil
War as a sort of divine punishment for the
sin of slavery - a sacrifice that made possi-
ble under God, a new birth of freedom.
And religious faith was central to the civil
rights movement a hundred years later:
Martin Luther King had a dream. It was a
dream that, as he said, the sons of former
slaves and the sons of former slaveowners
willbe able to sit down together at the table
of brotherhood; and it was a dream that
one day every va\1eysha\1be exalted, every
hilland mountain shall be made low, ... and
the glory of the Lord sha\1be revealed, and
a\1flesh sha\1see it together.
In a word, then: American history - the
fundamental shape of the American expe-
rience - cannot be understood without ref-
erence to the Judeo-Christian tradition, a
tradition which gave birth to us and which
envelops us.
Let me be clear. No one demands doctri-
nal adherence to any religious beliefs as a
condition of citizenship, or as proof of good
citizenship here. But at the same time we
should not deny what is true: that from the
Judeo-Christian tradition come our values,
our principles, the animating spirit of our
institutions. That tradition and our tradition
are entangled. They are wedded together.
When
we
have
disdain
for
our religious
tra-
dition, we have disdain for ourselves.
This Administration is fu\1ycommitted to
the First Amendment. We are fu\1ycommit-
ted to the principles of non-establishment of
religion and tolerance. We are fu\1ycommit-
ted to equal rights for all - for the believer
and no less for the non-believer. But we do
not shy away from what has become an
urgent necessity - a national conversation
and debate on the place of religious belief in
our society.
Iintend to speak up inthis debate; I have a
responsibility to speak up, insofar as many
of these issues come to a head in our
schools. The Administration inwhich Iserve
wi\1continue to press for legislation and,
where necessary, judicial reconsideration
and constitutional amendment to help cor-
rect the current situation of disdain for reli-
gious belief. And we do this for the sake of
our national we\1-being in general, and for
the sake of education in particular. And we
do this for the sake ofeducation in the public
as we\1as in the private schools. For we are
a\1equa\1yheirs and beneficiaries of the same
religious tradition. That is the subtle truth
that, in our time, we should not forget.
MEESE S ORIG INAL INTENTION
Edwin
Meese,
the
Attorney
General
of the
United
States,
a born-again
Christian, delivered the following ad-
dress to the American Bar Association,
in
Washington, D.C.,
on
July
9,1985.
Welcome to our Federal City. It is an
honor to be here today to address the House
of Delegates of the American Bar Associa-
tion. I know the sessions here and those
next week in London wi\1 be very pro-
ductive.
It is, of course, entirely fitting that we law-
yers gather here in this home of our gov-
ernment. We Americans, after a\1, rightly
pride ourselves on having produced the
Page 14
greatest political wonder of the world - a
government oflawsand not ofmen. Thomas
Paine was right: America has no monarch:
Here the law is king.
Perhaps nothing underscores Paine's
assessment quite as much as the eager antic-
ipation withwhich Americans await the con-
clusion of the term of the Supreme Court.
Lawyers and laymen alike regard the Court
not so much with awe as with a healthy
respect. The law matters here and the busi-
ness of our highest court - the subject of
my remarks today - is crucially important
to our political order.
Atthis time of year I'm always reminded of
how utterly unpredictable the Court can be
in rendering its judgments. Several years
October, 1985
ago, for example, there was quite a contro-
versial case, Tennessee Valley Authority v.
Hill.
This dispute involved the EPA [Envi-
ronmental Protection Agency] and the now-
legendary snail darter, a creature of curious
purpose and forgotten origins. In any event,
when the case was handed down, one publi-
cation announced that there was some good
news and some bad news. The bad news in
their view was that the snail darter had won;
the good news was that he didn't use the
Fourteenth Amendment.
Once again, the Court has finished a term
characterized by a nearly crushing work-
load. There were 24,935cases on the docket
this year; 179 cases were granted review;
140 cases issued in signed opinions, 11 were
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per curiam* rulings. Such a docket lends
credence to Tocqueville's t assessment that
in America, every political question seems
sooner or later to become a legal question. (I
won't even mention the statistics of the
lower federal courts; let's just say I think
we'll all be in business for quite a while.)
