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Lawmakers have religion on minds
5/14/2008 1:20 AM  comment(s) on this story E-mail this story to a friend



By JIM DAVENPORT Associated Press

COLUMBIA -- Faith in the public square would have a high profile in South Carolina as three bills move closer to becoming law.

One creates license tags with "I Believe" in front of a cross; a second makes clear prayers can be offered before public meetings and a third allows set public displays of key historical legal foundation documents that would include the Ten Commandments.

They're all beginning to raise questions about whether the state is taking a role in promoting faith.

"The South Carolina Legislature should not be in the business of telling people how or when to pray, whether to pray or to whom to pray," said Jeremy Gunn, director of the American Civil Liberty Union's Program on Freedom of Religion and Belief in Washington.

The "faith tag" zipping through South Carolina's Legislature nearly made it into law in Florida. But it was dropped from a license tag bill there at the last minute.

In South Carolina, Baptists wanted the tag on cars here and pitched the idea to Republican South Carolina Lt. Gov. Andre Bauer's chief of staff. State Sen. Yancey McGill, a Kingstree Democrat, got the bill passed in a couple of days without even having a public hearing or debate.

"It's a great idea," McGill said Tuesday, calling it an opportunity to express beliefs. "People don't have to buy them. But it affords them that opportunity. I welcome any religion tags."

What about Wicca, commonly referred to as witchcraft? "Well, that's not what I consider to be a religion," McGill said. And Buddhism? "I'd have to look at the individual situation. But I'm telling you, I firmly believe in this tag."

That tag goes before the House's Education and Public Works committee Wednesday and is expected to be on the House floor for debate next week.

In Florida, the tag would have raised money to help send children to faith-based schools regardless of denomination. "We weren't really looking to get into a debate about a cross or not a cross," said Debbie Federick, a board member of Faith in Teaching, which pushed the Florida bill. "We don't really have a position on what's going on in South Carolina."

While the Florida tag would have paid school costs, in South Carolina the $30 it raises goes into the state's general fund. That may be needed if the state gets sued.

"It raises significant constitutional issues," said Floyd Abrams, one of the nation's top freedom of speech lawyers. A "serious constitutional argument can be made that the issuance by the state of license places with a religious affirmation on them violates the First Amendment."

South Carolina has already lost court challenges on a license tag. In 2004, the 4th U.S. Circuit Court of Appeals upheld a federal judge's ruling that abortion-opponents' "Choose Life" tags were unconstitutional because they provided forum for one group's views and not another's. The state ended up paying $157,810 in Planned Parenthood legal bills.

Legal experts also have questioned including the Ten Commandments in "Foundations of American Law and Government" displays that would also have, among other things, the Declaration of Independence; Bill of Rights; The Emanicpation Proclamation and Martin Luther King Jr.'s "I Have a Dream" speech.

"I believe we have just as much solid legal advice on this in favor as we do in opposition to it," Smith said.

Thomas Crocker, a constitutional law expert at the University of South Carolina School of Law, warned the Senate panel handling that House bill last month that if it's seen as a way of endorsing religion it's unconstitutional. But supporters sometimes stumbled into the tricky ground of which version or book of the Bible the Ten Commandments would be drawn from as they said they'd follow a careful path to make sure the displays didn't amount to a religious endorsement.

And on Tuesday, the House Judiciary Committee a Senate bill that clarifies how public bodies can allow prayer before meetings using one of their members, a chaplain they elect or a religious leader "serving established religious congregations in the local community."

That bill was sent to the House floor with no debate.

Bauer, pushing the tags, and supporting the other bills, has no qualms about expressions of faith heading closer to the governor's desk. "In my perspective, it would be freedom of speech," he said.






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