church and state hi res_newWritten by Don Byrd

Attorney General Ken Paxton of Texas has issued his opinion on the question of whether decals with “In God We Trust” may be placed on police vehicles without violating the constitution. Because the motto has been upheld in other contexts, such as on coins, and on government buildings, he concluded that courts are likely to allow it on police vehicles as well.

The question was sent to Paxton after police in the town of Childress began displaying an “In God We Trust” decal on vehicles. A letter from the Freedom From Religion Foundation, arguing that the display improperly uses government property to promote religion, prompted a state legislator to ask for the Attorney General’s view.

Paxton conceded that no court has addressed the issue of the motto in the context of police vehicles, but emphasized in a 3-page opinion that courts have allowed it in other contexts because it reflects America’s religious heritage.

Here is an excerpt (citations removed):

Courts upholding the display of the motto in other contexts have emphasized that “[i]ts use is of a patriotic or ceremonial character.” “The motto symbolizes the historical role of religion in our society, … fosters patriotism, and expresses confidence in the future.” The fact that a display has “religious content” or promotes “a message consistent with a religious doctrine” does not by itself “run afoul of the Establishment Clause.”  “There is an unbroken history of official acknowledgment by all three branches of government of the role of religion in American life from at least 1789.” A law enforcement department’s decision to display the national motto on its vehicles is consistent with that history.

He is certainly right that courts in other contexts have reached that conclusion. Is there any reason to view the use of police vehicles differently?