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Tag Archives: establishment clause

White House – petitions: removing "Under God" from the Pledge of Allegiance

24 Saturday Sep 2011

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

establishment clause, Petitions, Pledge of Allegience, We the people, White House

Previously:

White House: petitions – We the People (September 22, 2011)

Those who ignore history are, well….stupid (October 25, 2007)

The White House started an online petition process on September 22nd, with an initial staff review threshold of five thousand signatures for petitions submitted through the process. Several petitions have quickly reached that threshold, including one to legalize marijuana, one to abolish the TSA, and, as of this writing in third place (with over 9,000 signatures), one to remove “Under God” from the Pledge of Allegiance:

We Petition the Obama Administration to:

Edit the Pledge of Allegiance to remove the phrase “Under God”.

The Pledge of Allegiance is said every day in schools across America. It is a government sanctioned speech, and should remain neutral in matters of religion. In its current state, it supports the existence of God, which goes against several religions, and supports others. This bias should not be supported by the country according to the Establishment Clause of the First Amendment to the United States Constitution.

Created: Sep 22, 2011

Issues: Civil Rights and Liberties, Human Rights

In 1943, as described in WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624, the text was:

…’I pledge allegiance to the Flag of the United States of [319 U.S. 624, 629]  America and to the Republic for which it stands; one Nation, indivisible, with liberty and justice for all.’…

Note what is missing.

The pledge is not a founding document:

The Pledge of Allegiance was written in August 1892 by the socialist minister Francis Bellamy (1855-1931). It was originally published in The Youth’s Companion on September 8, 1892. Bellamy had hoped that the pledge would be used by citizens in any country…

In 1954:

History of the Pledge of Allegiance:

….the Knights of Columbus mounted a campaign to add the words “under God” to the Pledge. The nation was suffering through the height of the cold war, and the McCarthy communist witch hunt. Partly in reaction to these factors, a reported 15 resolutions were initiated in Congress to change the pledge. They got nowhere until Rev. George Docherty (1911 – 2008) preached a sermon that was attended by President Eisenhower and the national press corps on 1954-FEB-7….

And, back to WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624, no individual is under any compulsion to recite the Pledge of Allegiance in whole or in part:

….A person gets from a [319 U.S. 624, 633]  symbol the meaning he puts into it, and what is one man’s comfort and inspiration is another’s jest and scorn….

….Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity….

….Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard….

….If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us….

[emphasis added]

In a time of war, no less. In 1943.

HJR 38: While we're at it, let's defund public education and gut the establishment clause

08 Friday Apr 2011

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

education, establishment clause, General Assembly, Jay Barnes, missouri, right wingnuts, vouchers

A twofer!

They never quit. Introduced last week:

FIRST REGULAR SESSION

HOUSE JOINT RESOLUTION NO. 38

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE BARNES.

2132L.01I                                                                                                                D. ADAM CRUMBLISS, Chief Clerk

JOINT RESOLUTION

Submitting to the qualified voters of Missouri an amendment repealing section 7 of article I of the Constitution of Missouri, and adopting one new section in lieu thereof relating to public aid for education.

Be it resolved by the House of Representatives, the Senate concurring therein:

           That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2012, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:

           Section A. Section 7, article I, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 7, to read as follows:

           Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship. Notwithstanding this or any other provisions of this constitution, the general assembly may provide grants, scholarships, loans, or other assistance to students and to parents of students to pay for education at any accredited school of elementary or secondary education they select, including religious schools.



           Section B. Pursuant to chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the General Assembly to adopt ballot language for the submission of a joint resolution to the voters of this state, the official ballot title of the amendment proposed in section A shall be as follows:

           “Shall the Constitution of the State of Missouri be amended in a manner consistent with the First Amendment to the United States Constitution so as to prevent discrimination in the distribution of public funds by allowing religious people and institutions to receive aid on the same terms as everyone else?”.

[emphasis in original]

Why retain the first sentence when the second one negates it? Just asking.

And the ballot description is priceless. Who’d have thought that the oppressive majority of non-religious people in the State of Missouri could keep up their dominance of the body politic for so long until, thankfully, the sponsor noticed this problem and came up with a simple solution. Praise Quetzalcoatl.

The sponsor?:

…He previously worked as….a policy counsel and speechwriter for Governor Matt Blunt…

That inspires confidence.

HB 424: Merry Chrismahanakwanzukah – this time, with more feeling

09 Wednesday Feb 2011

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

Chrismahanakwanzukah, Doug Funderburk, establishment clause, General Assembly, HB424, missouri

Pastafarians are gonna want equal time. Brace yourself for a month of “Talk Like a Pirate Day” across Missouri.


