Yesterday I set out to clarify a misconception on what the phrase 'Separation of Church and State' actually means and where it comes from. I posted on the Freedom From Religion Foundation's Facebook page in an effort to begin friendly dialogue and the page's fans didn't disappoint. I promised to respond to their comments individually but alas, family responsibilities didn't allow me to, so responding today on work time it is...

***This entire piece contains the opinions of Keith James and in no way reflects those of Oldiez 96 or Townsquare Media***

 


 

Keith James
Keith James
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Who Am I?

I am (for now) merely a radio DJ and opinion blogger and I do not pretend to be an expert on any topic, really. I do feel that I am decently level-headed do not believe that this topic requires giant amounts of study in order to gather the pertinent facts and form a position. I've been given a microphone and a keyboard to use for whatever makes my heart beat and to cover local interest stories and the Utica fire station sign satisfies both.

I come from a fundamentalist Baptist background but haven't identified as such for the last 6 years or so, so I do not have a proverbial axe to grind nor am I defensive of this topic for any other reason than I personally find it's existence for the last few days while stimulating, to be relatively trite compared to true oppressive human rights issues. Additionally, I personally don't believe that Jesus was actually born on Christmas Day (nor do I think that it really matters) and am also aware of the holiday's pagan origins. I'm more affected by the rampant and almost compulsory commercialization that comes with Christmas than I am by any of the other attached trappings.

 


 

Photo by Spencer Platt/Getty Images
Photo by Spencer Platt/Getty Images
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Utican Climate For Outsiders...

The sign in question was actually put up shortly after 9/11 by the firefighters themselves (although their commanding officer allows it as a professing Christian) and along with the at least 60,000 other residents in Utica, I've been passing by it daily every Holiday season since the sign's erection without so much as a second thought, least of all a negative one. We are a predominately Catholic community as well which may explain why so many of us never batted an eyelash over this and remain largely positive over the sentiment and as a point of fact, our resident Muslim Cleric has gone on record in support of this sign as well.

 


 

Photo by Alex Wong/Getty Images
Photo by Alex Wong/Getty Images
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What Do Our Founding Documents Really Say?

We are both citing the First Amendment as a pillar of our arguments and it is obvious that individual interpretation and predisposition are at the heart of our disagreement here. As I read the language and intent of the Establishment Clause, I see that only the Legislative Branch (Congress) is the authority being admonished here, not the Judicial Branch and certainly not 'government' as an all-inclusive term that trickles down to a tiny public fire station in Central New York. No laws were to be passed in order to elevate one religion as a National religion, and as yet that hasn't happened. Job well done.

 


 

gualbertobecerra for Thinkstock
gualbertobecerra for Thinkstock
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What Did Thomas Jefferson Really Say?

We both cite Thomas Jefferson's letter to the Danbury Baptists in support of our arguments as well, but once again the context of his letter was to assure the minority in question that they would not be persecuted by some forthcoming national decree (although they were feeling heat at the state level.) It was never the intent of our forefathers to silence religion from the public forum whether those speaking were operating in an official capacity or otherwise. While it may seem out of context for an official or public service rep to make their views known in any way, it is not unconstitutional nor is it unlawful. Personally, I find athletes and musicians who use their platform to give thanks to God for their skills and accomplishments to be out of the context of what they do as well, but they are not in violation of anything than opposing sensibilities, no matter how juvenile or even malicious the comment may appear.

 


 

Creatas for Thinkstock
Creatas for Thinkstock
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What Is The Supreme Court's Role In All Of This?

The problem here is that while the Judicial Branch oversees the Constitution and laws passed by Congress, they do not have the authority to write new law by way of court decisions and while there may be a century or more of litigation history on the subject of separation of church and state, I see no basis of national law itself or Constitutional language that would support Chief Brooks taking his sign down. It bears mentioning that courts with the justices and juries that sit on them are human and may endeavor to make unbiased decisions, but they are not infallible and in my estimation the amount of litigation history is irrelevant if it comes to light that the litigation should never have been pursued in the first place. It's also interesting to note here that whenever a court rules, those who were found in favor of praise the system and those whom the decision opposed lose faith in it. It is still in the end still nothing more than opinion although coming from a seat of authority.

 


 

YanLev for Thinkstock
YanLev for Thinkstock
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In Summary

It may be your preference that the station chief not make his views known on the property of the fire station, but there is no evidence in our nation's founding documents, nor in the personal comments of the men who wrote them to support taking away the inalienable right that these firemen were granted long before they were born. If the Supreme Court hasn't expunged the 10 Commandments and other benign religious embellishments from it's building, I highly doubt that they're going to tell Chief Brooks to stop putting his sign up too. Makes me wonder though what good ole T.J. would've said had he been our 43rd President rather than our 3rd and got wind of these happenings here in little Utica, NY.

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