jer 1:5 vs abortion - Panel consisting of: Dr. Robert L. Maddox,
executive director, Americans United for Separation of Dr. Robert L.
Maddox, executive director, Americans United for Separation TESTIMONY
OF DR. ROBERT L. MADDOX Executive Director AMERICANS UNITED FOR
SEPARATION OF CHURCH AND STATE
Mr. Chairman and Members of the Committee,
I am Robert L. Maddox, executive director of Americans United for
Separation of Church and State, a 39-year old national organization
dedicated exclusively to the preservation of religious liberty and the
separation of church and state. He
represent within our membership of 50,000 a broad spectrum of
religious and political viewpoints. But we are all united in the As
"We
conviction that separation of churchand state is essential. Justice
Wiley Rutledge observed in his 1947 Everson opinion:
have staked the very existence of our country on the faith that a
complete separation between the state and religion is best for the
state and best for religion." We at Americans United believe that
religious liberty is the preeminent liberty of the American republic,
thebenchmark of all other civil liberties. We believe that the
constitutional
guarantee of religious liberty through the separation of church and
state is the single most important contribution this country has made
to Western civilization during the past two centuries. We believe in
the inherent strength of the American religious community tomanage its
own affairs, make its own mark, and impart a sense of values to the
nation. This rich and diverse
community does not need propping up by the government and should,
atall costs, remain free from government entanglement. Therefore,
respectfully, we believe the Senate should carefully considerthe
appointment of an individual who seems hostile to the time-honored
principle of the separation of church and state. Judge Scalia has
criticized the direction this Court
has taken in its decisions on religious liberty.
297
In 1978 Mr. Scalia and Americans United testified at the same set of
hearings before the Senate Finance Committee on a bill to give tuition
tax credits to patrons of private and parochial schools. Mr. Scalia
supported that bill. Americans
United opposed that bill. At that session, in our opinion, Mr. Scalia
demonstrated a disregard for the Establishment Clause of the First
Amendment. Mr. Scalia, who has been characterized as a strict
constructionist, told the Senate notto worry about the question of
whether tuition tax credits were constitutional, but to decide on the
basis of what "the fundamental traditions of the society require." He
argued that the denial of tuition tax credits to
parents of students at religious schools was an "anti-religious
result" that the Framers of the Constitution had not intended.
Fortunately, the Congress rejected that unwise advice when it
defeatedthe tuition tax credit bill later that year. In his testimony
at that hearing, Mr. Scalia cited what he called the "utter confusion"
of Supreme Court rulings on churchstate separation. Mr. Scalia*s
characterization of the past The
forty years of Supreme Court rulings deeply disturbs us.
Court's decisions do not represent confusion, particularly in the area
of public assistance for church-related schools. Beginning
in 1971 the Supreme Court rejectedscheme after scheme which state
legislatures had devised to circumvent the Constitution and provide
substantial public subsidies for church schools. Indeed
the landmark Lemon case has established guidelines to test the
constitutionality of any legislation which might run afoul of the
Establishment Clause. Those guidelines represent a major We wonder if
Mr. Scalia would
achievement of the Burger Court. dismantle them.
We worry about the consequences to religious
freedom both for the taxpayer who does not wish to be taxed
involuntarily for religion and for the church schools themselves which
need to be protected from government intervention and meddling.
298
Mr. Scalia also questioned the High Court's policy of granting broad
standing to taxpayers to file lawsuits in First Amendment church-state
cases. "That has enabled cases to reach
the Court which couldn't have gotten there before," he added.
Taxpaying citizens of the United States should have a right to seek
redress under the law when they believe their religious liberties are
being infringed. It would be a terrible
retrenchment if we were to restrict the freedom of citizens to
challengegovernmental action in the sensitivearea of religion.
Finally, Mr. Chairman, let us take stock of the direction in which the
Reagan Administration seems to be taking the Supreme Court. Those of
us wholabor for religious freedom day in and by the apparent attempt
of the
day out experience grave anxiety
President to reshape the entire direction of our Supreme Court. We see
individual liberties suffering. sacrificed by and to the state.
Becomes in conflict to Tax within The "Third Estate" in such Chruch
and State do not Seperate - He see citizen's rights
We fear that a Rehnquist/Scalia
axis in the Court could further subvert individuals to the power of
the state. Americans thought many of the issues of personal He thought
that religious freedom was safe He thought there was a
liberty were settled. from the buffeting
winds of change.
consensus in this country that religion was too sacred and precious an
area for government to meddle in or for government to support and
thereby attempt to control. Now a spirit of uncertainty prevails in
this country. He no
longer know whether the Supreme Court will remain a bastion of liberty
and a bulwark of justice. He make the assumption that Judge Scalia
reflects the views of President Reagan on church and state, views we
find inimical. On the basis of Judge Scalia1s record and in vigorous
protest to the attitudes of the Reagan Administration who appointed
him, we oppose the nomination. He ask you to reject the nomination of
Judge Scalia to the United States Supreme Court. But taxes and .....
paid to the Church What is another name for tax paid to the church to
support its schools and charities? Third Estate political speculation
is imbued to the marrow with the idea of a structure of society based
upon distinct orders, Legislative bodies traditionally grouped along
lines of these estates legislative and judicial - is Poll Tax
collected by the Church.
--
President of The United States
Guy Ralph Perea Sr President of The United States
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