Written by Don Byrd
[UPDATE: 11/11 – Attorney General Ken Paxton issued his opinion that courts are likely to rule the decals do not violate the constitutional separation of church and state.]
Courts have consistently upheld the use of the phrase “In God We Trust” on currency against charges that it violates the separation of church and state. The motto does not establish religion, they claim, because it is not an endorsement of religion but merely a ceremonial, patriotic acknowledgement of religion. Most recently, the 2nd Circuit Court of Appeals reached that conclusion, affirming the dismissal of a case brought by the Freedom From Religion Foundation (FFRF).
What about the motto in other government contexts? FFRF is now raising questions about the increased use of “In God We Trust” decals on police vehicles. The organization sent a letter to the police chief in Childress, Texas, demanding the removal of the decals. Subsequently, Texas legislators requested an opinion from the state’s attorney general.
The Texas Tribune reports:
In their letter to Paxton, the two lawmakers noted that “last year, the Second Circuit rejected a challenge by the same organization on the legality of using the motto on our currency.” The U.S. 9th Circuit Court of Appeals first ruled on the constitutionality of the slogan on money in 1970, their letter noted, finding ‘’In God We Trust’’ has nothing whatsoever to do with the establishment of religion. Its use is of patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise.’’”
But a police car differs from paper currency, said David Anderson, a law professor with the University of Texas at Austin who believes the department’s display is unconstitutional.
Considering that we depend on police to protect us all, without favor, and certainly without inquiring into our religions first, it may be a little tone deaf to advertise that particular motto. After all, significant numbers of nonbelievers populate our states, even Texas. But is it illegal? Is placing “In God We Trust” on the public’s police vehicles an establishment of religion in a way that placing it on the public’s currency is not?
Stay tuned. Childress Police Chief Adrian Garcia responded by telling FFRF to “go fly a kite.” So, we may yet see what a court thinks about that question.
