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11/19
1999

22

A Surprise On School Prayer

JAMES D. BESSER

Washington Correspondent

liff onday's decision by the
Supreme Court to
review a case involving
student-led prayers at
high school football games came as a
surprise to some Jewish leaders. They
fear the justices could use it to issue a
sweeping ruling that would change the
.
present church-state equilibrium.
The decision comes at a particularly
volatile moment, with a growing num-
ber of legislators and presidential hope-
fuls calling for a restoration of religion
in the public school classroom.
The justices agreed to review a
February decision by a Texas court
barring student-led prayers over public
address systems at games — a cher-
ished tradition in many parts of the
country, but a church-state violation,
according to the lower court.
But that decision by the U.S. Court
of Appeals for the 5th Circuit conflict-
ed with another circuit court decision
allowing prayer at school sporting
events; the split in the circuits was a
major factor in the decision-by the
Supreme Court to hear the case.
The Court "could use this to make
a sweeping ruling — especially since
it's been a while since there's been a
significant Establishment Clause deci-
sion," said Mark Pelavin, associate
director of the Religious Action
Center of Reform Judaism.
He warned against reading too
much into the decision to hear the
case. But he said leaders in the church-
state fight are worried because of the
fact pattern in the Texas case. "It's
probably not the place where we'd have
chosen to stand and fight, but it's the
case we have to work with," he said.
Other Jewish leaders say strong
support for the idea of prayer at sport-
ing events makes this a particularly
explosive case — and that public sen-
timent could have an impact on the
Court.
"In many parts of the country there
is an overwhelming consensus that
high school football and prayer go
together," said Marc Stern, legal direc-
tor for the American Jewish Congress.
He said the Court could use the
case to "draw a clearer line between
extracurricular activities, like football,
and more formal activities, like classes
or graduation. Or they may want to

explore the notion of student prayer as
a result of a majority vote. And they
can deal with the question of captive
audiences — the fact that everyone
who comes to an otherwise public
event has to listen. There are a num-
ber of possibilities."

called "Mexico City" language to criti-
cal foreign policy spending bills.

Going Along

There are indications Washington and
Jerusalem could be moving into a new,
golden age of strategic cooperation.
The reasons: changes in some of
Disturbing U.N. Deal
the lead personnel overseeing U.S.-
Israel military ties, and a very tangible
Jewish leaders are generally pleased
Israeli success in the hot field of anti-
that Congress has finally agreed to
missile technology.
appropriate the money to pay this
The success involved the last major
country's arrears at the United Nations
test
for the Arrow missile, the U.S.-fund-
— but many are deeply disturbed
ed
anti-missile
system that is now ready
about the terms of Sunday's compro-
for deployment to protect Israel against
mise between the Republican leader-
the growing missile arsenals in the region.
ship and the Clinton administration.
Pentagon sources say the Defense
The deal, which at press time was
Department — whose own anti-mis-
awaiting final approval, includes new
sile program has been mired in politi-
restrictions on funding for family
cal controversy and vexing technical
planning agencies that use their own
problems — hopes to profit from
money to provide abortions or lobby
some of the new Israeli technology.
for the pro-choice cause.
There is even talk of buying Arrow
The compromise formula gives the
missiles from Israel — although defense
administration almost $1 billion for
insiders say that is unlikely because of
paying late dues to the United Nations
concerns about violating the Anti-
— an urgent matter because of the
Ballistic Missile treaty and because of
threat Washington could lose its vote
the Pentagon's traditional aversion to
in the U.N. General Assembly early
buying major weapons systems offshore.
next year unless it pays at least $350
There's also talk that a possible co-
million by January. That could be a
production arrangement could serve
problem; the deal provides for only
the needs of other countries threat-
$100 million in the first year.
ened
by new generations of ballistic
In return, Congress gets a watered-
missiles
— a list topped by Japan,
down anti-abortion measure that
which
fears
new long-range missiles
administration officials say will have
built by North Korea.
very little impact because of a presi-
Pro-Israel activists, who pushed
dential waiver provision.
hard for the Arrow over the years,
Its not the deal we would have
pointed out the irony of its recent suc-
created, but at the end of the day, it
cess; the program was born and bred
will have no practical effect on the
in the Reagan administration's much-
ability of these groups to offer their
maligned Strategic Defense Initiative
programs," said one administration
— and it has been the only SDI pro-
official. "It allows the Republicans to
gram that has actually produced a
claim a rhetorical victory, but that's
deployable system.
about all."
The other shift involves two familiar
But some Jewish groups disagreed.
Israelis
who have taken up new posts.
"We supported the repayment of
One
of
them is Amos Yaron, a for-
U.N. dues, but the fact is that it is
mer
defense
attache at the Israeli
completely unacceptable that we have
embassy in Washington, who is the new
had to compromise women's lives and
director-general of the Israeli defense
women's health to get it," said Sammie
ministry. In that position, he will over-
Moshenberg, Washington director for
see U.S.-Israeli strategic cooperation.
the National Council of Jewish
Then there's David Ivry, whose
Women.
appointment
as Israel's new ambassador
President Ronald Reagan first insti-
to Washington was announced by Prime
tuted limitations on international fam-
Minister Ehud Barak earlier this month.
ily planning agencies; early in his pres-
Ivry "is the architect of U.S.-Israel strate-
idency, Bill Clinton overturned those
gic cooperation," said Shoshana Bryen
executive orders. The Republican-led
of the Jewish Institute for National
Congress has tried to legislate them
Security Affairs.
ever since, primarily by attaching so-