Back in high school, I was a member of an excellent
A cappella chorus, whose director was nationally known and whose repertoire
ranged from Broadway show tunes to Russian liturgical music to an ancient Greek
hymn to Apollo. All our music was well
received, but a special crowd favorite was when we sang a unison chant of The
Lord’s Prayer at assembly each week. Lacking
any social sensitivity at the time – I was a true nerd – it never occurred to
me that several of my Jewish friends might have been bothered by
listening. It was just another one of
our numbers as far as I was concerned, and no one ever said anything. I suspect both my Jewish and Christian
friends regarded it much the way I did, as just music, but I do not know for
sure, because like it or not, they never would have spoken.
We nowadays have several Orthodox Jewish friends
whom we regularly see. One of them, a
woman in her mid-eighties, feels pain to this day from having to sit in
homeroom in her Baltimore public school each morning while the class around her
recited The Lord’s Prayer. To her it was
an offense repeatedly rubbed in, from which she still bears a grudge. She was not required to recite it herself,
only to listen as others did, but to her it was a symbol of religious
oppression.
A controversial court case this year arose when
cheerleaders in the small Texas town of Kountz, who regularly waved banners at
games with messages such as “Scalp the Indians” (itself about as socially
insensitive as I was back in high school), decided to replace the banners with
encouraging religious messages. When the
superintendent banned the practice, the cheerleaders (or, as I suspect, their
parents) sued, insisting that they, the cheerleaders, waved the signs
voluntarily and without direction from the school, and the school had no right
to stop them. With support from the
Governor and a temporary injunction from a Texas court, the practice continues. The temporary injunction was based on the
court’s view that students do not shed their Constitutional rights when they
enter a school house. Whether that view
would hold on appeal is problematic.
I’ve mentioned before about the distinction
between adult Liberty to pursue one’s own life goals without government
hindrance, but responsibly mindful of the rights of others sharing the society,
versus the teenage desire for Freedom from all restraint without regard to the
effect on others. It’s part of growing
up. The Constitution and the Declaration
of Independence both promote Liberty, not Freedom. This case is awkward in regard to that
distinction.
The unrestricted freedom of our own thoughts and
religious beliefs is among our most precious rights, as is the right to express
such beliefs. Freedom to practice
religion is written into the Constitution.
About that there is no controversy.
It is when we enter a room, or stadium, with others, that questions
arise. There we are dealing with issues
of expression rather than belief. We’ve
all been to parties or dinners where our spouses have reminded us beforehand to
be careful about what we say about religion or politics, because some of those
who will be there will be offended. We
treat the space as a kind of neutral ground, and express our opinions
responsibly. We do that because the
others there are our friends, and we care about not offending them. It is one step further to treat strangers, or
all classmates, as our friends, but it is a step worth taking. Christian doctrine, which the cheerleaders
are striving to practice, tells that the Apostle Paul wrote, “If because I eat
meat it causes my brother to do wrong, then I will not eat meat…” Does the anger and frustration of those
feeling religiously oppressed qualify as the “doing wrong” that must be
prevented under that doctrine? Aside
from that, simple civility would say much the same about voluntary sign waving
when alternatives are available. Signs
of encouragement that are not overtly religious should be easy to come up
with. There’s the prohibition in
Constitutional law against “shouting fire in a crowded theatre.” And there’s the nexus implied by the
cheerleaders being perceived by the crowd as agents of the school, whether they
themselves feel that way or not. Where
does that all fit into the Kountz picture?
The courts, and those serious about their religious belief, may have
their hands full on this one.
However the courts may finally hold on this one,
the cheerleaders would do well to consider the silent voices in the crowd; even
in the small Texas town of Kountz there may be those who are oppressed for a
lifetime by having always and everywhere to listen to or view beliefs contrary
to their own, knowing that any objection on their part would bring with it
social ostracism. Football fields are neutral
places for recreation, not pulpits, where even the strangers seated next to us
should be our friends.