Thursday, February 26, 1998

Religion bill's promise only mass litigation

The House Judiciary Committee could do the country and the Constitution a service by rejecting, in a vote scheduled for Tuesday, the misleadingly named Religious Freedom Amendment.

The amendment, proposed by Rep. Ernest Istook, R-Okla., begins by disavowing any intent to establish an "official religion" but in its next clause goes on to establish semi-official religions: "the people's right to pray and to recognize their religious beliefs, heritage or traditions on public property, including schools, shall not be infringed."

The mushy language alone is a guarantee of endless litigation should the amendment pass. The specific mention of schools is intended to "put prayer back in the public schools." The amendment may or may not put prayer back in the classroom, but it certainly will put the lawyers there.

The practical effect, say the many religious groups who are skeptical of the amendment, will be to put local political and school officials in the position of mediating which religions use public buildings and how. Their fear -- a well-justified one -- is that those religions will be the ones with a local majority.

Precisely what national problem this amendment would solve is puzzling. Nationwide, worship in public places is not an issue. The courts have laid down generally accepted guidelines. Voluntary, student-sponsored prayer is permitted in the schools; school-sponsored prayer is not. Religious symbols may be displayed, for example, on the courthouse lawn as long as the space is also open to other religious and secular symbols.

One congressional paradox is that the Republican conservatives who profess the greatest reverence for the Constitution are also the most persistent in trying to change it, usually by adding such unnecessary legislative clutter as flag burning, school busing, super majorities for tax increases and prayer in the public schools.

The nation already has a religious freedom amendment -- the First Amendment of the Bill of Rights -- and it has served this country well for 206 years. It does not need to be tampered with now.