Correspondence
Correspondence CHRISTMAS CRECHE IN JULY AN EXCHANGE OF VIEWS Central Valley, N.Y. To the Editors: I should like, in two capacities, to comment on Maurice deG. Ford's article, "Creche...
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...Ford's article, "Creche Landing" [April 6...
...p. 397, Huck, Rothco...
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...The first person I asked was a Korean, who said that he had no particular religion...
...It was sur- rounded, in the middle of Pawtucket's central shopping district, by a Santa Claus house, reindeer pulling Santa's sleigh, a Christmas tree, a talking wish- ing well and candy-striped poles, among other secular decorations...
...Second-class postage paid at New York, N.Y...
...He did not object to the messages on the placemat and napkin...
...In its 1983 decision in Marsh v. Chambers, the Supreme Court approved the practice of opening state legislative sessions with prayer...
...Harvard is a private university and does not fall under the Establishment Clause of the First Amendment...
...Pfeffer implies...
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...Scht/ssler Fiorenza justly objects were made in an effort to clarify an d heighten what we believed he was saying in those sentences...
...One close friend of mine, who is, recalls his experience as one of a very few Jews in a school with a Christian tradition...
...In addition, the placemat carried the biblical exhortation: "Because I live, ye shall live also...
...As a lawyer, I am not sure whether Mr...
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...He seemed particularly sensitive, tolerant, and kind...
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...We are sorry for this, and for any damage to the precise meaning the reviewer meant to convey...
...84 SOLOVEITCHIK ON REPENTANCE, Pinchas Peli...
...My characterization of Justice Brennan as bending over backwards not to favor his own religion is speculation on my part...
...First, Chief Justice Burger, writing for the majority, believed the question to be more subtle: The Establishment Clause like the Due Process Clause is not a pre- cise, detailed provision in a legal code capable of ready application...
...D,*W,.,, 13 July 1984:413 Nonetheless, I am not Jewish...
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...For example, before writing my article, I tried to make triply certain that my own religious convictions did not get in the way of my constitutional judg- ment...
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...Second, the adjective "nearly sole" added to the poor as agents of social change connotes a degree of exclusive- ness that I would not want to attribute to Gutidrrez...
...Its director, Father Leonard Feeney, S. J., preached that there could be no salvation outside the Roman Church...
...Modern apologetics or foundational theology show- ing why faith ;s a reasonable option in today's world...
...I deliberately used the subjunctive to express a possible conse- quence --not a present fact...
...Not all the Christ should be taken out of Christ- mas...
...Ford's good humor and his praise of the Court's action as a "mellow decision and one to be commended...
...It doesn't tell me that New York is a Jewish city in some sense of 'established religion' or in some sense threatening my own belief...
...I would appreciate your bringing these corrections to the attention of your readers...
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...Simplistic" is a slogan often used against the theories of libera- tion theology that I abhor and reject...
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...What, as a Jew, troubles me deeply is Mr...
...Ford's ho-ho-ho, and-a-hearty- noggin-of-good-rum-punch approach to the cr&he decision...
...Henceforth, at the Health Serv- ices, only secular placemats and napkins will be provided...
...In God We Trust" is printed on our currency, and court sessions through- out the land open with the marshal declar- ing, "God save the United States and this honorable court...
...Federal District Judge Raymond Pettine had ruled that the Pawtucket dis- play, in which he saw the crtche as cen- tral and prominent, had no secular pur- pose...
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...In the last sentence of his letter, Leo Pfeffer finds"nothing commendable in a decision which for all practical purposes tells us that this is a Christian country, whether you like it or not...
...Paul's Roman Catholic church in Cam- bridge, was St...
...The line between permissible relation- ships and those barred by the Clause can no more be straight and (Continued on page 412) I Ill Commonweal is indexed in Reader's Guide to Periodical Literature, Catholic Periodical Index, Index of American Periodical Verse, Book Review Digest and Book Review Index...
...The purpose of the Establishment Clause "was to state an objective, not to write a statute...
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...That tells me that New York is a Jewish city --in the sense that there are a lot of Jews here and their religious feelings and obligations should be ac-commodated...
...To the Editors: My review discussing the work of Gustavo Gutidrrez [ June 15] con- tained several editorial additions that did not stem from my pen and do not repre- sent my opinions: First, the modifier "somewhat simplistically" is added to a sentence on the theory of dependency...
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...We are unable to per- ceive the Archbishop of Canter- bury, the Vicar of Rome, or other powerful religious leaders behind every public acknowledgment of the religious heritage long offi-cially recognized by the three con- stitutional branches of govern-ment...
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...Moreover, as one friend conversant with religion has written me: "Every fall New York schools have holidays on Jewish holy days...
...More bluntly," he continues, "the answer is fear, a fear which often impels silence, even when one's constitutional fights have been impinged...
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...Or- dinarily I probably would not have paid much attention to this, perhaps because it was compatible with my own Chris-tianity...
