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Noah Fitzgerel

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Missouri Amendment 2: A Strike Against Separation of Church and State

Posted: 08/01/2012 8:28 am

Dear Missourians,

A recent poll published by the St. Louis Post Dispatch reported that an overwhelming majority of you will vote in favor of the passage of Amendment 2, a ballot initiative that will appear on the primary ballots on Tuesday, August 7.

To be exact, the numbers were 82 percent that would vote in favor of the bill, and 14 percent who would vote against it. My jaw dropped. After reading the language that would be added to the Missouri State Constitution if the bill were to be passed, I could not believe that anyone who valued the separation of church and state, which, according to the July 2011 poll by the First Amendment Center, is a mammoth 67 percent of this nation, would vote for this bill.

That is, until I read how misleading the ballot initiative itself is. Missourians will walk into polling stations all over the state on August 7 and read the following proposal:

Shall the Missouri Constitution be amended to ensure: That the right of Missouri citizens to express their religious beliefs shall not be infringed; That school children have the right to pray and acknowledge God voluntarily in their schools; and That all public schools shall display the Bill of Rights of the United States Constitution. It is estimated this proposal will result in little or no costs or savings for state and local governmental entities.

Fair Ballot Language:
A "yes" vote will amend the Missouri Constitution to provide that neither the state nor political subdivisions shall establish any official religion. The amendment further provides that a citizen's right to express their religious beliefs regardless of their religion shall not be infringed and that the right to worship includes prayer in private or public settings, on government premises, on public property, and in all public schools. The amendment also requires public schools to display the Bill of Rights of the United States Constitution. A "no" vote will not change the current constitutional provisions protecting freedom of religion.
If passed, this measure will have no impact on taxes.

When read, it sounds as if anyone who were to vote against the bill would be opposed to conserving their individual liberties. Such an action would be utterly un-American! It is no surprise that the average Missourian, with faith in the appearance of fair language on a primary ballot, would be in favor of such an initiative.

This is why it is important to be an informed voter.

If passed, Amendment 2 will add nearly 400 words of language to Section 5 of the Missouri State Constitution, which is the equivalent to the religious freedom clauses of the United States Constitution within the First Amendment.

It is evident to any Missourian with a common knowledge of the U.S. Constitution that the first two sentences of the initiative are already explicitly protected under current law. Students have always had the right to pray in school, and no citizen's right to religious freedom can be infringed. Clearly, legislators have neither the will nor the time to be redundant-- so what would this initiative really do?

Well, first and foremost, it will change how students involve themselves in public schools. According to the language that would be added to the Missouri State Constitution, if this bill is passed, "no student shall be compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs."

The last thing that this country needs as it falls behind its peers in its quality of public education is an opportunity for students to excuse themselves from learning important lessons.

Or more troubling, the language would read that "students may express their beliefs about religion in written and oral assignments free from discrimination based on the religious content of their work." As I have certainly demonstrated before, I am fervently opposed to discrimination of any kind, but it does not take much inferring to envision the opportunity this will afford students to proselytize to their peers amidst class discussions or presentations.

How would you feel if you were a biology teacher who was threatened to be sued for givng a child who claimed evolution to be a hoax and creationism the only viable explanation for mankind's development an "F" for failing to understand a scientific concept? Such would be a likely scenario if this initiative were passed.

But most misleading about this whole debacle is the promise made to Missourians that this will not cost them their dollars. In fact, by allowing "ministers, clergy persons, and other individuals the privilege to offer invocations or other prayers at meetings or sessions of the General Assembly or governing bodies," Missouri is inviting a barrage of civil lawsuits to be brought against them in court. Sectarian prayer in legislative or otherwise governmentally-sponsored sessions is an explicit state endorsement of religion, and this clause would certainly invite members of the clergy to move away from expressing prayer in ceremonial deist fashion -- a legal occurence -- and into such murky waters.

Amendment 2 is no safeguard to ensure the continuity of religious freedom in Missouri. It is a clear attempt by state legislators to allow for religion to find a greater niche in government and public education to an extent that is inappropriate in this country.

Don't let them fool you.

