Freedom of Religion or Apple Pie?
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Debra Eichenbaum is a Legislative Assistant at the Religious Action Center. She is a graduate of Brandeis University. |
Freedom of Religion or Apple Pie? That, in my opinion, is what the choice has been in Congress these last two weeks on not one, but two, pieces of legislation that have been considered: The “Veteran’s Memorials, Boy Scouts, Public Seals, and other Public Expressions of Religion Protection Act” and the “ National Defense Authorization Act.” Even though both of these titles sound innocuous enough, and the latter even seems to have nothing to do with religious freedom, both bills could greatly affect our freedom of religion in this country.
The Veteran’s Memorials, Boy Scouts, Public Seals, and other Public Expressions of Religion Protection Act, or as I call it the “Apple Pie Bill” – because in an Election Year you can vote against the Boy Scouts just as easily as you could vote against Apple Pie – is an attempt to eliminate the possibility of recouping attorney’s fees and out-of-pocket expenses in cases brought under the Establishment Clause. Not only would this bill undo the longstanding practice of victors being awarded fees, a practice instated so that people could actually afford to bring cases to trial, but it would also single out one Constitutional protection for scrutiny above all others: the Establishment Clause. And with the bill only having one target, it is easy to see what the goal of this legislation is: to curtail the number of lawsuits and thereby weaken out 1 st Amendment protections.
The second “Apple Pie” bill that Congress considered was the National Defense Authorization Act, a very important piece of legislation which contained a very troubling provision. Although the provision was couched in terms of freedom of conscience, in actuality the provision attempted to subvert the religious freedom of military members and support proselytizing by chaplains. And worst of all, since this provision was buried deep into the language of a security bill, its backers were taking advantage of an opportunity to attach an irrelevant and dangerous provision to a must pass bill. Fortunately, the provision was removed at the last minute. Unfortunately, it was replaced by language in a Conference Report calling on the Air Force and Navy to rescind their new recently adopted guidelines aimed at remedying the environment of religious intolerance and coercion that is currently felt by cadets.
So what do these two bills teach us? It teaches us that when push comes to shove, it seems like Congress will choose their Apple Pie unless we work together to make our voices heard and offer a better. Who knows, maybe they are cake lovers after all?







