Government
Public schools and faith-based chaplains: Texas’ new combination is testing the First Amendment
Recent Supreme Court decisions have signaled a shift in how the country’s highest court interprets the limits on religion in schools.
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In 1996, a school board in eastern Texas created a program called Clergy in Schools. Beaumont Independent School District recruited volunteer clergy to counsel K-12 students on topics such as self-esteem, peer pressure and violence. The goal, officials said, was to create volunteer opportunities, encourage conversation about civic values and morality, and enhance safe learning environments.
Clergy in Schools didn’t last long. A federal trial court in Texas invalidated the program in 2002. The judge found that the program violated the First Amendment, according to which, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” More specifically, the court held that the program was unconstitutional because it was not neutral with regard to faith and conveyed the message that religion is preferable to a lack of religion.
But now, schools across the state are debating whether to open their doors to clergy.
Senate Bill 763, enacted in September 2023, allows school officials to hire unlicensed chaplains, either as staff members or volunteers. Those who can pass background checks will be allowed to perform duties typically provided by counselors, such as mental health support. Local boards have until March 1, 2024, to choose whether to allow chaplain programs in their schools.
SB 763 generates significant questions around the First Amendment. These questions are all the more high stakes given that the Supreme Court has recently signaled shifting views about the limits on religious activity in public schools – themes I teach, write and speak about regularly as a faculty member specializing in education law.
Lone Star State
Across the nation, local boards have difficulty filling counseling positions with qualified staff. In fact, Texas ranks 23rd in the nation in student-to-counselor ratios, with almost 400 students for every counselor.
However, SB 763 was also enacted amid a seeming push to allow religion to occupy a greater place in Texas’ public schools.
One bill requiring officials to display a 16-by-20-inch copy of the Ten Commandments in every public school classroom was passed in the state Senate but died on the floor of the House in May 2023. Another bill, passed by the Senate and sent to a House committee, would allow boards to require schools to provide students with time to pray or read religious texts.
Shifts at SCOTUS
The Supreme Court, too, has displayed a friendlier attitude toward prayer and religion in public education, as reflected in Kennedy v. Bremerton School District: its 2022 decision upholding the right of a Washington state football coach to pray on the field at the end of games.
In so doing, the justices acknowledged that the Supreme Court abandoned the tests it used over the past 50-plus years to assess whether government actions appeared to endorse religion, and therefore whether they violated the establishment clause of the First Amendment.
The most famous of these was often called “the Lemon test,” referring to the court’s 1971 decision in Lemon v. Kurtzman. In order to be permissible, the court ruled in Lemon, an activity involving religion and state had to meet three criteria: that it have a secular legislative purpose; that its principal or primary effect neither advance nor inhibit religion; and that it not result in “excessive entanglement” between religion and the state – though the court did not define “excessive.”
The court also abandoned what was known as the “endorsement test,” which stems from 1984’s Lynch v. Donnelly, in which a man challenged a Rhode Island city over its Christmas display and Nativity scene – and lost. According to the endorsement test, a policy is permissible if a “reasonable observer” would not think it was endorsing or disapproving of religion.
Finally, in 1992, the court abandoned a test it applied only once, in Lee v. Weisman: coercion. The justices invalidated prayer at a public school graduation ceremony on the basis that it coerced people present into listening.
Instead of these tests, the court wrote in 2022’s Kennedy v. Bremerton that “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’” However, it remains to be seen exactly what this means.
Crossing the line?
Even so, SB 763 raises at least three thorny issues about how to assess whether a policy violates the First Amendment.
Initially, assuming the lower courts apply the new test enunciated in Kennedy v. Bremerton – that the First Amendment must be interpreted in light of “historical practices” – there do not appear to be traditions supporting the presence of faith-based chaplains as staff members or volunteers in public schools, regardless of whether they were formally credentialed.
Second is the question of endorsing religion. As noted, the Supreme Court repudiated its earlier tests about whether a policy appears to “endorse” a particular religion or no religion, or coerced people into participating. But the fundamental principle still holds: The First Amendment prohibits government from making any law “respecting an establishment of religion.” It thus appears that SB 763 straddles, if not crosses, the line into establishment. Having faith-based chaplains – a move many Texas chaplains themselves oppose – arguably puts the power of the state behind their actions.