Your Concerned High School Student,

Noah Fitzgerel

 
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02:05 PM on 08/18/2012
If this young man's seeming abilities are an indication of the caliber of high school student in Missouri, then major kudos to the Show-me state. Thirty years from now, maybe minds like his will be running things in Washington. Theocracy is not and never will be conducive to freedom.
06:30 PM on 08/08/2012
The Treaty of Tripoli, a document enacted legally in the United States in the late 1700s, states that the United States should not be considered an enemy of Islamic nations on the basis of religion.

"As the government of the United States of America is not, in any sense, founded on the Christian Religion..."

The government in question no longer exists in the same form, so I guess the continued legal binding of this treaty is in question, but the fact that the Senate UNANIMOUSLY ratified a treaty containing the above quote pretty much clinches the fact that early US government was dedicated to not officially sponsoring any one religion.
08:49 AM on 08/08/2012
This is an absolutely beautiful article. Freedom of religion is already full protected, and upon fully reading this amendment, I was shocked that it would actually infringe upon the rights of religions that were not Judaic in nature. Buddhism, Hinduism, Paganism, and even Islam and Judaism to an extent would all be placed on a lower level to Christianity. And that was never the intent of the Constitution. Thank you for writing this, and I apologise for some of the horrid messages that you've received as comments from ill-informed citizens.
12:46 AM on 08/08/2012
Get over yourselves. For starters EVOLUTION IS NOT SCIENCE. Science must be measurable, observable and REPEATABLE. Show me one instance where an animal has, through a proposed series of beneficial mutations gone from being one species to another. And this has happened in missouri in the past decade. A girl who didn't wish to advocate for homosexual adoption on religious grounds (btw, it's not just Christians) was flunked. Eventually she had her day in court and MSU got to pay for her graduate school too but she never should've had to deal with it. It's not about refusing to do your assignments. I disagreed with a ton of crap I learned in grad school, and I still knew the answer to give on the test. It's about protecting their right to tell the story of noah's ark, not not eat sausage (muslim's and jews). To let our kids engage with each other and teach them to have civil discussions rather than shouting matches. Plus, let's not forget that teaching them a way of life without any mention of deity is called Atheism, by removing the idea of God from all public discussion you've just sanctioned what is by definition the religious practice of being non-religious. So either you let everyone have their freedoms, or you violate the constitutional rule that DOESN'T EXIST and you force atheism on people for fear of offending. I'd rather be offended than shut out myself.
06:36 PM on 08/08/2012
Um, does the evolution of bacteria count?
http://www.newscientist.com/article/dn14094-bacteria-make-major-evolutionary-shift-in-the-lab.html
10:07 PM on 08/08/2012
An interesting link and a good article. The one thing that I would put forward is that this does not necessarily support evolution, I would like to see a genetic analysis. If there has been new information entered into the genetic code of the Ecoli that would be a far more convincing argument. I would anticipate that it is more likely that the genetic code has simply lost the information that prevented it from being able to handle citrates. Loss of information isn't the kind of mutation that would result in evolution, generation of new information is what would be required. Still, very interesting.
10:06 PM on 08/08/2012
Well...here is the future folks, here is a person with no grasp of the process of evolution or the scientific process in general.
11:14 PM on 08/09/2012
Dude, Masters in Sociology, basically I have a degree in applied statistics, stop complaining because your understanding of genetics hasn't moved beyond the 19th Century.
11:30 PM on 08/09/2012
Also, I'm not denying micro-evolution, which is change within the species, that happens. But this stuff is still ecoli.
11:50 PM on 08/07/2012
Nothing personal kid, but I don't take political advice from high school students. It's not that your opinion isn't valid, its that I really don't care what teenagers think about anything. I will say this, you have a bright future in slanted political writing. Your ability to cherry-pick quotes and frame them with coherent sentences that support your point is pretty impressive. You should skip college and go straight to work for a major news outlet.
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Sharon Moeller