...Instead he wrote an opinion, twice as long as that of Chief Justice Burger speaking for the majority...
...I Commonweal: 386 in opposing the majority...
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...2) whether its primary effect is to advance or inhibit religion, and (3) whether it creates an excessive entanglement of government with reli- gion...
...But then I asked a Jewish undergraduate, whom I had come to know...
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...Fear can hardly explain Justice Bren- nan's dissent in another case referred to in the article, the one relating to the em- ployment of chaplains to open legislative sessions with prayer;, and it certainly does not explain the innumerable cases in which he joined in decisions striking down laws financing parochial school in- struction and dissented in others which upheld such laws...
...Catholics should know this, perhaps more than any other religious group, in- cluding Jews...
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...As a Jew, I find it hard to accept Mr...
...Much of the debate between the dissenters and the majority focused on the historical fac- tors in which separation between church and state was rooted...
...The opinion he did write manifests no sense of fear...
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...The crtche, you may recall, did not stand alone...
...His votes in these cases, as well as those of non-Catholic Justice Thurgood Marshall, who voted wi.th him in practi- cally all of them, can be explained simply by a commitment to the strict separation of church and state, "absolutist and rigidly categorical" as it might be to Mr...
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...I find nothing commendable in a decision which for all practical purposes tells us that this is a Christian country, whether you like it or not...
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...I like to think that, apart from the litigants, the reason the Jewish commu- nity did not get upset about the crOche is that religious tolerance has grown enor- mously in this country in the past thirty- five years...
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...This reply to Leo Pfeffer has been writ- ten while I have been a patient at the Harvard University Health Services...
...He makes much of the fact that "the chief minority group likely to be offended, our Jewish breth- ren, did not join in the suit to ban the crtche...
...You don't know what it is like, Mo, to be a minority and always be made to feel such...
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...Next I asked a Muslim, who did not object either...
...Warren Wacker, Director of the Harvard University Health Services and Henry K. Oliver Professor of Hygiene at Harvard Medical School...
...In contrast, during the past few years, there has been started a tradition of joint Holy Week and Pas- sover seder services between Harvard- Radcliffe Hillel and the Harvard-Radcliffe Catholic Student Center...
...nor would he charge it with being guilty of "religious chauvinism...
...Pfeffer, a distinguished and thoughtful attorney, his due...
...A fearful justice would not suggest that the majority seems to be willing "to alter its analysis from Term to Term in order to suit its preferred re- sults...
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...That seems to be greatly overstating the impact of the Court's decision...
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...Perhaps I am attributing my feel- ings to him...
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...Correspondence CHRISTMAS CRECHE IN JULY AN EXCHANGE OF VIEWS Central Valley, N.Y...
...This became "courts disaster by neglecting...
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...Examines the theological crisis that results when a developing theology fails to relate to social problems...
...So I asked around Stillman Infir- mary to see if anyone objected...
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...It is difficult to know with certitude why Jewish organizations in the Pawtuc- ket community did not join in the law- suit...
...FRANCIS SCHUSSLER HORENZA The editorial changes to which Mr...
...More bluntly, the answer is fear, a fear which often impels silence, even when one's constitutional rights have been impinged...
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...In my view, Chief Justice Burger's conception of history as a living and evolving process seems on the mark: The Court has acknowledged that the "fears and political prob- lems" that gave rise to the Religion Clauses in the eighteenth century are of far less concern to-day...
...Any notion that these sym- bols pose a real danger of estab- lishment of a state church is far- fetched indeed...
...At no point in my piece, however, do I attribute fear to Justice Brennan, as Mr...
...If such concern was the motivation, he could have met the danger by the stand- ard formula for such a situation: "Justice Brennan dissents...
...Third, in describing his preferential option for the poor, I wrote: "it could neglect...
...The Pawtucket crtche case is a very difficult one, as the 5-4 split among the justices indicates...
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...In large measure the Su- preme Court's decisions forbidding Protestant-oriented religious instruction and recital of prayers from the King James Bible in public schools, had their roots in lawsuits brought by Catholic parents, with the approval of the local priests, to invalidate these practices...
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...Ford was joking or in earnest in suggest- ing that Justice William Brennan, as the only Catholic member of the Court, might have been concerned that if he were "to enthusiastically approve the crtche, it might appear that he were [sic] unduly favoring his own religion...
...p. 399, Newman, after drawing by George Richmond...
...One explanation for this, suggested by Justice Brennan, is that quiescence2'may have reflected nothing more than their sense of futility in opposing the major- ity...
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...When I was served dinner on Easter Sunday at the Health Services, the napkin and placemat with which the food was served were decorated with Easter lillies and the mes- sage, "He is risen...
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...They acted with full realization that the popular reaction would be as repulsive to them as the crtche ruling is to Jews...
...LEO PFEFFER The author replies First, I wish to give Mr...
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...Although I disagree with Gutidrrez's use of theory of dependency, in no way would I call that theory of dependency or his use of it "simplistic...
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Vol. 111 • July 1984 • No. 13
