
Dear Readers: This guest post by Christopher Hickman is the fourth and penultimate addition to the roundtable dedicated to our colleague David Sehat's
The Myth of American Religious Freedom. The final addition should come next week in the form of David's response. If you wish to get caught up to speed, here are links to the first three contributions, by:
Daniel WilliamsAndrew HartmanRay HaberskiChristopher Hickman has a Ph.D. in history from the George Washington University and is working to convert his dissertation,
"The Most Dangerous Branch: The Supreme Court and Its Critics in the Warren Court Era," into a book.
At the end of the 1991 Supreme Court term, a divided Court issued an opinion in
Lee v. Weisman. Justices Kennedy and O’Connor—ever the votes that mattered in many of these high-profile cases during their tenures—joined the Court’s liberals (Blackmun, Souter and Stevens) in invalidating a public school practice of mandating prayer at the end-of-year commencement ceremony. The flashpoint issue of religion in public schools had appeared just in time for the 1992 presidential election. Months after the pronouncement of Lee, both Patrick Buchanan and George H.W. Bush made sure, from the GOP Convention podium no less, to remind Americans that the Republican Party remained committed to a restoration of prayer in public schools. Precisely how the GOP would accomplish this or what energy would be expended to bring this about scarcely mattered. What did matter was the mere reminder that one political party stood up for the rhetorical restoration of God and morality to the public sphere. An issue that had festered since at least the seminal
Engel v. Vitale and
Abington v. Schempp decisions, of 1962 and 1963 respectively, had once again received a boost from a Court ruling that had, apparently at least, re-confirmed the country’s constitutional commitment to secularized public schooling.
Concurrent to these developments, my own youthful awareness of the country’s political and legal developments remained scattered at best.
Lee, however, had come to my attention; I had, from an even earlier age, always taken notice of the persistent inclusion of Christian activities and messages in what I could only presume represented a typical public school incapable of operating as a nearly secular school. Nearly a year after the
Lee ruling, my own high school graduation ceremony featured a prayer led by a local leader of a Christian congregation. While nine jurists, their law clerks, the ACLU, and other noticeable legal system actors busied themselves determining what the Constitution required, some Americans persisted in making their own law.
David Sehat’s aggressively argued
The Myth of American Religious Freedom constantly brought me back not only to this personal episode of a community’s non-compliance with a High Court ruling but also to my own work on the Warren Court and its many, often diverse, critics. His cogent, book-length analysis of a persistent, though often obscured, Christian establishmentarianism across American history might not appear in gift bags at next year’s GOP convention, but it represents primary source-based analysis of the American past at its most ambitious.