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Mike Newdow captivated the 36
people in attendance with his brilliant presentation, humor and singing
(of his latest song).
Mike is the
physician-lawyer who challenged the addition of the words "under God" in
the Pledge of Allegiance all the way to the United States Supreme Court,
only to have the Court deny him standing because he did not have primary
custody of his daughter, on whose behalf he brought the suit.
Mike had initially
started to challenge the unconstitutional placement of "In God We Trust"
on money, but decided to challenge "under God" in the pledge because he
thought he had a clearer legal basis for that challenge. As we all know,
he lost the case, at least temporarily, because of the "standing" issue.
The concept of standing requires that you must be directly affected by a
law or action of the government in order to be a plaintiff in a case
against the government. Mike thinks that the Court used the standing issue
to avoid making a decision. He is now bringing cases on behalf of others
and, in September, Judge Lawrence Karlton ruled in his favor. Of course
the government will appeal that decision.
Dr. Newdow also said that
he will file a suit to remove "In God We Trust" from our coins. He also
challenged the use of chaplains at presidential inaugurations as a
violation of the establishment clause of the First Amendment. However, he
has no objection in principle to military chaplains. Persons who are moved
away from their homes while on government service still have a right of
religious expression and guidance if they desire it, and chaplains may be
necessary for that purpose.
Mike then went into the
early history of religious liberty in America and showed the inadequacy of
the concept of toleration. The Maryland Toleration Act of 1619 is often
cited as an example of early religious freedom in America. It is true that
Roman Catholics were welcome in Maryland, unlike in most other colonies.
However, that law prohibited criticism of Christian sectarian beliefs by
other Christians, with severe penalties for repeat violations. It also
outlawed non-Christians, including Jews. Atheists could be executed for
their non-belief. It is noteworthy that John Locke, in 1689, advocated
tolerance for all except atheists. By the time of the founding of the
United States of America and the writing of the Constitution, the leaders
of the country had become much more enlightened about religious minorities
and freethinkers. Dr. Newdow mentioned George Mason and James Madison in
particular as persons who believed in liberty of conscience for everyone.
The result was a secular government with religious liberty guaranteed in
the Bill of Rights.
Mike also performed a
song satirizing the Maryland "toleration" act.
Report prepared by
Wayne Luney, Recorder
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