Matt Barber

Even the ACLU's own promotional materials overtly advocate religious discrimination: "The message of the Establishment Clause is that religious activities must be treated differently from other activities to ensure against governmental support for religion."

Utter hokum.

The First Amendment's Establishment Clause -- a mere 10 words -- says nothing of the sort. Its message is abundantly clear, requiring severe distortion to stuff within the ACLU's Marxist parameters. It merely states: "Congress shall make no law respecting an establishment of religion..." That's it.

Now let's break it down. What do you suppose the Framers of the US Constitution -- a document expressly designed to limit the powers of federal government -- intended with the word "Congress"? Did they mean State government? Municipal government? Your local school district? Your third grade teacher?

Of course not. They meant exactly what they said: Congress. As in: The United States Congress! It takes someone with a distinctly disingenuous ulterior motive to derive anything else.

Now what did they mean by "...shall make no law respecting an establishment of religion?"

Well, in a letter to Benjamin Rush, a fellow-signer of the Declaration of Independence, Thomas Jefferson -- often touted by the left as the great church-state separationst -- answered that question. The First Amendment's Establishment Clause was singularly intended to restrict Congress from affirmatively "establishing," through federal legislation, a national Christian denomination (similar to the Anglican Church of England).

Or, as Jefferson put it: "[T]he clause of the Constitution" covering "freedom of religion" was intended to necessarily preclude "an establishment of a particular form of Christianity through the United States."

How far removed we are today from the original intent of our Founding Fathers. The ACLU is largely responsible for creating the gulf between the Constitution's original construction and its modern misapplication.

The ACLU remains one of America's most powerful secular-socialist political pressure groups. It relentlessly tramples underfoot the First Amendment, which guarantees sweeping and absolute liberty for all Americans -- including government employees -- to freely exercise their faith both publicly and privately without fear of reprisal: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Examples of its constitutional abuses are manifold, but one of the most recent involves an ACLU assault against a group of Christians in Santa Rosa County, FL. Liberty Counsel represents those Christians.

An ACLU-crafted Consent Decree has been used as a weapon to threaten school district employees with fines and jail time for merely praying over a meal, and for exercising -- even while away from school -- their sincerely held Christian faith. You read that right. The ACLU is literally seeking to criminalize Christianity.

In August of 2009, Liberty Counsel successfully defended staff member Michelle Winkler from contempt charges brought by the ACLU after her husband, who is not even employed by the district, offered a meal prayer at a privately sponsored event in a neighboring county.

Liberty Counsel also successfully defended Pace High School Principal Frank Lay and Athletic Director Robert Freeman against criminal contempt charges, after the ACLU sought to have the men thrown in jail for blessing a lunch meal served to about 20 adult booster club members.

Under the Consent Decree teachers are considered to be acting in their "official capacity" anytime a student is present, even at private functions off campus.

Liberty Counsel describes this unconstitutional decree:

Teachers cannot pray, bow their heads, or fold their hands to show agreement with anyone who does pray. Teachers and staff cannot 'Reply' to an email sent by a parent if the parent's email refers to God or Scripture. Teachers either have to delete such references from the original email or reply by initiating a new email. Teachers and staff are also required to stop students from praying in their own private club meetings.

During witness testimony, Mrs. Winkler sobbed as she described how she and a coworker, who had recently lost a child, literally had to hide in a closet to pray.

Although the case continues, on Monday the ACLU suffered a tremendous setback while freedom took a significant step forward. Federal District Court Judge M. Casey Rodgers granted in part a Preliminary Injunction in favor of Liberty Counsel's twenty-four Christian clients.

Judge Rodgers concluded that even though "a preliminary injunction is an extraordinary and drastic remedy," one aspect of the Consent Decree -- its attempt to prohibit school employees from fully participating in private religious events -- is so flawed that it must be immediately halted.

The Court thus enjoined the School Board "from enforcing any school policy that restrains in any way an employee's participation in, or speech or conduct during, a private religious service, including baccalaureate" pending a trial on the merits.

"Progressives" are nothing if not consistent. As they gain confidence, they invariably rush across that bridge too far. They engage wild-eyed efforts to "fundamentally transform America" to reflect their own secular-socialist self-image.

I'm certain that both the bare-knuckle spirit of the American people and Liberty Counsel's enduring 92 percent win record against the ACLU will maintain a durable safeguard - an "impenetrable wall of separation" if you will - between our constitutionally guaranteed liberties and a subversive "progressive" agenda built upon the distinctly un-American creed: "Communism is the goal."


Matt Barber

Matt Barber is founder and editor-in chief of BarbWire.com. He is an author, columnist, cultural analyst and an attorney concentrating in constitutional law. Having retired as an undefeated heavyweight professional boxer, Matt has taken his fight from the ring to the culture war. (Follow Matt on Twitter: @jmattbarber).