16 Oct 07

Re: Pennsylvania Senate Prayer

Dear Lieutenant Governor and Senators:

We are writing because we have become aware that “professional complainers” from the extreme atheist left are falsely attacking you, and trying to intimidate you to abolish free speech and freedom of religious expression by your guest chaplains who pray publicly “in Jesus name” on the floor of the Pennsylvania Senate.

A recent letter sent to you on October 10th, 2007 by lawyers from Americans United (AU) for Separation of Church and State(which letter was also widely publicized to their fundraising list) falsely claims that “legislative prayer complies with the Establishment Clause only if it is non-sectarian---in other words, only if it does not use language or symbols specific to one religion.” These lawyers imagine the First Amendment renders illegal certain banned words like “Jesus” during public prayer, and somehow forbids freedom of speech and freedom of religious expression!

They falsely claim Marsh vs. Chambers 463 U.S. 783 (1983)required the removal of words like “Christ” when actually those judges ruled no such thing. Instead the Supreme Court upheld 6-3 a chaplain’s right to pray a non-sectarian prayer on the floor of any legislature, but stopped short of mandating all prayers be non-sectarian.

Quite the opposite, the Supreme Court later specifically forbid any government (including yours) from censoring the content of public prayers or requiring “non-sectarian” prayer content, ruling in 1991 in Lee v. Weisman 505 U.S. 577:

“The government may not establish an official or civic religion as a means of avoiding the establishment of a religion with more specific creeds. ... The State’s role did not end with the decision to include a prayer and with the choice of clergyman. [They] provided a copy of the ‘Guidelines for Civic Occasions’ and advised him that his prayers should be non-sectarian. Through these means, [they] directed and controlled the content of the prayers. ... It is a cornerstone principle of our Establishment Clause jurisprudence that it is no part of the business of government to compose official prayers.”

In other words, if you require “non-sectarian” prayer content, (as AU is now pressuring you to do), you will literally violate the Establishment Clause, by creating an official state-religion (called non-sectarianism), and forcing your guest chaplains to convert to your official government religion,and pray to your false government-sanitized god, or face exclusion, denied equal opportunitygiven to favored faiths that conform to your government prayer guidelines. That’s clearly unconstitutional, revealing AU’s secret mission, to abolish the church and exclude its citizens with government sword.

Chaplains or Senators or any praying citizens do not (and cannot possibly) represent official government speech during their divine moment of public worship. Rather theystand as private citizens (not government actors) representing their own faith and conscience toward their own God. By allowing citizens to speak and pray freely, your government doesn’t honor their specific religious belief, rather it honors freedom itself. The legitimate government purpose (for the Lemon test) is to demonstrate public respect for freedom and diversity. Letting many faiths take turns equally, without favoring one faith over another, exactly fulfils government’s original purpose.

While AU’s lawyer letter hides a veiled threat of their intention to sue you, please take comfort that the Alliance Defense Fund (ADF) has promised to defend, pro-bono, any state government officials who defend freedom in public prayer content. ADF haswritten specific prayer guidelines to safeguard freedom in the Pennsylvania legislature, which I recommend you adopt, here:

Because of the importance of this issue to your constituents, including thousands of Pennsylvania pastors who agree with me (and who mobilize the voters who elect you), I respectfully request to know your position on these matters when you reply to AU.

When the U.S. Navy tried to punish me (a former chaplain) for praying in Jesus name, the U.S. Congress sided with me and 85% of American voters, restoring the rights of chaplains of all faiths to pray publicly according to their conscience. My friends can mobilize manypastors to stand with you firmly against AU’s anti-free-speech pressure. Please call my cell at 719-360-5132 or email if you wish to discuss these matters. God Bless you.

I Pray In Jesus Name,

Chaplain Gordon James Klingenschmitt

“Knowing therefore the terror of the Lord, we persuade men…” 2 Cor 5:11 (KJV)