Pirate Fish image courtesy of the CotFSM.

From 2010: HB 1425: Merry Chrismahanakwanzukah (January 11, 2010)

For this session it’s the same sponsor and the same bill:

FIRST REGULAR SESSION

HOUSE BILL NO. 424

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES FUNDERBURK (Sponsor), KOENIG, LASATER, WIELAND, BURLISON, LANT, SCHIEFFER AND WALTON GRAY (Co-sponsors).

1062L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 9, RSMo, by adding thereto one new section relating to an official designation of the Christmas season.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Chapter 9, RSMo, is amended by adding thereto one new section, to be known as section 9.025, to read as follows:

           9.025. The day after Thanksgiving Day until midnight December twenty-sixth of each year shall be known and is designated as the “Christmas Season” in Missouri.

Already in this session:

HB 198: Merry Chrismahanakwanzukah redux (January 19, 2011)

As our good friends at Fired Up! ask:

…Just which religious holiday shall the State of Missouri favor in November and December, and what shall the government call those days of mystery?

Good question.

It’s not like job creation and unemployment in Missouri need any attention, right?

HJR 10: Vouchers!

31 Monday Jan 2011

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

education, establishment clause, General Assembly, HJR 10, missouri, vouchers

On January 18, 2011 HJR 10, a bill which would put the defunding of public education on the ballot for a vote in Missouri, was introduced in the House. Vouchers!

If approved by the voters this would gut the establishment clause in the Missouri Constitution which is in, count ’em, two places:

Missouri Constitution

Article I

BILL OF RIGHTS

Section 7

Public aid for religious purposes–preferences and discriminations on religious grounds.

Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

[emphasis added]

Article IX

EDUCATION

Section 8

Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

[emphasis added]

The bill:

FIRST REGULAR SESSION

HOUSE JOINT RESOLUTION NO. 10

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BARNES (Sponsor), DIECKHAUS AND JONES (89) (Co-sponsors).

0842L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

JOINT RESOLUTION

Submitting to the qualified voters of Missouri an amendment repealing section 8 of article IX of the Constitution of Missouri, and adopting one new section in lieu thereof relating to educational freedom.

Be it resolved by the House of Representatives, the Senate concurring therein:

           That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2012, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article IX of the Constitution of the state of Missouri:

           Section A. Section 8, article IX, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 8, to read as follows:

           Section 8. [Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any] The parents or guardians of children in this state shall have the freedom to choose any school for their minor children to attend and, should they choose a school outside that assigned to them by geographical location, then shall be provided with a stipend to pay for education at any accredited school of elementary or secondary education in an amount equal to the amount that would otherwise be paid by local and state government for the child to attend the public school in his or her school district. Notwithstanding this provision, no grant or donation of [personal property or] real estate shall ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

           Section B. Pursuant to chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the General Assembly to adopt ballot language for the submission of a joint resolution to the voters of this state, the official ballot title of the amendment proposed in section A shall be as follows:

           “Shall the Constitution of the State of Missouri be amended to delete the ban on providing state funding to educational facilities controlled by religious organizations and replace it with a provision ensuring the freedom of parents or guardians of minor children to choose any accredited school of elementary or secondary education with the use of public funds?”.

[emphasis in original]

Notice what gets cut out [in brackets]?

Do you suppose that Representatives Barnes, Dieckhaus, and Jones (r) aren’t originalists when it comes to the Constitution? Just asking.

HB 198: Merry Chrismahanakwanzukah redux

19 Wednesday Jan 2011

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

Chrismahanakwanzukah, Constitution, establishment clause, General Assembly, HB 198, missouri

Oh, brother:

FIRST REGULAR SESSION

HOUSE BILL NO. 198

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES DENISON (Sponsor), HOUGH, DUGGER, COX, KELLY (24), WALLINGFORD, KORMAN, BRANDOM, GATSCHENBERGER, POLLOCK, RUZICKA, FRANZ, SCHNEIDER, STREAM, LEARA, NOLTE, DIEHL, SHUMAKE, ROWLAND, FUNDERBURK, HINSON, NANCE, RIDDLE, SCHAD, CIERPIOT, MOLENDORP, JONES (63), AULL, McNEIL, BROWN (50), SWINGER, WEBB, CONWAY (27), HODGES, QUINN, BLACK, KRATKY, McDONALD, MEADOWS, FALLERT, CASEY, SCHIEFFER, WELLS, FISHER, SATER, ALLEN, CAUTHORN, LICHTENEGGER, SILVEY, BROWN (116), THOMSON, LAUER, CRAWFORD, ELMER, WHITE, DAVIS, BRATTIN, WIELAND, SCHATZ, HOUGHTON, PHILLIPS, GRISAMORE, SCHOELLER AND DAY (Co-sponsors).

