Yesterday the Supreme Court upheld a ruling allowing the town of Greece, NY, to open city council meetings with prayer. In an article on National Review Online, Kevin D. Williamson discusses the common sense approach of the majority of the Court, as well as the phenomenon of “evangelical atheism.”
The vandals have lost one at the Supreme Court. The psalmist surely did not have Anthony Kennedy in mind when he proclaimed “Let the daughters of Judah rejoice because of thy judgments,” but the trumpets should sound any and every time Madalyn Murray O’Hair’s grubby little cult suffers a political defeat.
The case was Town of Greece, N.Y. v. Susan Galloway et al., and the question was whether the town fathers of a Rochester suburb you’ve never heard of were doing violence to the Bill of Rights by allowing citizens and clergymen to lead prayers before meetings of the town board.
The plaintiffs in the case were Susan Galloway, a Jewish woman who describes her history of activism as beginning with a refusal to sing Christmas carols as a junior-high student, and Linda Stevens, a retired public-school functionary and atheist who served in the august position of president of the Greater Rochester Chapter of the National Organization for Women and as vice president of Americans United for Separation of Church and State. Ms. Stevens complained that the overwhelmingly Christian character of the locals’ prayers made her feel like she would “stick out,” and so, naturally enough, she filed a lawsuit, apparently immune to the irony that her response to what she perceived as a situation encouraging conformity through social pressure was to seek federal action mandating conformity at gunpoint.
Justice Clarence Thomas’ opinion relied on very plain reading of the Constitution’s Establishment Clause:
Justice Clarence Thomas, who has done the people of this country a magnificent service over the years by restraining his imagination and boring us all to death with the letter of the law, noted in his concurrence that the First Amendment is a constraint upon Congress, not upon the township of Greece, N.Y.; that it explicitly permits not only the encouragement of religious belief but the actual establishment of churches at the state and local level; that the men who wrote the First Amendment and who fought in the Revolution did not seem to believe that the Bill of Rights was in conflict with Massachusetts’s deciding to have an established Congregationalist church or with Pennsylvania’s choosing not to establish any church, in deference to the nonconforming sensibilities of its Quaker-dominated public culture, but rather that the First Amendment ensured that the federal government was bound to permit either outcome; and, finally, that even if the “no establishment” rule were to be applied to Greece, N.Y., permitting the offering of prayers before a board meeting is not the same thing as establishing a church. An established church is a government-supported ministry paid for by tax dollars, not a social convention that makes the local NOW president feel like she sticks out, which experience with that organization suggests she very well may under many diverse circumstances.