Last week Missouri voters approved a state constitutional amendment known as the “right to pray” amendment. Supporters, according to the Kansas City Star, claim the amendment will protect religious freedom. Those opposed believe the amendment is unconstitutional and are already challenging it in court.
On Aug. 8, the day after the election, the ACLU announced the filing of a class action lawsuit in federal district court challenging on federal constitutional grounds one aspect of the amendment. A portion of the amendment provides that the religious freedom rights of prisoners in state or local custody will be limited to the rights granted by federal law.
The Anti-Defamation League, Missouri/Southern Illinois, was disappointed by the passage of what it calls Missouri’s “Prayer Amendment.”
Karen Aroesty, ADL regional director stated, “Given how the ballot summary misleadingly presented the initiative, we understand why Amendment 2 passed so overwhelmingly. The summary intentionally did not reflect the actual text of the amendment, and many voters may have thought they were supporting broad religious freedom in public arenas and classrooms. Instead, passage has opened up the state to defending — at taxpayer expense — a host of lawsuits seeking clarification of the amendment’s vague, ambiguous and potentially unconstitutional language.”
More than 82 percent of those voting in the election were in favor of the amendment. The ACLU said the measure was briefly described on the ballot as the following:
Shall the Missouri Constitution be amended to ensure: That the right of Missouri citizens to express their religious beliefs shall not be infringed; That school children have the right to pray and acknowledge God voluntarily in their schools; and That all public schools shall display the Bill of Rights of the United States Constitution.
ADL’s Aroesty wrote an op-ed piece, published in The Chronicle’s July 26 issue, opposing the amendment. Following the election she continued to express ADL’s concern about the amendment.
“We are particularly concerned that Amendment 2 will result in proselytizing or discrimination against religious minorities or persons of no faith in government and public settings, including schools,” she said.
The ADL worked with an informal and broad-based group, the Missouri Coalition to Keep Politics out of Religion, to oppose the ballot initiative.
“Amendment 2 will provide no additional or unique religious protection for Missourians that doesn’t already exist in law. We suggest that voters closely follow Amendment 2 in the next step of the democratic process as it is challenged in the federal courts in the very near future,” Aroesty said.
Jews across the country are also concerned about the amendment.
“Missouri voters were misled at the polls (Aug. 7) by a ballot measure perpetuating the claim of a war being waged on religion across America. The ostensible reasons for this amendment are unnecessary because the stated goals of the measure are already protected by the First Amendment to the U.S. Constitution. In its broad language, Amendment 2 reflects dangerous encroachment on our constitutional standards,” stated Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism.
“While it continues to protect the right to be free from an establishment of state religion or an infringement on the exercise of religion, a point clearly articulated by the First Amendment, it also throws open the doors for sectarian prayer at government meetings, religious invocations at public school assemblies and graduations, and permits students to opt out of any assignment that they decide violates their religious beliefs. This amendment extends beyond the protection of religious expression and erodes the religious freedom of minority faith traditions. Amendment 2 further inflames religious tensions and raises serious questions about the role of religion in public life,” he continued.
Rabbi Saperstein reiterated that Americans’ right to pray in public is already protected.
“It is called the First Amendment, and it has fostered a nation of diverse and vibrant religious traditions, where a powerful and inspirational variety of religions, credos and origins have been able to grow and to prosper. Missouri is dangerously fanning the flames of a false war on religion in a time of divisive politics that must be reigned in to prevent the splintering of one nation, under God,” Rabbi Saperstein said.
