Legal Commentary

Understanding The Separation Of Church And State

By Big Tent Democrat

In a North Carolina town, the meaning of the separation of church and state is being well demonstrated:

The Christian flag is everywhere in the small city of King: flying in front of barbecue joints and hair salons, stuck to the bumpers of trucks, hanging in windows and emblazoned on T-shirts. The relatively obscure emblem has become omnipresent because of one place it can't appear: flying above a war memorial in a public park.

This is in keeping with the First Amendment - which prohibits government endorsement of religion AND government interference with the exercise of religion. Thus, while the religious flag (I never heard of it before myself) can not be flown by the government, every person has the right to fly that flag (and apparently they all are.) The lesson is apparently lost on some:

The protesters are concerned not only about the flag, which was one of 11 flying above the memorial when it was dedicated six years ago, but about a metal sculpture nearby depicting a soldier kneeling before a cross. "I won't let it fall," Martini said. "I have already told the city, before you can take it down, I'll tie myself to it and you can cut me down first."

"We were concerned when the city was sponsoring the Christian flag, but we don't have any concern with veterans groups displaying the flag," legal director Katy Parker said. "We think it's great the city is offering citizens a chance to express their opinions."

Precisely right. But apparently, being free to express their views on religion is not sufficient for some:

The protesters, though, aren't satisfied with the vigil. They're planning an Oct. 23 rally in support of their ultimate goal, which is for the city to restore the Christian flag to the permanent metal pole on the memorial. At a recent public hearing, roughly 500 people packed the King Elementary School gymnasium, many waving Christian flags. Of more than 40 speakers, no one spoke in favor of removing it. "We've let our religious freedoms and constitutional rights be stripped away one by one, and I think it's time we took a stand," King resident James Joyce said.

Apparently, not allowing the government to display a religious symbol constitutes a restriction on the personal religious freedom of some. And herein lies the problem with the Right - their idea of freedom is the freedom to impose THEIR religion on the rest of us.

Interestingly, some of these folks understand the constitutional problem:

The Rev. Kevin Broyhill, pastor at Calvary Baptist, donated the flag now flying at the vigil. But Broyhill thinks having it returned permanently to the memorial is a losing legal strategy. He wants the city to transfer the memorial to a veterans group, which would make it private land.

I think SELLING the park at fair market value would work as a solution. Donating the land may not. But an interesting story regarding the separation of church and state.

Speaking for me only

Full post as published by TalkLeft on October 21, 2010 (boomark / email).