The police in Montgomery, Alabama have initiated a program (Operation Good Shepherd) in which Christian ministers will accompany them to crime scenes for the purpose of counseling witnesses and victims and praying with them. The police believe that a stronger sense of Christianity in the community will reduce crime. I leave to the side the absence of evidence that such a program has any evangelical impact, let along crime reduction effects. The article in The Atlantic (see here, cited over at Religion Clause) regrettably does not ask the police whether they think this program is consistent with the Establishment Clause. Constitutional law expert Erwin Chemerinsky was asked and, of course, he concluded that it was barred by the Establishment Clause. Among other things, it should be obvious that missionary work as a part of a government program is not contemplated as an appropriate role of government under the First Amendment.
Nonetheless, I would be remiss if I did not mention that the Ten Commandments monument now appearing on the capital grounds in Texas was donated by a private group who believed and hoped that its appearance would discourage juvenile delinquency. In its decision upholding the monument as consistent with the Establishment Clause, the Court was apparently not bothered by the state using religion for secular purposes.
Don’t get me wrong. I think it would be hard to find judges who would uphold this program including on the Supreme Court though Justice Thomas would probably not be disturbed by it. In the Ten Commandments case, the majority was impressed by the place of the Ten Commandments in Judaism, Islam (however exaggerated), along with the Christian tradition. More specific endorsement of particular religious traditions would be outside the bounds. This leads me back to wondering what government officials in Montgomery think about the constitutional issue (not to mention Dayton, Ohio and Arlington, Texas, cities that sport similar programs). Did any lawyer sign off on this? Perhaps open violations of the Constitution are good politics in some areas of the country.
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