0876L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 9, RSMo, by adding thereto one new section relating to designation of Christmas Day in Missouri.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Chapter 9, RSMo, is amended by adding thereto one new section, to be known as section 9.012, to read as follows:

           9.012. December twenty-fifth of each year shall be known and designated as “Christmas Day” in Missouri, and shall be set apart as a day in honor of the Christian feast commemorating the birth of Jesus Christ.

[emphasis added]

Establishment clause, anyone?

Sponsored by the usual suspects who haven’t bothered to read the Missouri Constitution:

Missouri Constitution

Article I

BILL OF RIGHTS

Section 7

Public aid for religious purposes–preferences and discriminations on religious grounds.

Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

If they pass this they’re gonna have to designate September 19th as “Talk Like a Pirate Day” for Pastafarians.

Article IX

EDUCATION

Section 8

Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

Oh, they must have thought it was The Santa Clause.

Previously:

HB 1425: Merry Chrismahanakwanzukah (January 11, 2010)

HJR 62: brace yourself for “Talk Like a Pirate Day” (May 5, 2010)

Has Matt “baby” Blunt ever bothered to read the Missouri Constitution?

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

"baby" Blunt, Constitution, establishment clause, missouri, religion

Governor Matt “baby” Blunt still doesn’t seem to understand the Missouri Constitution. Or, has he ever bothered to read it?

Article I, Section 7

Public aid for religious purposes–preferences and discriminations on religious grounds.

Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

And, there’s this:

Article IX, Section 8

Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

With all that, why is he bothering with this?

JEFFERSON CITY – Gov. Matt Blunt today unveiled Faith-Based Missouri, his new initiative to increase cooperation between state government and faith and community-based groups in providing services to Missourians in need….

….Blunt announced the first step of Faith-Based Missouri, a five person team he charged with studying how we can improve relations between state government and religious and secular charities.

The team will include three Missourians with life-long ties to faith-based communities and state employees who share the governor’s commitment to building Faith-Based Missouri.  The community team members will travel the state to meet with leaders in Missouri churches and charities to learn:

  1) what we are doing right

  2) what we are doing wrong

  3) what we can do to encourage greater cooperation

Well, according to the Missouri Constitution you can’t give them any funds, can you?

He must be trying to shore up his eroding base.

The press release continues:

….The governor and agency directors will rely on the Faith-Based Missouri team for guidance and suggestions as to how the state can better transform lives and empower Missourians….

How about operating government with a premise other than “suffering is good for everyone but the advantaged?”

The following individuals have been appointed to the “team”:

The governor announced the following Missourians have agreed to serve on the inaugural Faith-Based Missouri team:

Dr. Reynaldo Anderson, of St. Louis, is an assistant professor of education at Harris-Stowe University. Dr. Anderson has published numerous articles regarding the African American experience. His life has been varied with involvement in the United States military, grassroots political activity, church and academic research and study. He is a dedicated member of Saint Peter AME Church in St. Louis.

Rev. Andrew Rollins III, of Kansas City is an ordained Itinerant Elder in the AME Church whose family has a long history of ministry and community service. As a youth he was nurtured on the civil rights movement and at an early age he became concerned about the state, future and destiny of his community.  He believes the mission of the church should be holistic ministering to the spirit, and soul and body.

Sheriff Greg White, of Cole County, is an ordained Baptist minister with a lifetime of experience in serving his fellow Americans. He understands how to bridge religious and cultural divides, and has some innovative ideas on how faith-based organizations can serve Missourians through disaster response coordination.

Ed Martin, of Jefferson City, serves as Gov. Matt Blunt’s Chief of Staff.  Martin was the Father McGivney Fellow for Rights of Conscience with Americans United for Life and is an active member in the Catholic Church. He previously served as director of the Human Rights Office for the Archdiocese of St. Louis and as chairman of the Papal Visit Committee for Social Concerns for Pope John Paul II’s visit to St. Louis.

Angel McCormick Franks, of St. Louis, is the Director of the Office of Supplier and Workforce Diversity and has traveled the state working to promote diversity within the state government and improve the opportunities for women and minorities to access state employment opportunities and state contracts.

Obviously Ed Martin isn’t going to be relying on the Missouri judiciary for help on this particular task.

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