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Legai/Legi slat ive /Regulatory Meter ials (090) MFC5/PC34 Plus Postage. Tribe, Harvard Law School; Ballf an attorney; Everett Sileven, Faith Baptist Church, Nebraska; Dr. It was signif Wit in the J8th century debates of State legislatures and the Continental Congress, where it had the indefatigable support of men such as Thomas Jef- ferson, George Mason and, of course, James^ Madison.* These debates culminated in 1789 in the passage by the Ffrst Congress of the first amendment in the Bill of Ri^its.Caeof- Epps* Chief Clerk Rdseet E Fetolee, Minority Cfilef Counsel 9 ERLC % CONTENTS * * STATEMENTS Opfe OMMITTEE MEMBERS ' Hatch, Hon. Hill, pastor, Mount Zion Missionary Baptist Church, Los Angeles, CA; and John Bu- chanan, Jr., chairman of the board, People For The American Way, Wash* ington, DC.. On the one hand, there are those who suggest that for all our efforts the first amendment, in both its establishment and free exercise clauses, has been misinterpreted and misapplied.

That does not mean I do not want you to act the way you feel but I just believe that the purpose of this hearing is to explore these matters and find out.DOCUMENT RESUME ED 257* 762 TITLE INSTITUTION REPORT NO PUB DATE NOTE AVAILABLE FROM PUB TYPE EDRS PRICE DESCRIPTORS SO U16 579 Issues in Religious Liberty. * *********************************************************************** i 1 , • ; 9 ERIC S. OK OVERSIGHT ON THE STATE OF RELIGIOUS LIBERTY IN AMERICA TODAY 1 * s VNE 28, 1 984 Serial No, J-9S-124 * ♦_ Printed for the use of the Committee on the Judiciary * VS. Pennsylvania Vinton De V*ne 1^** Chief Couneei and Staff Directof Doqiak K. Laurence H., Harvard Law School, Cambridge, MA; and Wi Uiam •B. _ SUevenv Paster Everett Faith Baptist Church, Louisville, NE; and Dr "Greg Dixon; National Chairman of Unregistered Churches, Indianapolis, IN Bergstrom, Rev. Wiliiston, VT ALPHABETICAL LIST AND MATERIALS SUBMITTED Ball, Wiliiajn R : # Testimony _ _ Responses of Mr. in other decisions, the Court held in 1962 that a prayer composed by New York State* school officials for voluntary recital in the public schools constituted an unconstitutional establishment of reli- gion; in 19^1 that Maryland's Sunday closing laws did not consti- tute such an establishment of religion, in 1981 that a State univer- sity in Missouri could not, without violating the establishment clause, allow equal access to a student religious group to schoo) fa- cilities used by other groups, and finally, in this year, 1984, arid I am only hitting a smattering of the cases, that a Christian nativity scene paid for out of public funds and sponsored by a municipality does not represent an unconstitutional establishment violation.Bearing before the Subcommittee, on the Constitution of the Committee on the Judiciary . GOVERNMENT Fgl NTt Jt O Om CX Fc*r *&it* hy the Suj K? , S, Government Prtati&ff Offiet Wa*hf ntfon, I) C\ 20402 COMMITTEE ON THE JUDICIARY STROM THURMOND, Smith Carolina, Chairman CHARLES Mc C MATH! Owen, General Count* 1 { Deborah Beenstein, Chief Clerk ^ Mask JL Gitenstesn, Minority Chief Counsel SUBCOMMITTEE ON THE CONSTITUTION ' ORRIN G. Charles V., executive director, office of governmental affairs, Lutheran Council in the United Statel of America, Washington, DC Moon, Bev. James Kennedy, senior minister, Coral Ridge Ptesbyie- nan Church, Fort Lauderdale, FL; president, Coalition For Religious Liber- ty and president, Evangelism Explosion International; Herbert W Titu&, dean wd professor, School of Public Policy, vice president? With respect to the free exercise clause, the Court has told us that the State of Wisconsin cannot require children of the Amish faith to abide by a St^te law requiring attendance in a formal high school until age 16. Where these judicial interpretations have left us m law and prac- tice in 1984 is subject to legitimate differences of opinion.In arranging for this oversight hearing, the subcommittee has made every effort to include a wide variety of viewpoints from a representative sampling of all religious groups active ii\today America.We may need to hold followup hearings to get ah-even wider variety of viewpoints.Have we just become more skilled in hiding religious perse- cution behind the veil of an investigation by even that most irreli- gious of institutions, the Internal Revenue Service?

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