A liberal who loves her country!!!
10:53 AM on 08/08/2012
I love this, "it's not that your opinion isn't valid". What is he wrong about? You get to ignore the truth simply because of the mouth it comes out of...A well informed teenager that did his homework...Any member of the media that doesn't have Fox News in it's name?...A President taking Republican ideas and presenting them as possible fixes to our economic issues? You just exemplified everything that's wrong with our political process right now. You simply dismiss this young man's comments and concerns because of his age, just like Democrats dismiss Republicans and vice versa. One party's ideas are not going to help this country back to sound economic footing, that's not democracy its fascism.
11:48 AM on 08/08/2012
Finally, you seem to have come to some conclusion about me that are inaccurate. I understand that there is little or no accountabillity on the internet, but the responsible thing would be not to assume things. So let me clear some of those up for you. I'm an independant. I dislike all political parties and major media news outlets pretty much equally. In the same way I don't let teenagers tell me what to think, neither do I allow pundits to try the same. The former because of their youth, and the latter because of their agenda (sell commercials, not inform). Finally, although I did dismiss the author of this article because of his age (actually more on assumptions of life experience) I took the trouble to read his post several times, and also to look at other things he's written. His ability to write well has gained him my respect, and because this is an opinion piece, I can't argue with him inserting his opinion into it. So in fairness, I dismissed this piece at first due strictly to the age of the author. Then I dismissed it because, although rhetorically brilliant, it is no different from a political attack ad, or a commercial for diapers.
09:51 PM on 08/07/2012
Yes i wonder if Freedom of Religion is actually free since its always christians who get bashed when there is different denominations in christianity not all of us are terrible ya know as i believe thankful jesus took persacution might as well with american on all christianity
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Sharon Moeller
A liberal who loves her country!!!
10:56 AM on 08/08/2012
As a person from Missouri, I can tell you it was a Christian gentleman who introduced this horrible legislation and a Christian dominated legislature that passed the resolution. I am a Christian that has no need to force my religious ideas on anyone, which cannot often be said of some Christians. How upset would you be when you see a Jewish person or a Muslim stand up and start praying in your child's high school classroom? You still going to be so in favor of this legislation then?
11:23 AM on 08/08/2012
I wouldnt be that upset cause Christian people dont realize is alot of Denominations which have didnt doctrines and beliefs in it so thats why i hate when someone says Christian cause not all of us are same and i am gladly to say I am FULLY NON DENOMINATION I have many friends of different religions i respect and love just way they are i get hated for going to my older lady friends house just to help them and make em laugh who are lesbians cause i am christian big deal i know how to love like jesus without forcing doctrine so no i am not for one party either i for what as i believe god will put in who he wants it wouldnt bother me one bit to see any religion praying in a classroom cause i am a NON DENOMINATIONAL Christian big difference
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Bosfarcal
09:47 PM on 08/07/2012
Having failed on all fronts to force creationism into public schools as scientific alternative to evolution, right wingers in Missouri have introduced a measure that will simply make it illegal to teach anything contradictory to a student's religion. This bill has been a sleeper. Most Missouri voters never knew of its existence prior to today's election. It is ture that on its face it seems totally innocuous. Neither of these are by accident. This measure will pass overwhelmingly in Missouri, but that will not be the end of it. Protracted legal battles loom.
10:23 AM on 08/07/2012
Voted today against this very dangerous Amendment.First person at the polls in my area Huzzah..Please if you live in Missouri vote against this...
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cosmiCataclysm
10:41 PM on 08/07/2012
Boone County, voted against it. Shame we lost. My fellow Missouri citizens keep disappointing me...
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yankeeairpirate
an Analog Man in a Digital World
12:56 PM on 08/04/2012
On the same basic thread, but on the "off-ramp" just a little:

