Expressions of Faith Affirmed

By Cory L. Shreckengost

This Policy Brief was also published by the Susquehanna Valley Center for Public Policy ~ Read it here.

Posted ~ July 3, 2003

This weekend, Americans from sea to shining sea celebrated the unbounded freedoms we enjoy in this nation. We thought it fitting to pause and celebrate two rare victories for religious freedom right here in Pennsylvania -- the very place where the American dream of freedom and liberty was born some 200-plus years ago.

Recently, two important decisions were handed down by the courts that affect religious life in the Keystone State. These rulings spanned both eastern and western Pennsylvania.

A few weeks ago, we talked about the case involving a 43-year-old teacher's aide from western PA.  For years, Brenda Nichol, who worked at Penns Manor Area Elementary School in Indiana County, donned a one-inch long cross pendant on her necklace.  This simple expression of faith, albeit an unobtrusive one, cost Brenda her job last April.

An 1895 Pennsylvania Public School Code was cited as the principal rationale for discharging her from her duties.  As argued by her employer of eight years (ARIN Intermediate Unit 28), this 108-year-old school code prohibited the wearing of religious garb and insignia in the classroom.  When Nichol refused to compromise her spiritual convictions, ARIN suspended her for a year without pay.

Nichol, with the counsel of the American Center for Law and Justice, brought a lawsuit against ARIN that challenged the suspension.  With Judge Arthur J. Schwab presiding, the U.S. District Court in Pittsburgh is now set to rule on the controversy.

Although a final hearing is set for August 28, Schwab has granted a preliminary injunction that calls for Nichol's full reinstatement with back pay and benefits.  A permanent injunction may be issued on the 28th, as requested by Nichol's legal counsel.

Judge Schwab ruled that ARIN's policy -- which is in line with the 1895 statute -- did not serve "any important or compelling state interests."  Without such interests being served, Schwab concluded that the policy demonstrated a "decided hostility toward religion."

In a news conference, Nichol responded to the court's ruling by saying, "I hope that it makes a lot of people think more about their religious freedom and their freedom in general."

The court's affirmation of Brenda Nichol's religious freedom, as well as her freedom of speech, is an important one.

This decision, however, is not alone in its significance.  Another ruling with religious implications was decided within days of Nichol's.  It comes from Chester County, Pennsylvania, just outside of Philadelphia.

In March 2002, the courts decided that a plaque exhibiting the Ten Commandments must be removed from the Chester County Courthouse.  The suit was brought by members of an atheist organization known as the Freethought Society of Greater Philadelphia.

On June 26, the 3rd U.S. Circuit Court of Appeals overruled the prior decision.  The court issued a decree which allows the plaque to remain at the courthouse indefinitely.  As viewed by the federal appeals court, the plaque did not constitute an official endorsement or establishment of religion.

The mere presence of this plaque, which has adorned the edifice for 83 years, was not deemed a violation of "separation of church and state."  In fact, Chester County Commissioner Andrew Dinniman emphasized the secular relevance of the Ten Commandments to the development of our nation's judicial system.  Likewise, a lawyer for the Chester County Historic Preservation Network remarked that the plaque is not likely to be mistaken for the supreme law of the land by the common passerby.

These dual affirmations of faith are a victory for religious liberty in Pennsylvania.

Lest anyone forget, our nation was founded on the notion that personal freedom must be preserved at all costs.  We must never take our liberty for granted.  The freedom of religion is not a privilege; it is a right -- a right that requires public vigilance if it is to be maintained.

Cory Shreckengost is an author and a Policy Analyst at the Shenango Institute for Public Policy.   In addition to his role at the Shenango Institute, he also serves as an Associated Scholar with the Susquehanna Valley Center for Public Policy.  For our most recent policy briefs please visit www.shenangoinstitute.org