The ACLU Has it All Wrong
Religious Diversity and the Public
Square
©2004 Jefferis Kent Peterson, I
African-Americans have often criticized White America’s attempts
to build a colorblind society as another form of subtle racism, for in
refusing to recognize the real differences of color, ethnicity, and culture,
White Americans treat African-Americans as if they don’t exist
or pretend that African-Americans are just an extension of White society.
The injustice of this colorblind approach is that it robs the country
of the beauty of its diversity through a process of denial. We act as
if we can only be equal if we are all the same, but that is not true
unity. What makes us truly great as a nation is our mutual respect for
our differences of culture and history. The fact that we can get along
even though we are different, is part of the amazing miracle of the United
States, where the motto is E Pluribus Unum: Out of Many One! We have
forged one people out of many cultures and races. Compare our imperfect
unity, with all our problems and past evils of slavery and mistreatment
of Native Americans, to present day Serbia, Iraq, or Turkey, and we come
out looking pretty good. In those places, being of a different tribe
(being Kurdish, e.g.) or different religion (Sunni or Shiite) is reason
enough for government-sponsored programs of ethnic extermination. In
contrast, we not only appreciate our different backgrounds, we celebrate
them in parades. Most Americans do take note of their ancestry and roots,
but we easily fall in love across racial, religious, and ethnic divides.
We do not gain our strength by pretending our differences do not exist,
what makes us strong is our ability to accept each other with full knowledge
of our diversity. That is the unique gift of the United States to the
world.
That is why the ACLU has it all wrong when it wants to cleanse the public
square of all expressions of religious diversity. By denying the people
their freedom of expression and by repressing the popular celebrations
of their faiths, the ACLU has tried to create a “religion-blind” secular
society, whose perverse effect is to rob all Americans of their religious
diversity and uniqueness. The subtle message of the ACLU’s stance
is that we can only be unified if we each agree to deny our commitments
to our religious values and agree to remain silent about our beliefs
in a secular and empty public square. In its zeal to create a wall of
separation between church and state, the ACLU has trampled the First
Amendment’s second clause: “Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof…” When
the people are not free to express their faith in the public square and
give evidence of that expression by religious symbols, the people are
being prohibited from their "free exercise." What makes far
more sense, from a freedom of expression standpoint, is to allow the
public square to have menorahs set up on Hanukkah, crescents on Ramadan,
and crèches on Christmas. The free expression of our different
faiths is part of the tapestry of our diversity that makes our nation
great. The repression of that difference is creating a new “white” society
of enforced secular blindness. By refusing to acknowledge our diversity,
we are creating a fictitious unity that exists only by repressing our
differences. That is neither free, honest, nor true to the American vision.
When diversity is repressed and uniformity is enforced, you come up
with atrocious and offensive attempts to find the lowest common denominator
between people. You have religious celebrations reduced to shallow and
meaningless instruments of commerce, where Christmas and Hanukkah are
called something inane like “Sparkle Season.” Such a shallow
attempt at being inoffensive is a slap in the face to all people who
are truly religious. It is offensive precisely because it attempts to
dismiss deeply held beliefs and reduce them to unimportant aspects of
our culture. No! Let the Jew be Jewish, the Christian be Christian, the
Muslim be Islamic, and the person of no faith hold his head up high.
It is our ability to get along despite our differences which makes us
capable of true unity.
The ACLU’s argument is that if the people are allowed to set up
symbols of their faith in the public square from time to time to reflect
the season, such permission would constitute an establishment of religion
by the state - the state giving its sanction to one religion over another.
If we were to take the logic of the ACLU’s approach to restricting
free, religious speech to the next level, then public rallies by people
of faith could be considered an endorsement because the public streets
are being used with city permission and permit. If someone preaches the
Gospel in the park that could be considered endorsement because the parks
are owned by the state. So, the next logical step is to forbid public
religious rallies and public preaching, because the very permission by
the city council constitutes and endorsement and establishment of religion.
