To the astonishment of no one, we have a dumb new law in Texas that’s causing problems. The unavoidable litigation over the issue is, of course, is the point (more on that later). However, this law is unique in that it has constitutional implications that will almost inevitably take the entire controversy to the front doors of the U.S. Supreme Court. Actually, maybe that’s not unique about Texas law either.
The law at issue is the “In God We Trust” bill, amending the Texas Education Code so that it is mandatory for public schools to display signs bearing the motto “In God We Trust” in public schools if the signs are donated to the schools. Advocates for the law reason that we can’t get to the apocalypse without inciting a flipping culture war because this slogan is already one of our nation’s mottos, it is reasonable to require it to be displayed in public schools so long as the schools don’t have to carry the cost [Note: look into inserting a gif of eye-rolling emoji here].1 Least the signs become any more clearly a method of proselytization, the law limits the permissible artwork on the signage to that of the motto and a picture of the American flag. Nothing more. The stated purpose for the law’s architects was to “bring God back into the public schools”. After all, how will Christian kids in public schools remember the God whom they love and serve without walking past a sign that reminds them every day?
The law has come back into the public light as warring sides are testing the boundaries of the statute. One one hand, a politically conservative group is donating signs with additional background art so as to expand the permissible boundaries in hopes of moving Texas one step closer to state-sponsored endorsement of Christianity. That would, of course, violate the anti-establishment clause of the First Amendment to the U.S. Constitution. But, again, the point is to force the issue (we’re almost there; but not yet. Be patient).
How is this all lawful, you ask? Legal factoid for discussion on different day: every law is legal until it’s legality is challenged. When the legislature creates a law, it is up to the Courts to determine whether that law is lawful or not and that decision is only made in the context of an actual legal battle. Courts do not opine on hypothetical, or potential, problems. So, until someone calls foul by way of a lawsuit, there’s nothing to stop the law from taking effect. Thus, the only way to solidify such a political agenda with the force of law is through litigation.
Critics of the bill rightly point out that the Establishment Clause of the 1st Amendment means that the State cannot endorse one religion over another. So the banners reminding students and educators “In God We Trust” beg the question: which God? Legal precedents have already made clear, for example, that if there are public displays of Christian ideals on State-owned land, a display of other religious views must also be permitted. The same is true of religious prayers in government-related meetings. So you can see where this is headed.
On the other side of this battle is an enterprising activist that is raising this point by donating signs reading “In God we Trust”…in Arabic.
Checkmate. Because the law doesn’t specify a single language that the motto should be printed in, why not use the dialect of America’s most despised culture to communicate that we are a nation full of people with diverse religious beliefs? Thus, Christian ideology should not be forced upon anyone, especially not children in public schools for whom daily attendance is compulsory.
While this particular motto has been established for quite some time, as Kristin Kobes DuMez points out in her New York Times Best Seller, Jesus and John Wayne, this slogan only came to life in 1956 as an intentional effort to conflate national morale, and military support with evangelical Christian identity. Not to put words in Mrs. DuMez’s mouth, but regardless of whether the extremity of the situation was foreseeable at its inception, we are where we are now as a nation because some vision of Christian nationalism was the desired destination. Perhaps the January 6thness of it all was inevitable.
From here, we could easily pivot to a myriad of highly nuanced, academic constitutional, or theological, discussions. But, in this season✨, I feel like God has given me a specific assignment✨, and laid this word on my heart✨ specifically for my melanin-challenged evangelical siblings of the faith: STOP IT. Just stop. It.
Stop, Collaborate, and Listen.
It’s one thing to need to avail yourself of the legal system. It’s something else to attempt to insert yourself into the legal system in hopes of wielding said system, and the Constitution, to attain religious ends. After all, anyone who has reckoned with injustice in the legal system will tell you that sometimes you can have the law on your side, and the facts to boot. But injustice happens. The legal system is inherently political, even at the highest levels where judges are appointed. Thus outcomes are often not determined by what the law is, or the way that things should be. Rather, sometimes it comes down to the political party the official is associated with, the flip of a coin, the discretion of an elected (or appointed) judge, a whim, or the casting of even more nefarious lots.
The law is a loose canon rolling on the deck of poorly constructed ship in turbulent seas, primed and sure to fire, savvy?
