Hampton, New Hampshire is a very civilized town. Citizens are not allowed to confront each other except according to very strict rules: During School Board meetings, members of the School Board may ask questions of members of the public, but members of the public are not allowed to ask questions of the School Board; same is true for Budget Committee meetings.
No "Back and Forth!"
But back and forth is allowed at the "Deliberative Sessions" where warrant articles are discussed. The old town meetings are simply not practical in a town of 20,000, we are told, although fewer than 500 ever attend a deliberative session.
During, these exchanges, citizens are expected to keep their comments to below 3 minutes, so everyone can have a chance and nobody hogs the microphone.
The upcoming session to discuss the warrant article granting public funds to the Sacred Heart School promises to evoke a "to and fro among citizens." There is a moderator to be sure things don't get too testy, although in the past the moderator has also made sure one side doesn't prevail if it's the side he does not favor.
Here is an preview of what may happen this time:
Ms. Proforma: Giving this small amount of money to the Sacred Heart School is all about the kids. This is a wonderful school, which teaches real values and we are sniping about the money when it's all about the kids! I have been in education for 20 years, and I'm there because it's all about the kids. That phrases has profound meaning for me, because, that's why I'm here!
Mr. Contrarian: You know, I sort of feel insulted by that phrase--as if you are more about the kids than I am. My objection to this article has to do with its violation of the separation of church and state.
Ms. Proforma: Well, but it's all about the kids in the end. Do we fund this wonderful school for the kids, or not? It's all about the kids!
Mr. Contrarian: This reminds me of the man who lives next door to the woman who grows a fabulous flower garden. I mean, it's gorgeous: reds, purples, yellows. But, the problem is she uses a really pungent fertilizer to grow those flowers, and so the man walks over and says, "Love the flowers, but you know, the aroma just knocks me off my feet!"
And the woman responds: "But it's all about the flowers!"
You see, they are talking past one another.
Obadiah Youngblood |
Ms. Profundo: People who talk about "separation of church and state" always say this article is about being constitutional, but those words "separation of church and state" are nowhere in the constitution. It's just not a thing!
Mr. Contrarian: This is true: those 5 words together do not appear in the Constitution. But this Constitution was written in the 18th century, when they used different words. And the very first words of the Bill of Rights, the First amendment, are, "Congress (i.e. government) shall make no law respecting the establishment of religion."
Now what could that mean? How can government establish religion? Well, the only 2 ways I know is to either simply declare an official religion--like the Church of England--or to give money to support religion, the way Germany does: if you register with your local Lutheran church, then 3% of your income tax goes to that church. This warrant article is like that--government funds, public funds, to a church.
Obadiah Youngblood |
Ms. Proforma: Separation of church and state discriminates against religious schools.
Mr. Contrarian: Justice Alito would agree with you. He wrote that in his opinion about that case in Maine about the kids who lived in a part of the state so remote the only school within reach was a religious school, but the state refused to fund it because it was a religious school and taught evangelical Christianity--a violation of church and state. But Justice Alito said that is discriminating against religion.
I agree with Justice Alito, it does discriminate. But I think that's a very good idea. We discriminate every day, as we make choices. Discrimination is not necessarily a bad thing. Discrimination on the basis of race can be bad, but discriminating about which institutions we support with public funds is essential. We can choose not to support a specific religion because we know that will protect all religions to thrive, not favor one.
If we did not do this, then religions looking for an audience could simply seek out under-served areas and grow there with government support, no matter how extreme their views might be.
Ms. Profundo: Well, but these public funds are not used for religious purposes by the school. And this school has more non Catholics than Catholics. And the religious teaching is pretty minimal.
Mr. Contrarian: The fact is we have no information about how much religious instruction occurs at the school or how the money is used. But we do know that you cannot separate the school from the church. The church would give up nearly everything else it does rather than lose its school because the school is necessary to continue the work of the church, to bring the next generation of Catholics into being. That is essential for the church, but we should not grant taxpayer funds to accomplish this.
Ms. Profundo: But this is hardly a church school. It's more a private school.
Mr. Contrarian: A private school with crucifixes on the wall and most of its budget from the archdiocese of Manchester. You cannot say it's just "Catholic lite."
In the state of Utah, a state heavily dominated by one church, the kids in the public schools, which receive public funds, leave the school building at noon, walk next door to have lunch and religious teaching at the Mormon church school, and they return about 90 minutes later to have their public school classes. That is a way of guaranteeing separation of church and state. Hampton could learn from Utah.
Democracy sure ain't an easy form of government, is it! I am sure that all those school board members think they are great, patriotic Americans - and they don't have a clue as to how they violate the principles expressed in our Constitution!
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