c. 1997 Religion News Service

WASHINGTON _ The National Association of Evangelicals (NAE) has announced it now supports a proposed constitutional amendment aimed at expanding the protection given religious speech, including prayers in the public schools.

The proposed amendment, sponsored by Rep. Ernest Istook has gone through a number of drafts and language changes as the Oklahoma Republican has sought to rally religiously based conservative groups to the cause.

It would, if adopted, be the first time the word God is used in the nation’s founding document and, critics claim, essentially rewrite the Bill of Right’s religion clauses.

The NAE announced its support for the current version of the Istook amendment Thursday (May 1), saying the congressman has added language addressing concerns the NAE had expressed about earlier drafts.”We can now support the amendment because it addresses a basic concern of the evangelical community _ that government not deny equal access to public benefits on account of religion,”said Don Argue, president of NAE, a voluntary association of 49 denominations, individuals from 27 other denominations, and 245 ministries and educational institutions.

The NAE’s endorsement follows other recent revisions negotiated by Istook and officials of the Christian Life Commission (CLC), the public policy arm of the Southern Baptist Convention. The CLC announced its support of the proposal April 21.

Forest Montgomery, counsel of NAE’s office for governmental affairs, said changes to the amendment made during negotiations with the CLC were crucial but insufficient for Istook to win NAE’s support. Argue and Istook continued discussions by phone and fax that led to the addition of three words _”equal access to”_ to the last phrase of the amendment.

The amendment now reads:”To secure the people’s right to acknowledge God according to the dictates of conscience: The people’s right to pray and to recognize their religious beliefs, heritage or traditions on public property, including schools, shall not be infringed. The government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.” Montgomery, who has been working on proposed language for an amendment since 1994, said it is important to include the words”equal access”in the proposal.”What we are arguing for is that people of faith should not be discriminated against and if there’s some public benefit that’s available, it ought to be available on an equal basis to the secular and the sacred,”he said.

An example of such a benefit might be a school voucher system under which states provide aid for low-income parents to send their children to private schools. If a state adopted such a plan, religious schools could not be barred from participating in the plan as they currently are under prevailing court interpretations of the Constitution.

Brent Walker, general counsel for the Baptist Joint Committee on Public Affairs, said the”equal access”language does not improve the amendment. Walker’s group is among the strongest critics of the proposal and is adamantly opposed to any amendment.”I think that it makes it worse, not better,”he said.”The whole notion of protecting free exercise (of religion) requires the government sometimes to treat religion differently.” Walker cited the examples of tax exemptions and exemptions from civil rights legislation allowing Southern Baptist churches to hire only Baptist ministers if they choose and not be accused of employment discrimination.

Walker said he is surprised the NAE and the CLC have”folded so quickly”and accepted Istook’s proposal.”At best, these changes are cosmetic,”he said.

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Istook, on the other hand, expressed his pleasure with the increasing support for his proposal, which he plans to introduce on the House floor in the near future.”I am delighted the National Association of Evangelicals has endorsed the Religious Freedom Amendment,”he said.”This is yet another addition to a long list of supporters who prayerfully wish to restore religious freedom, to repair how courts have distorted the First Amendment.”It is significant that the NAE wants to assure that all Americans have equal access to express their beliefs, and not be disqualified from equal treatment on account of religion.” Other prominent supporters include the Christian Coalition, the Traditional Values Coalition, the Family Research Council, Focus on the Family and Concerned Women for America.

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Many conservative Christians believe some kind of amendment is needed to protect religious expression in public places _ including prayer in public schools _ but there had been a deep division among them about the exact wording and what kind of wording would pass muster in the courts.

Although that rift appears to be mending, there are still questions within conservative circles and outright opposition from non-conservatives.

Steven McFarland, director of the conservative Christian Legal Society’s Center for Law and Religious Freedom, said Friday (May 2) the recent language changes continue to be”headed in the right direction,”but he still wants clarification of Istook’s intentions. He fears the amendment as presently worded might encourage government promotion of particular religions.”Until we are absolutely sure of what we’re buying and what we’re selling to the public and that it is best for the Constitution and for our grandchildren, we’re not going to sign on,”said McFarland, whose national association’s membership includes about 4,500 Christian lawyers and law students.”I don’t care if the entire religious universe has signed on.” (OPTIONAL TRIM – STORY MAY END HERE)

Representatives of the Coalition to Preserve Religious Liberty, an umbrella of church-state separation groups, Jewish organizations and Protestant agencies, fiercely oppose Istook’s proposal, arguing the Constitution does not need amending to protect religious expression.

Coalition representatives Friday briefed Democratic House staffers on their stance. They held a similar hearing for Republican House staffers last month.

Walker, whose Baptist Joint Committee is a member of the coalition, said the increasing cooperation among conservative religious groups”makes the fight more difficult … but I think we can still win it.”

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