I used to be the Senior Network Engineer at a large law firm in a large city in the midwest. Two of my most brilliant systems admins were both practicing Wiccans. We all got the standard 6-7 holidays a year off ...(New Year's, 4th of July, etc) and these guys took all of those holidays off. Then, I was asked whether they could take off Solstices, Equinoxes and Halloween as religious holidays as well.

After consulting with HR and a lot of "inner consultation", I informed them that the firm provided for 6-7 paid holidays per year and that they needed to pick and choose (in advance) which ones they would like to take off (paid by the firm). All the rest that they wanted to take off would have to be covered by PTO, the same as all the rest of the employees in my department. If they had to take off for the 4th of July and had to claim PTO hours to do it, then so be it.

Fortunately, I had a whole building full of lawyers to consult before I made the decision.
03:56 PM on 08/03/2012
"The last thing that this country needs as it falls behind its peers in its quality of public education is an opportunity for students to excuse themselves from learning important lessons."

Students aren't slaves. They have every right to refuse to "learn" anything. While it is possible to force a child to sit and listen to your lecture, it is impossible to force someone to internalize an idea.
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Casey Braden
Continuing to not suffer fools gladly
09:14 AM on 08/05/2012
Everyone is entitled to their own beliefs, but not their own facts. If a students chooses not to learn something, he or she has chosen to get a poor grade in that class.
12:39 AM on 08/06/2012
Children (people under the age of 18 or emancipated minors) DO NOT have the right to refuse anything. It is the adult's responsibility to provide for the child and decide how to raise them. If the adult decides to let the child slack off so be it... but the child does not have the right to refuse anything. Children do not have fully developed brains or emotions and do not always know what is and isn't good for them. It is the parent's RESPONSIBILITY to ensure that the child has the opportunity to get an education, and it is the schools responsibility to deliver the education. In the event that the child simply cannot learn because of developmental issues, or they just "don't get it" at least we can say we tried. What we don't need is for people running around claiming that children have the right to do what they want. If we don't encourage our children to learn, what incentive do they have to find out how smart they are, and what they are capable of? We already have plenty of people in this world who are adults incapable of taking care of themselves and contributing anything back into the community.
12:57 PM on 08/06/2012
I didn't use the word children. I said students. If the students are children, then the parent has the right to refuse, or to delegate that choice to the child. The child also has the right to emancipate themselves, if they so choose. And yes, a poor grade may result.
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realsurfin
Pardon me, can you help out a fellow American
12:32 PM on 08/02/2012
WAIT TILL THE MUSLIM STUDENTS REQUIRE TIME TO PRAY... that should really go over well in Missouri. and what about those hippie Buddhists? No frog dissection or hurting insects... oh it will make school chaos... what your doing is making school an extension of the church...

church and personal beliefs should be spoken about in quiet rooms as Mitt would say.
08:53 PM on 08/02/2012
"church and personal beliefs should be spoken about in quiet rooms as Mitt would say." an expert in back room deals I'm sure.
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Bosfarcal
09:38 PM on 08/07/2012
Muslims children in Missouri wouldn't dare ask time to pray. Not after what happened in Joplin. The message here in Missouri is very clear, religious freedom is for white Christians only.
12:31 PM on 08/02/2012
Good job Noha, very helpful report! I'll vote no on prop.2.
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chanahan
The price of freedom is eternal vigilance
12:10 PM on 08/02/2012
"Missouri is inviting a barrage of civil lawsuits to be brought against them in court. Sectarian prayer in legislative or otherwise governmentally-sponsored sessions is an explicit state endorsement of religion"

If that is the case, then why did those who wrote the constitution and judges for years after not have a problem with prayer in schools or at public functions?
RobbieB
Learner, Intellect, Input, Strategic & Ideation.
12:46 PM on 08/02/2012
Because unlike what strict Constitutional "originalists" like (corporate-bought) Scalia believe, the Constitution has to be interpreted in the context of the present. That's why it has been amended 20-some times and we have a SCOTUS in the first place.

Used to be owning someone was OK. Used to be having women not vote was OK. Used to be as a person of color, you couldn't drink out of the same water fountain as white folks...

Get it?
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chanahan
The price of freedom is eternal vigilance
01:12 PM on 08/02/2012
So really the constitution says whatever the current popular culture says it does?  Free speech, not so cool anymore.  We can define speech we don't like and then outlaw it.  I get it.
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scorpions5
Facts do not cease to exist when ignored.
11:22 AM on 08/02/2012
I don't know about this. First, no religion whatsoever should be on public grounds since we have Americans that do not have a religion and that is in violation of their rights. But, I wonder if this includes all religions. So, does that mean that is a student wants to practice Wicca, or Satanism they will be permitted to display and pray to their gods? What will happen then? If they pass this law they cannot discriminate against any religion, so that includes the above and all others, not just Christianity. What will the Christians do if next to them are kids praying to someone othe than their God? Hmmm, should be interesting.
10:24 AM on 08/02/2012
This ill-conceived amendment to the Missouri constitution will undoubtedly pass. It will also undoubtedly cost Missouri taxpayers millions of dollars in legal fees to defend it in court. And the defense will undoubtedly be unsuccessful.
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cosmiCataclysm
10:43 PM on 08/07/2012
Another example of so-called conservatives wasting time and money, while failing to enact any legitimate policy or problem-solving measures. An embarrassment to my state. I voted NO.