[Congressional Record Volume 147, Number 139 (Tuesday, October 16, 2001)]
[Senate]
[Pages S10774-S10775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  STATEMENTS ON SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE CONCURRENT RESOLUTION 79--EXPRESSING THE SENSE OF CONGRESS THAT 
   PUBLIC SCHOOLS MAY DISPLAY THE WORDS ``GOD BLESS AMERICA'' AS AN 
                  EXPRESSION OF SUPPORT FOR THE NATION

  Mr. THURMOND submitted the following concurrent resolution, which was 
referred to the Committee on the Judiciary:

                            S. Con. Res. 79

       Resolved, by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that it is 
     consistent with the Constitution for public schools to 
     display the words ``God Bless America'' as an expression of 
     support for the Nation.

  Mr. THURMOND. Mr. President, I rise today to introduce a resolution 
that would demonstrate the support of Congress for the renewed public 
patriotism in our country. It would express the sense of the Congress 
that public schools should be free to post the phrase ``God Bless 
America'' without the misguided fear that it is illegal and violates 
the Constitution.
  In response to the terrorist attacks of September 11, the patriotism 
of the American people can be seen everywhere. The American flag is 
being flown all across our country, from homes and cars to schools and 
playing fields. Patriotic songs are being sung with a renewed 
enthusiasm at all public places.
  One such patriotic song is ``God Bless America,'' which was written 
during World War I and became part of American life. Members of 
Congress spontaneously sang it on the steps of the Capitol the night of 
the attacks, and it has been played countless times across the country 
in recent weeks.
  The outpouring of unity and love that our Nation has expressed is 
inspiring. It is truly a fitting response to the terrorists. After all, 
their goal was to tear us apart, but what they have actually done is 
bring us together.
  One small expression of unity came from Breen Elementary School in 
Rocklin, California, which posted the phrase ``God Bless America'' on a 
marquee in front of the school.
  Given the patriotism all across our country, this small expression of 
resolve would not seem to be newsworthy. After all, these words are 
part of the history and fabric of our country. These words demonstrate 
the spirit of America.
  Unfortunately, there are a few who do not agree, and do not support 
Breen Elementary's display of patriotism. The American Civil Liberties 
Union has demanded that the school remove the slogan, saying that the 
school is clearly violating the Constitution. It even referred to the 
display of ``God Bless America'' as ``hurtful'' and ``divisive.''
  To say that ``God Bless America'' is ``hurtful'' and ``divisive'' is 
absolutely ridiculous. The phrase is also in no way unconstitutional. I 
have disagreed with the ACLU many times over the years, but their 
response here is even hard for me to believe. It simply wrong for the 
ACLU to try to bully this school into supporting its extreme 
interpretation of the Constitution.
  Fortunately, the school is not intimidated. Rocklin Unified School 
District Superintendent Kevin Brown has made it plain that the school 
is standing firm in its decision to keep ``God Bless America'' posted. 
It is a decision that is principled, appropriate, and entirely in 
keeping with the Constitution. We all should be proud of the school for 
taking this courageous stand.

  Simply put, the ACLU has no support in the law for its position. 
While there does not appear to be any Federal cases ruling on the 
phrase ``God Bless America,'' various challenges have been made to a 
similar slogan, ``In God We Trust.'' The Ninth Circuit Court of 
Appeals, arguably the most liberal federal appeals court, held in 
Aronow v. United States that the use of this phrase on currency and as 
the national motto does not violate the establishment clause of the 
Constitution. The court said, ``Its use is of a patriotic or ceremonial 
character and bears no true resemblance to a governmental sponsorship 
of a religious exercise.'' It also said that ``it is quite obvious'' 
that the phrase ``has nothing whatsoever to do with the establishment 
of religion.''
  While the ninth circuit is the most relevant here because the school 
is located in California, other circuit courts

[[Page S10775]]

have reached the same conclusion. The tenth circuit explained in Gaylor 
v. United States that the national motto ``through historical usage and 
ubiquity cannot be reasonably understood to convey government approval 
of religious belief.'' In cases such as Lynch v. Donnelly, the Supreme 
Court has indicated its approval of these rulings. Even Justice William 
Brennan, one of the most liberal Supreme Court Justices of the modern 
era and one of the most strident advocates for the separation of church 
and state, even indicated his support for this view, saying that 
Americans have ``simply interwoven the motto so deeply into the fabric 
of our civil polity'' as to eliminate constitutional problems.
  The same reasoning applies to Breen Elementary's use of ``God Bless 
America.'' Both of these phrases show the important role that religion 
plays in America, but they are not an establishment of religion or 
endorsement of religious belief.
  It is also significant that even when the Supreme Court ruled that 
organized prayer in public schools was unconstitutional in Engel v. 
Vitale, it made it clear that the case did not apply to patriotic or 
ceremonial anthems that refer to God. While I have always viewed this 
case as misguided, and have for years introduced a constitutional 
amendment to reverse it, even this case supports Breen Elementary 
School.
  The fact is that religion is central to our culture and our patriotic 
identity as a nation. As the Supreme Court said in Lynch v. Donnelly, 
there is an ``an unbroken history of official acknowledgement by all 
three branches of government of the role of religion in American 
life.''
  This is not something we should ignore or hide. I have never 
understood why some have desperately tried to remove any acknowledgment 
of religion from American life.
  Just the opposite should be the case. It is only fitting that we 
would turn to these expressions in times of great difficulty.
  I hope that my colleagues will join me in supporting the patriotism 
displayed in Rocklin, California. Throughout the history of this great 
Nation, we have invoked the blessings of God without establishing 
religion. From prayers before legislative assembly meetings and 
invocations before college football games to the national motto 
embedded on our currency, our Constitution has allowed references to 
God. During this time of national tragedy and recovery, we should not 
allow extreme interpretations of the Constitution to dampen our 
patriotism and resolve.
  This is an important matter that deserves our attention during these 
difficult times. A resolution very similar to this one has been 
introduced in the House by my friend, Representative Henry Brown. We 
should support Breen Elementary School and others like it as they 
personify the spirit of America.

                          ____________________