In looking back over the work of the
Court, I am again struck by how little the
statistics tell us about the true role of the
Court. In reviewing a term of the Court, it is
important to take a moment and reflect
upon the proper role of the Supreme Court
in our constitutional system.
The intended role of the judiciary gener-
allyand the Supreme Court inparticular was
to serve as the bulwarks ofa limited consti-
tution. The judges, the Founders believed,
would not fail to regard the Constitution as
fundamental law and would regulate their
decisions by it. As the faithful guardians of
the Constitution, the judges were expected
to resist any political effort to depart from
the literal provisions of the Constitution.
The text of the document and the original
intention of those who framed it would be
the judicial standard in giving effect to the
Constitution.
You willrecall that Alexander Hamilton,
defending the federal courts to be created by
the new Constitution, remarked that the
want ofa judicial power under the Articles of
Confederation had been the crowning de-
fect ofthat first effort at a national constitu-
tion. Ever the consummate lawyer, Hamil-
ton pointed out that laws are a dead letter
without courts to expound and define their
true meaning.
The Anti-Federalist Brutus took him to
task in the New York press for what the
critics of the Constitution considered his
naivete. That prompted Hamilton to write
his classic defense of judicial power in The
Federalist, No. 78.
An independent judiciary under the Con-
stitution, he said, would prove to be the
citadel of public justice and the public
security. Courts were peculiarly essential
in a limited constitution. Without them,
there would be no security against the
encroachments and oppressions ofthe rep-
resentative body, no protection against
unjust and partial laws.
Hamilton, like his colleague Madison,
knew that all political power is of an en-
croaching nature. In order to keep the
Per curiam refers to a decision issued by
the court as a whole.
Austin, Texas
powers created by the Constitution within
the boundaries marked out by the Constitu-
tion, an independent - but constitutionally
bound - judiciary was essential. The pur-
pose of the Constitution, after all, was the
creation of limited but also energetic gov-
ernment, institutions with the power to gov-
ern, but also with structures to keep the
power incheck. AsMadison put it, the Con-
stitution enabled the government to control
the governed, but also obliged it to control
itself.
But even beyond the institutional role, the
Court serves the American republic in yet
another, more subtle way. The problem of
any popular government, of course, is see-
ing to itthat the people obey the laws. There
are but two ways: either byphysical force or
by moral force. In many ways the Court
remains the primary moral force inAmerican
politics.
Tocqueville put it best:
The great object ofjustice isto substi-
tute the idea of right for that of vio-
lence, to put intermediaries between
the government and the use of its
physical force ...
Itis something astonishing what au-
thority is accorded to the intervention
of a court of justice by the general
opinion of mankind ...
The moral force inwhich tribunals
are clothed makes the use of physical
force infinitely rarer, for inmost cases
it takes its place; and when finally
physical force is required, its power is
doubled by moral authority.
By fulfilling its proper function, the Su-
preme Court contributes both to institu-
tional checks and balances and to the moral
undergirding of the entire constitutional edi-
fice. For the Supreme Court is the only
national institution that daily grapples with
the most fundamental political questions -
and defends them with written expositions.
Nothing less would serve to perpetuate the
sanctity of the rule of law so effectively.
But that is not to suggest that the justices
are a body ofPlatonic guardians. Far from it.
The Court is what it was understood to be
when the Constitution was framed - a polit-
ical body. The judicial process is, at its most
fundamental level, a political process. While
not a partisan political process, it is political
tAlexis de Tocqueville [1805-1859], French
statesman, author, Roman Catholic.
October, 1985
in the truest sense of that word. It is a pro-
. cess wherein public deliberations occur over
what constitutes the common good under
the terms of a written constitution.
As a result, as Benjamin Cardozo [1870-
1935, American jurist] pointed out, the
great tides and currents which engulf the
rest of men do not turn aside in their course
and pass the judges by. Granting that,
Tocqueville knew what was required.
As he wrote:
The federal judges therefore must not
only be good citizens and men of edu-
cation and integrity, ... (they) must
also be statesmen; they must know
how to understand the spirit of the
age, to confront those obstacles that
can be overcome, and to steer out of
the current when the tide threatens to
carry them away, and with them the
sovereignty of the union and obe-
dience to its laws.
On tha