My Dad and the First Amendment
So I spoke with my Dad this evening. He is a longtime election judge in Colorado, volunteering to serve almost every election. He's very big into public service like that and set a great example for us kids.
Well, today he was doing his early election service, which he'll be doing all week, and was told by the site supervisor that he had to hide his cross. My dad wears crosses most days. The one in question he's had for 30-plus years and was made by James Avery, a popular Christian jewelry designer.
He didn't want to offend anyone or cause trouble, so he hid the cross under his clothing.
But he felt sick about it. He told me he felt his religious rights had been violated. We've looked in the state law and can't find any requirement that you must hide or remove yarmulkes, hijabs, crucifixes or other religious gear in order to serve.
Any thoughts on how he should proceed? Somehow hiding his religious gear under state pressure doesn't seem like the right option. What do you think?
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May '10
Re: My Dad and the First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
--
but maybe this doesn't apply to the states...
Jul '10
Re: My Dad and the First Amendment
But nose piercings and facial tattoo's are okey-dokey, right?
Jun '10
Re: My Dad and the First Amendment
He could get a small cross tattooed on the top of his hand. I don't think anybody will force him to wear makeup over it. But actually, I think his rights are clearly being violated. Would any Muslim woman be told to remove their headscarf? Never happen.
Sep '10
Re: My Dad and the First Amendment
Taking the detached view of this, void of emotion and giving the benefit of the doubt to what is likely the action of an ignorant person, here is what I would suggest: If your Dad is getting paid for his service, then this may be a condition of employment especially if the person who told him is his supervisor. If he is a volunteer, I suggest he contact the person in charge (not the person who told him not to recently) and simply tell them that he is bothered by this, has never had it as an issue before and if it is an issue now, what is the impetus behind it. Take the calm rational approach that makes the person who started it all look like the heel and not your Dad. Hopefully, reason will prevail. Good luck.
Jul '10
Re: My Dad and the First Amendment
His rights were clearly violated.
And his cooperating with that, has made him feel sick.
Oct '10
Re: My Dad and the First Amendment
I suggest he put his cross away and carry a Flip camera or some other video recorder. He has gotten the word from his superior about religion. It would be interesting if he found himself forbidden from recording any wrongdoing.
Our country is under attack by the left and by the secularists. Right now we can not do anything about the secularists but we may be able to avert fraud at the polling place.
If we can do that we may win back our other liberties.
Edited on Oct 26, 2010 at 8:20pmAug '10
Re: My Dad and the First Amendment
That not only sounds like a restriction of his free exercise, but also stinks of an application of a religious test.
May '10
Re: My Dad and the First Amendment
Violation of his 1st Amendment rights. I'd do what Conservative Episcopalian suggested - speak to a supervisor.
May '10
Re: My Dad and the First Amendment
In this, or similar situations, I always recommend saying something along the lines of "I will be happy to comply as soon as you put it in writing and sign it." A lot of these folks exercise authority that they don't have but they retreat fast when you call them on it.
Jul '10
Re: My Dad and the First Amendment
First, his site supervisor is a tool.
But this is a tough one Mollie. It seems to me that your father has three options, all bad:
1. Acquiesce, and be an election judge.
2. Fight (I'd suggest starting with a circumspect approach like Conservative Episcopalian, but once started it could easily snowball) to be an election judge cross & all.
3. Skip it.
Which does he think is the least worst option?
Re: My Dad and the First Amendment
There are responses between "offending and causing trouble" and "agreeing." It's after the fact, but I wonder if the best response wouldn't have been a startled, "Oh, I'm sorry, I can't do that--this is a symbol of my religious faith!" And no matter what the response, just repeating those words in an unconfrontational way, but with more than a hint of astonishment: "No, this isn't a decoration, you see--this is a symbol of my religious faith." I have to imagine that it would sink in at some point--that's a symbol of this man's religious faith, and we do kind of take that seriously in America.
