Washington Watch

And A Prayer

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tu ent pra:yers; the Reform party;
Putin and the media.

JAMES D. BESSER
Washington Correspondent

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6/23
2000

22

onday's Supreme Court
decision striking down
a Texas policy allowing
student-led prayers at
high school football games could trig-
ger an angry congressional backlash,
according to Jewish activists in the
capital.
But for now, that backlash will be
more rhetorical than legislative; con-
servative lawmakers admit they lack
the votes to pass a constitutional
amendment on prayer, and this week's
Court decision makes it even less . like-
ly simple legislation on the subjec_t will
pass judicial muster.
The sponsor of the last prayer
amendment, which failed to win the
necessary two-thirds majority in the
House . in 1998, said he would press
for another amendment, but conceded
that with an even slimmer Republican
edge in Congreis, passage this year is
all but impossible.
Rep. Ernest Jim Istook (R-Okla.) crit-
icized the decision as a "distortion of the
First Amendment," and said the only
remedy is a constitutional amendment.
"Unfortunately, we don't have the
votes to win the necessary two-thirds
support for such an amendment from
the current Congress," he .admitted. "I
remain hopeful that this will change
after this year's elections." Republican
sources say candidates will now raise
the profile of the school prayer issue in
a5numt5E%• of House and Senate races':
Jewi$ groups applauded Monday's'
=of the nine:ills-J.
crecision'in which
tices upheld a Texas court's decision
barring student-led prayers over public
address systems at high school games.
Supporters argued that since the
prayers were led by "chaplains" picked
by other students, they constitute free,
private speech. Opponents said sectarian
prayers read over a school's PA system at
least convey the appearance that the. -- ---
prayers are sanctioned by school 4:t.thori-
ties, and that this can lead to coercion.'
Thedhiglo'iiii majority agreed' ,
with the latter argument.
"School sponsorship of a religious
message is impermissible because it

Orthodox Jewish groups did not
get involved, but generally welcomed
the decision.
"In this particular case we think it
was the right result," said Nathan
Diament, director of the Orthodox
Union's Institute for Public Affairs.
"There was too much direct involve-
ment by school officials and insuffi-
cient structure to allow pluralism in
the prayers."
But conservative Christian groups
howled. The Concerned Women for
America, for example, said in a state-
ment that "the broad denunciation of
prayer at a voluntary event carries an
ominous warning to people of faith."
Conservatives promised to make
school prayer an issue in the congres-
sional elections in the wake of
Monday's decision; Democrats were
already at work this week, reminding
Jewish voters that Texas Gov. George
W. Bush, the presumptive
Republican presidential
nominee, filed a brief sup-
porting the Texas prayer
program.

sends the ancillary message to mem-
bers of the audience who are nonad-
herents that they are outsiders, not full
members of the political community,"
Justice John Paul Stevens wrote in the
majority opinion. Such publicly deliv-
ered prayers, he said, cannot be char-
acterized as "private speech."
Stevens wrote that the court recog-
nizes the importance of public wor-
ship, but said "such religious activity
in public schools, as elsewhere, must
comport with the First Amendment."
The two Jewish mem-
bers of the court —
Justices Ruth Bader
Ginsburg and Stephen G.
Breyer — voted with the
majority.
Most Jewish leaders
Other Decisions
were pleased by the
The Supreme Court ruled
sweeping scope of the
in several other cases that
ruling.
Do you feel the
had grabbed the attention
The decision "shows
Supreme Court
of Jewish groups.
that we have a solid six
decision not to alloW
In one, the -justices ruled
justices on the court who
prayer at school
6-3 against a local public
understand you don't
athletic events
school district that
have to hold a gun to a
went too far
required a disclaimer
person's head to coerce
and why?
mentioning alternative
therii," said Richard
Give your opinion on
- theories when teaching
Foltin, legislative director
JN Online at
evolution.
of the American Jewish
www.detroit
The policy by a Louisiana
Committee.
jewishnews.com
school district requires
"The decision means
teachers to tell students
that most of the sub-
that the theory of evolutiOn is "pre-
terfuges that have been employed to
sented to inform students of the scien-
evade school prayer decisions are now
tific concept and not intended to
swept away," said Marc Stern, legal
influence or dissuade the biblical ver-
director for the American Jewish
sion of creation or any other concept."
Congress. "It will be very difficult for
The disclaimer also reminds itudents
the state to have any involvement in
that they have- the right.to form their
religious exercises in the public schools
own opinions on the subject.
after this decision." Because of the
An appeals court ruled that the
broad scope of the decision, he said "a
wording..of the disclaimer has the
lot of school districts are now sitting
„won
effect of
ducks for litigation."
.Monday; the Supreme .olitt.tel the -
"It's a very strong decision and one
ippeals', curt ruling stand
that makes it clear the court will not
That prompted a protest from the --
take a narrow view of school-sponsored
. dox Union, which had filed a
04o
activity," said Mark.Pelavin, associate
bri
with
the appellate court in sup-
director of the Religious Action Center
po
edisclaimer
policy.
of Reform Judaism. "The court recog-
t
I
tl t we mom
nized that events such as football
fight for , tfiattuftpiel.;
games and graduations are indeed
Constitution does not require hostility
school-sponsored events. It means the
toward religion," the OU said in a
area of speech the court will recognize
WASHINGTON WATCH on page 24
as private is a fairly narrow one."

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