That doesn’t make sense, and the ACLU would not pursue that course
(hopefully), because it would trample on the rest of our First Amendment
freedoms. But, how is allowing each religious group freedom to set up
their icons of faith an establishment of religion? In fact, by allowing
all religions to set up their symbols of celebration, the state would
be declaring its neutrality by not favoring one over another. It would
be allowing all the people their free exercise, without forcing them
to pretend that their religious holidays are just extensions of the state’s
interest in secular commercialism. It is a farce to be told that you
can only have a crèche if you have a Santa Claus along side it,
because it reduces Christianity to an agent of the state’s interest
in commerce. On the other hand, it makes perfect sense to be told that
a menorah can be set up at the same time on the same city hall steps
as the crèche because Hanukkah falls in the same season.
The ACLU is now looking to support lawsuits where other plaques and
placards of historic interest are excised from public consciousness,
as if our national history is so offensive and the people so unable to
cope with religious diversity that the reminders of our religious past
must be quarantined and removed from public display. This secularism,
rather than express neutrality towards religion, makes the state an agent
of hostility towards all religious expression. Removing ”under
God” from the Pledge of Allegiance is just the most notorious example.
However, the next steps are to efface all religious quotations and references
to God from public monuments, the Supreme Court building, our money,
and all public and historic buildings. Such a tactic constitutes an “animus” against
religion and makes the state a persecutor of the people’s religious
expression, both historic and present. This “neutrality” is
a neutrality enforced through a legal fiction, rather than one which
leaves the people of the United States truly free. It is one thing to
separate the church from the state, it is quite another to prohibit the
people from publicly expressing their faith, which is what the ACLU is
doing by attacking the second clause of the First Amendment.
We are not so thinned skinned that a quote from Isaiah on a public monument
is going to destroy our personal religious beliefs, nor are we so stupid
to think the state is therefore endorsing our brand of faith. Perhaps
atheists are so offended by the very idea of religion that they can only
conceive of a neutrality in which all religious beliefs are eradicated
and all religious expression forbidden, but then that betrays the intolerance
of secularists towards people of faith and makes their use of the ACLU
a covert attempt to repress diversity in the U.S. The ACLU now considers
historic quotes on public buildings evidence of an establishment of religion.
They want to remove chaplains from the military and the Congress, since
these religious servants are supported by the public purse. They want
to remove references to Christmas and Hanukkah from public schools and
enforce a de facto secularism on the student body, teaching them in effect
that the only valid way to acknowledge our diversity is to ignore it
and the only way to acknowledge religion is to forbid all mention of
it. It would be far healthier to teach all the children a little bit
about each faith as the occasion arises rather than teach the children
that the idea of religion is so dangerous it must be constantly suppressed.
To my mind, there is no better representation of the beauty and diversity
of America than The Strip in Pittsburgh. (For all you non-Pittsburghers,
The Strip is the import and food warehouse district.) Walking down that
street, you will see a Vietnamese restaurant across from a Mexican food
store, next to an Italian bakery and pasta shop, near Korean and Asian
food dealers, coffee importers, chocolate and pastry shops, Greek food
suppliers, vegetable and fish wholesalers, and street vendors selling
everything from Thai kabobs to soul food and barbeque. This diversity
is the spice of life which makes the ingredients of the American stew
so much richer to the taste. Here, people of all colors and backgrounds
work side by side and enjoy each other. Here, you can taste the richness
of our country and appreciate the beauty of our cultural cloth. We are
stronger for our differences. Our ability to accept one another with
these differences makes us one nation. It is this multicultural vision,
where race and ethnicity are celebrated for their contribution to the
whole, which is the true American hope and ideal. We would be a much
poorer nation if we did not have each other’s gifts to sample and
exchange. That is the vision of American we need to celebrate in our
religious diversity as well: we should not repress it but express it,
and the state needs to get out of the way and let the people be themselves
by being free.
If the ACLU wants to help that vision, it needs to protect minorities
from persecution, surely, but it also needs to stop trying to make the
public square a place devoid of religion. That vision isn’t American,
it isn’t human, and it isn’t real. Only cardboard people
live without beliefs and values, and censoring our deeply held beliefs
does nothing for the foundations of our freedoms.