Aug '10
Re: My Dad and the First Amendment
Freedom is never well served by knuckling under to ignorance, bigotry, or stupidity. As a Jew I would not only be deeply offended if, under similar circumstances, someone were to order me to remove the small Star of David I wear, but I'd also find the demand chillingly reminiscent of Germany in the 1930s. And I'd refuse it, making as big an issue of the matter as was necessary.
I can also guarantee that no one I know who wears a kippah (yarmulke) would even for a moment consider removing this constant reminder that there is a power and presence above man, and whose purpose it is to honor G-d.
If your father wears a cross as a symbol of his Christian faith, to remove it at the demand of another is to deny a part of himself-- perhaps a very important part. It also opens the door still further to the next encroachment on personal belief and freedom, and the next beyond that.
These small losses add up-- little ones that, on the surface, don't appear to be worth fighting over-- and one by one they mark the path to the complete surrender of freedom.
May '10
Re: My Dad and the First Amendment
Absolutely, he should wear the cross openly. Shoshanna is exactly right.
And if he is removed from his position for doing so, the Ricochet members with media influence should see to it that his story receives national attention. Whether or not an employer (let alone a government entity) has a legal right to "prohibit free exercise" under any circumstances, our lives are not shaped by laws alone. Social standards, also, can abridge our freedoms... and guard them, too. If civil conversation fails, then public scorn for such acts of tyranny can be a strong pressure.
It's unfortunate that he initially agreed to hide the cross, because that encourages his supervisor to maintain that position. He should try to reason with the supervisor, but I wouldn't compromise on this particular issue.
Oct '10
Re: My Dad and the First Amendment
it will only be an issue if one is a WHITE christian. if you are a black or a hispanic catholic wearing a crucifix, probably no big deal.
May '10
Re: My Dad and the First Amendment
Stuff the bigot supervisor. If your father has access to one, perhaps he can wear a priest's collar, a skullcap, and a large pectoral cross. Make sure he stares them down whilst leaning on a crosier, or with the warning that the members of the ACLU will be involved in any further questioning.
Edited on Oct 27, 2010 at 3:44amMay '10
Re: My Dad and the First Amendment
Mollie, I look forward to learning which of these very fine options suggested above your father elects to employee. God bless him!
Edited on Oct 27, 2010 at 5:21amRe: My Dad and the First Amendment
I feel so much for your father, who is probably a very polite, respectful man. It is entirely possible that there was some obscure rule about such things and he was erring on the side of caution -- agreeing to the request and then going back to check the "rule book." Your father is also, perhaps, a humble man. Perhaps he felt that the important part of the day was to ensure fair and pleasant voting conditions and perhaps he felt so strongly about that element of the day that he pushed aside his own concerns for the good of the voters. Basically, I don't think he was wrong to not immediately speak out. As Americans, we assume certain rights and when one is challenged, it can be such a complete surprise that we don't have all our defense phrases and armor right at the surface. What can he do now? I would suggest he write a letter to the Denver Post (? is that the big paper there?) explaining what happened. My guess is that the message will get through to the people who are responsible. Very frustrating story, Mollie, yet somehow not surprising.
Jul '10
Re: My Dad and the First Amendment
I hope you keep us updated on this outrage. A head should role.
Re: My Dad and the First Amendment
I think that he should fight this -- first by returning to serve as an election judge with the cross in evidence; then, if confronted again, by asking on what grounds he is being asked to hide the cross; and finally, if his supervisor insists that he must hide the cross, by refusing to do so. If ejected, he should file a lawsuit immediately. My bet is that it would be easy to find a lawyer to do it pro bono. There is a move afoot to enforce in this country something like the standards that apply in France, and this move should be resisted.
May '10
Re: My Dad and the First Amendment
Oy Paul! I admire your conviction -- truly. But I'm with Ursula on this. Life is way too short. The combination of lawyers + outrage never results in a positive outcome for anyone but the lawyers. I think a Letter to the Editor sounds like just the ticket.