The selectmen's decision last week to allow several churches to use a parking space at Old Silver Beach for a prayer booth has created some controversy. More than a few folks are upset at what they perceive to be a violation of the First Amendment of the Constitution which states, "Congress shall make no law respecting an establishment of religion..."
The line between church and state is a blurry one that has been challenged over and over again in recent years. Prayer in schools and religious symbols in public buildings are the usual topics. At least as long as I can remember, Falmouth has stayed above this fray. Every Christmas, there is a creche on the Village Green and every town meeting begins with a prayer. If there is tension over that blurry line, it hasn't been apparent in Falmouth until now.
In all honesty, I went into the meeting last Monday inclined to vote against this request; a prayer booth seemed to be too close to that blurry line for my comfort. However, two things were said by two people that changed my mind.
The first thing was the reverend's statement that the First Amendment protects the freedom of religion, not the freedom from religion.
The second thing was when town counsel advised the selectmen that we had to give everyone an equal opportunity.
That second statement reminded me that the selectmen had given permission to another church to worship on the beach. Is there any significant difference between holding a service on the beach, or putting a prayer station in a parking space? I don't think so. Both organizations are there to pray, in both cases the public knows why these churches are there, and I'm sure that the folks worshiping on the beach would welcome passers-by, just as the folks at the prayer booth hope for them.
The first statement reminded me of the Jehovah's Witnesses. These folks evangelize door-to-door. There is nothing prohibiting them from using public streets to get from point A to point B, and if they wanted to evangelize on a public beach, we could not prohibit it. Indeed, they wouldn't even need to ask permission.
Everyone gets hung up on the first part of the first amendment, which states, "Congress shall make no law respecting an establishment of religion," while forgetting the second part, "or prohibiting the free exercise thereof..." The selectmen could have denied the request, but the result may have been the same – someone (albeit a different someone) would protest based on the First Amendment.
For me, it all comes down to this: By approving this request, did the selectmen make a "law respecting an establishment of religion"?
No. There is no endorsement, no requirement to participate, no subsidy of a religion. It is just a reverse of the Jehovah's Witness at the door, but instead of asking them to leave, you simply walk away.
7 comments:
Sorry Brent, but that was not a smart decision by the board and you definitely pole vaulted the line between church and state.
But here's where I really have a problem...
You seem to be so careful about every decision you make. When it comes to appointments you routinely ask that every candidate be vetted properly, and you ask the board for more time so you can do more research and prepare yourself.
Yet here you had an issue of which there were legitimate questions about church and state. And according to the newspaper this morning, town counsel wasn't prepared to give you any kind of in-depth answer on this. She was there for something else and could only give her cursory opinion. So why not put it off for a week, have town counsel check it out, and then decide?
Either way this is a huge and ugly can of worms. The board's decision was rash, certainly not prudent and possibly dangerous in the precedent it sets.
I hope you reconsider this and change your minds. It's a beach Brent. A town-owned beach. And a prayer booth is not appropriate for a public parking lot.
Anonymous, Town counsel's statement doesn't match the events. The board had held an executive session prior to the public session. Counsel could have left after the executive session, but stuck around during the public session and left only after the discussion of this request. This, and the fact that the chair specifically asked counsel to comment, led me to believe that counsel was there for this purpose.
JJones, I removed your comment because it strayed from the topic. The issue is the First Amendment, not the criminal history of individuals who belong to a particular religious sect. I do not want this discussion to degenerate into a comparison of which religion commits more crimes.
Sorry Brent, the you and the BOS got this one 180 degrees wrong.
No one (correctly)percieves this as a first ammendment issue. It foremost is a separation of chruch and state issue. Secondarily, it is an appropriate use of public space issue.
As to the separation - clear crossing of the line. There is a huge difference between a ceremony (religious or otherwise) on the beach (should be permitted) and the setting up of a prayer booth in the beach parking lot for "informational purposes". (should not have even been considered). By law - there is no prayer in public schools, no 10 commandments posted in courthouses. There should be no prayer booths on public property.
As to the appropriateness - the beach parking lot is for parking while at the beach. This booth, or any other devoted to selling anything....cars, insurance, magazine subscriptions
or soliciting donations for a charity, should not be permitted in a public parking lot. I can go to a flea market anytime I like. I shouldn't even have the opportunityrequirement to have to avoid one on the beach, in the beach paking lot or on any other public property.
With or without Town Cousel's luke warm opinion, there are organizations out there devoted to challenging this type of separation violation. Falmouth need not be in the news yet again in what is certain to be a negative light.
Brent,
You and the selectmen did nothing wrong. This is like those blowhards who come to Town Meeting opposing the use of Community Preservation funds for church reparation.
It has nothing to do with separation of church and state.
When people hear the words "church" or "religion" they automatically assume it has to do with the First Amendment.
They are nothing but wrong and have little knowledge of what the First Amendment and the Constitution is about.
Ron Paul has an interesting article on the subject concerning how Christmas has suddenly become a taboo subject in our country:
http://lewrockwell.com/paul/paul148.html
It touches upon the same objectivist arguments being raised in this case.
I suggest those in opposition calm down, take a breath and try to realize that there is more of a threat from town, state and the federal government (i.e. in the form of taxes, fees and inflation) than a one week prayer booth at Old Silver.
I believe there are some volleyball teams coming to Old Silver Beach on an upcoming Sunday. They will be obstructing the beach from those beach goers who would have wanted to use the beach for swimming and sunbathing during that time. I suppose the only way one could rid the beach of them would be if they were church volleyball teams with names such as "Prayer Warriors".
Thank you, Brent Putnam, for voting in favor of allowing the Prayer Station at Old Silver Beach and for supporting freedom in Falmouth. Thank you for supporting equal access. Thank you for speaking intelligently and educating the public on the First Amendment.
I don't believe for a moment that the great leaders that have gone before us ever intended to prohibit people from expressing and sharing their faith in a respectful manner, but rather they wanted to make sure that their government would not force it's citizens to belong to a certain church or religious establishment like it was done back in England and other European countries.
America was created to give people freedom to choose what to believe, just like God gives us freedom to believe in him or not.I believe in freedom. It is written on the heart of man to want freedom to choose. Let's keep our freedom in America strong and safe.
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