You cannot guarantee the target. It makes sense to avail ourselves of the courts when there’s a dispute about how to handle matters that can only be solved by litigation.2 But, one does not simply walk into the machinery of the legal system in order to prove a point. It is folly. For the Christian, this is even more true. The secular legal system was neither intended, nor designed, to shape our spiritual life. Arguably, when it's called upon to do so, it usually fails. That's sort of what Jesus' whole Keystone cop arrest, Kangaroo court trial, wrongful conviction, and capital punishment was all about. As so many people discover on a daily basis, the Justice system is not always just. So when you repeatedly roll the dice with the system, it will eventually go awry and not with little consequence.
So You Wanna’ Be Startin’ Something
With this law in particular, there’s no legitimate reason for us to be utilizing the time and resources to fight this battle. It’s not as though a student came to school wearing a shirt reading “God Bless America” and was forced to take the shirt off. That would be unlawful and the issue has long been resolved. But there is incredible hypocrisy in Christians manufacturing a controversy in order to gain more political power. Particularly considering the origins of our faith in the oppression of the Jewish people outside of democratic government in the first century church. We, more than anyone, should understand the rancor inherent in using the State to create religious standards. We should be the last to demand a show of allegiance when the shofar, tambourine, and acoustic guitar begin to play.
From a scholarly perspective, this goal is not just wicked but also foolish. Our legal system is evolutionary in nature. Its base is built on generations of preceding cases that determine how we interpret laws and set their parameters. A good illustration would be a tower made of Jenga blocks. The sturdier the base of the tower is, the easier it is to build upon. The cases that form the base of the tower are referred to as Stare Decisis. And it is vital that the foundations remain secure so that the law remains consistent. However, each time that a law, or its application, is challenged and modified, we risk a significant shift in the formation of the tower. Blocks get removed from the base and re-shuffled in precarious positions. Things that don’t make sense become the law of the land. When you’re on the winning team, it seems like a great idea. But, especially keeping in mind the fact that it can take half a decade or more for a case to make its way from beginning to Supreme Court decision, the landscape of today’s court that we intend to utilize as tools in our agendas could be quite different, and unfavorable to the cause tomorrow. It may seem like a really clever idea right now to fight a legal battle over baking a cake for an LGBTQ+ couple rather than humbling ourselves and turning the other spatula. But what will you do when it backfires? As Robert Bolt so eloquently penned in A Man for All Seasons:
“William Roper: “So, now you give the Devil the benefit of law!”
Sir Thomas More: “Yes! What would you do? Cut a great road through the law to get after the Devil?”
William Roper: “Yes, I'd cut down every law in England to do that!”
Sir Thomas More: “Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!”
Stop. Drop. Shut it Down & Bake the Cake in Your Shop.
So, Christians, I’m begging: stop manufacturing legal crises for the sake of solidifying religious power in secular forums. Just stop. To quote Luther, “The Christian shoemaker does his duty not by putting little crosses on the shoes, but by making good shoes, because God is interested in good craftsmanship.” At no point did Jesus posit, “You shall be known by the religious language on the seal of your government-issued currency.” Quite to the contrary, Jesus told us explicitly to render unto Caesar what is Caesar’s. Mark 12; Matthew 22. We’re quick to echo this wisdom when it suits us, but we rarely consider the full implications of the story. The coin on which Caesar’s image was inscribed - Caesar, the ruler likened by Roman law to a deity - conveyed without argument: this object belongs to Caesar as evidenced by the fact that it is stamped with his image. But “the things that are God’s” to which Jesus refers in the latter part of that passage refers to those things on earth which are stamped with the image of God. Made in His image. We, His people. By this, instructs Jesus, everyone will know that you are my disciples, if you LOVE one another. John 13:35.
Tell me why I’m wrong. I’m not wrong. But tell me anyway.
Note: I’m going to take a break from substack articles for a couple of weeks while I work on a deadline for my book. Y’all, I have a literary agent and I’m writing a book. Crazy, right?!!!!!. So, I’ll see you back in October. Thank you to everyone who has read, commented, or shared these pieces. Your encouragement is so uplifting. Please continue to share with loved ones. It inspires me to keep going!
Note: Be sure to delete this note before publishing. 🙄
Please don’t hear me as saying that Christians shouldn’t go to court. If you need a lawyer, get a lawyer and do what you have to do.
Faith Around & Find Out
This article is informative There are so many hidden agendas that we have never seen. Thank you.
Great points! What's going to happen when Christianity is no longer in the majority :-/
https://www.npr.org/2022/09/17/1123508069/religion-christianity-muslim-atheist-agnostic-church-lds-pew#:~:text=America's%20Christian%20majority%20is%20facing%20steep%20declines&text=The%20study%20found%20that%20Christians,had%20slumped%20to%20about%2064%25.