ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, December 26, 1994                   TAG: 9412270122
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A4   EDITION: METRO 
SOURCE: LOS ANGELES TIMES
DATELINE: WASHINGTON                                 LENGTH: Medium


RELIGIOUS-RIGHTS EMPHASIS URGED

Advocates of religious rights quickly tick off the examples: A St. Louis fourth-grader put in detention three times for whispering a prayer before eating his meal; a Pennsylvania student's lunch box confiscated because it included the note, `Jesus Loves You'; an 11-year-old in Virginia barred from reciting a Christmas poem because it made reference to Jesus.

``The intolerance for religion in this country has reached shocking levels,'' said John Whitehead, founder of the Rutherford Institute, a religious liberties legal group based in Charlottesville, Va.

``These are not isolated examples,'' added Gary Bauer, a former Reagan administration adviser who heads the Family Research Council. The American Civil Liberties Union ``has convinced educators that they cannot allow any religious expression at school,'' he said.

Complaints of hostility toward religion, circulated widely in conservative and Christian evangelical groups in recent years, are fueling a drive among some activists to draft a broad amendment to the Constitution that would go beyond voluntary school prayer.

The proposal would protect an individual's right to ``religious expression,'' whether it's the high school student sporting a ``Jesus Saves'' T-shirt or the private group that wants to erect a creche in the public square.

``I'm persuaded a constitutional amendment could solve a lot of these problems, and it would get broad, grass-roots support,'' said Steven McFarland, legal director for the Christian Legal Society.

Other religious-rights advocates strongly dispute the need for something as drastic as a constitutional amendment.

``Usually, these cases involve a misunderstanding. They can be cleared up with a quick letter,'' said J. Brent Walker, general counsel for the Baptist Joint Committee, who leads a coalition of religious groups that oppose a prayer amendment.

The Indiana first-grader who was told he could not bring his Bible to school, for example, got an apology shortly after a religious-liberties law firm threatened to sue.

Nonetheless, the continuing dispute shows the confusion and misinterpretation that envelope school prayer.

``I don't know any religious advocacy group which wants to overrule Engel vs. Vitale,'' said McFarland, referring to the 1962 Supreme Court ruling that outlawed official school prayers. ``The government has an obligation to keep religious indoctrination out of the classroom.''

However, some of the same activists believe students' rights to express their religious faith is not now protected adequately.

These Christian legal advocates have worked on several versions of a proposed amendment they plan to unveil early next year.

Lawyers for traditionally liberal groups say they believe these school incidents have been overblown or exaggerated. They also say, however, that they agree in part with one major contention of conservative activists: that many school principals and teachers believe - wrongly - that any sign of religion in a public school violates the law.



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