Written by Don Byrd
A federal judge yesterday dismissed a lawsuit challenging the constitutionality of a resolution announcing 2012 as the “Year of the Bible” by the Pennsylvania legislature. The measure doesn’t violate church-state separation, he concluded, but it is leaning in that direction. (emphasis added)
[T]he court’s determination that the defendants engaged in a “legislative act” for purposes of immunity should not be viewed as judicial endorsement of this resolution. It most certainly is not. At best, H.R. 535 is a benign attempt to reaffirm the underlying principles of the Reagan proclamation of 1983. At worst, it is premeditated pandering designed to provide a reelection sound bite for use by members of the General Assembly. But regardless of the motivation behind H.R. 535, its express language is proselytizing and exclusionary (e.g., “ Renewing our knowledge of and faith in God through holy scripture can strengthen us as a nation and a people”). The court is compelled to shine a clear, bright light on this resolution because it pushes the Establishment Clause envelope behind the safety glass of legislative immunity. That it passed unanimously is even more alarming. This judicial rebuke of the resolution is not intended to impugn the religious beliefs of any citizen. To the contrary, the court’s disapprobation is directed to the blatant use of legislative resources in contravention of the spirit – if not the letter – of the Establishment Clause. At a time when the Commonwealth of Pennsylvania faces massive public policy challenges, these resources would be far better utilized in meaningful legislative efforts for the benefit all of the citizens of the Commonwealth, regardless of their religious beliefs.
Commemorative legislation like this – like national Day of Prayer resolutions – probably does pass constitutional muster but that doesn’t make it a good idea. It certainly does religion no favors to name The Year of the Bible. And it is insulting to those constituents who choose no faith.
