The Lehigh County seal and flag was
commissioned on December 28, 1944. The
Historical Society Commissioner stated that the cross signifies the “Christianity
and the God-fearing people which are the foundation and backbone [Lehigh]
Country”. The other images represent
various other aspects of the Lehigh County, including a read heart as the
“emblem of the City of Allentown, and the two books and the lamp “represent the
education system”. The seal is seen on
County documents, and around the County Courthouse and has been in use for over
seventy years with no complaint…until now.The Freedom from Religion Foundation is arguing that the depiction of the cross is a clear establishment of religion, and thus in violation of the establishment clause. The county argues that the seal, as a whole, represents the history of the region. They also argue that it is not unconstitutional to recognize and symbolize the religious history of the region, just because it is religious, rather it is hostility to religion. Lehigh county also argues that the cross represents religious minorities who settled the region and have played a major role in history of the county. Current Commissioner, believes that the cross is a “secular symbol representing just the history of the early settlers”.
The case, Freedom from Religion v.Lehigh County, is currently in the Third Circuit Court of Appeals, they are given the task of deciding if the use of a cross is forcing Christianity on the citizens of Lehigh County, or if the cross is a symbol of the history of the town and may remain in use. This case will create a precedent including the protest against the use of God on the United States currency.
In deciding this case, the Lehigh County should not be punished nor prevented from symbolizing their history just because it is religious. The seal is not being used to coerce citizens, neither forcing prayers and religious attendance. The Supreme Court has not been consistent in their application of the Lemon Test, created in in Lemon v. Kurtzman, yet if used today the seal would not pass the three-pronged test. The first prong questions if the cross has a secular purpose, although the county may argue that the purpose is to symbolize and recognize the religious groups that first colonized the area and are prominent in the Lehigh County history, many without the knowledge of the county’s history could see the cross as the establishment of religion within the county.
If we were to remain dedicated with past precedent the decision in Town of Greece v. Galloway, shows the courts willingness to protect the religious traditions in the United States. In Town of Greece v. Galloway the Supreme Court determined that the legislature could begin session with a prayer because of the historical significance and traditional founding. Lehigh county is arguing to protect their religious history and traditions as well.
Although there may be a secular purpose to recognize the county’s long and rich history, the use of a cross a clear religious symbol and should not be on a government seal. While Greece v. Galloway creates a precedent that protects religious traditions. The use of a cross on the county seal is an establishment of religion because one difference between the Greece v. Galloway case was the fact that there was an opportunity for prayers to be nondenominational and was also open to any type of religion. The cross on the seal is a clear symbol of the Christian faith and it is this promotion of one religion that is violating the Establishment Clause.
6 comments:
I agree with your analysis of the case. I think that the implications of having a seal contain a explicitly religious symbols speaks to a degree of homogeny in the town that can not be supported by the claims of offense by the symbol. The town seal represents the community and government that runs the town, by only placing a cross on the seal the town is endorsing only one religion, clearly violating the establishment clause. To a objective onlooker, this symbol can be seen as purely religious if not further instructed on the secular background. Furthermore, how ever much secular background there is, there can be no doubt that fundamentally the symbol of a cross is identified with Judeo-Christian values.
I find the argument presented in this to be rather trivial. Given, a large portion of my family is from the Lehigh Valley; I can assure one the seal has no impact on the lives of 99% of the county's citizens. That being said, Christianity has a significant historical impact on the foundation the Lehigh Valley community. The other objects in the seal represent industries, created by people predominately of the Christian faith. You noted the precedent in Greece v. Galloway; I do not see how this case could be viewed any differently. It does not promote any religion, nor does it discriminate against another one.
I also agree with your conclusion in this case. I do not think that using history and tradition of the county to justify having a religious symbol on their flag is a good argument at all. Just because we have historically done things a certain way does not mean that we have to keep doing it that way. There are many things throughout our nations history that we thought of as traditions and norms of our culture but once we realized their exclusive and oppressive nature we worked to change it. I think that preferencing one religion over another sets up the same problem as other oppressive systems and we should work to be more inclusive of all religions and that starts with being aware of the problem that we are basically an established Christian nation.
Personally, I view the flag as an establishment of religion. Having a large cross as the center piece of the flag with no other religions represented is not neutral. The Christian cross is one of the most important and holy symbols of their religion, and therefore would advances Christianity. Moreover, while I understand the cross might symbolize a deeper, more historic message, a reasonable observer outside of Lehigh Valley would not know this. Historical foundations, although sound reasoning, can create a slippery slope in justifying other religious symbols, messages, and so on and so forth.
I agree with your conclusion that although you can argue secular reasons for the cross in the seal, such as tradition, you can clearly view it as an establishment of religion as well. The problem here is there's so much room for debate because of the history of the seal and how long it has been used without discussion. In regards to the argument of tradition, this makes me think about the debate over the use of the confederate flag today. Some see it as tradition whereas many others see it as division and even racist. In either case, one side will be hurt by the decision, but it is the government's job to protect citizens and create equality, in this case, religious equality.
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