Third is the question of which faiths will be represented and whether the chaplain program would appear to endorse some religions over others. Even if SB 763 were to survive a challenge on establishment clause grounds, one must question whether having chaplains from only some faith traditions is wise in an increasingly pluralistic American society, in which the number of people no longer identifying with religion is growing.
Votes ahead
Not surprisingly, SB 763 has its supporters and critics. A board member in one Texas district described the bill as “a great opportunity to bring some spiritual guidance into the schools.” Another supporter, without offering a rationale, suggested that affording religion a greater place in public education could help to make schools safer, including reducing the risk of mass shootings.
Conversely, more than 100 chaplains from various Christian denominations – including the Catholic Church, United Methodist Church and Seventh-day Adventist Church – as well as Jewish and Buddhist leaders signed a public letter opposing the bill. “It is harmful to our public schools and the students and families they serve,” the signatories wrote, because it neither prevents individuals from proselytizing in schools nor insures that they would have the necessary qualifications to serve students.
Boards have begun to vote on whether to allow chaplains in their schools. So far, boards including those in Dallas and San Marcos have chosen not to do so, while others such as Round Rock and Mineola have decided to allow chaplains in their schools.
SB 763 raises serious questions about what crosses the line toward establishing religion that, I believe, will likely result in litigation. Thus, both sides – whether in favor of or opposed to having chaplains in schools – should be mindful of the aphorism to “be careful what you wish for.”
Charles J. Russo does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
congress senate testing
Government
Are Voters Recoiling Against Disorder?
Are Voters Recoiling Against Disorder?
Authored by Michael Barone via The Epoch Times (emphasis ours),
The headlines coming out of the Super…
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Authored by Michael Barone via The Epoch Times (emphasis ours),
The headlines coming out of the Super Tuesday primaries have got it right. Barring cataclysmic changes, Donald Trump and Joe Biden will be the Republican and Democratic nominees for president in 2024.
With Nikki Haley’s withdrawal, there will be no more significantly contested primaries or caucuses—the earliest both parties’ races have been over since something like the current primary-dominated system was put in place in 1972.
The primary results have spotlighted some of both nominees’ weaknesses.
Donald Trump lost high-income, high-educated constituencies, including the entire metro area—aka the Swamp. Many but by no means all Haley votes there were cast by Biden Democrats. Mr. Trump can’t afford to lose too many of the others in target states like Pennsylvania and Michigan.
Majorities and large minorities of voters in overwhelmingly Latino counties in Texas’s Rio Grande Valley and some in Houston voted against Joe Biden, and even more against Senate nominee Rep. Colin Allred (D-Texas).
Returns from Hispanic precincts in New Hampshire and Massachusetts show the same thing. Mr. Biden can’t afford to lose too many Latino votes in target states like Arizona and Georgia.
When Mr. Trump rode down that escalator in 2015, commentators assumed he’d repel Latinos. Instead, Latino voters nationally, and especially the closest eyewitnesses of Biden’s open-border policy, have been trending heavily Republican.
High-income liberal Democrats may sport lawn signs proclaiming, “In this house, we believe ... no human is illegal.” The logical consequence of that belief is an open border. But modest-income folks in border counties know that flows of illegal immigrants result in disorder, disease, and crime.
There is plenty of impatience with increased disorder in election returns below the presidential level. Consider Los Angeles County, America’s largest county, with nearly 10 million people, more people than 40 of the 50 states. It voted 71 percent for Mr. Biden in 2020.
Current returns show county District Attorney George Gascon winning only 21 percent of the vote in the nonpartisan primary. He’ll apparently face Republican Nathan Hochman, a critic of his liberal policies, in November.
Gascon, elected after the May 2020 death of counterfeit-passing suspect George Floyd in Minneapolis, is one of many county prosecutors supported by billionaire George Soros. His policies include not charging juveniles as adults, not seeking higher penalties for gang membership or use of firearms, and bringing fewer misdemeanor cases.
The predictable result has been increased car thefts, burglaries, and personal robberies. Some 120 assistant district attorneys have left the office, and there’s a backlog of 10,000 unprosecuted cases.
More than a dozen other Soros-backed and similarly liberal prosecutors have faced strong opposition or have left office.
St. Louis prosecutor Kim Gardner resigned last May amid lawsuits seeking her removal, Milwaukee’s John Chisholm retired in January, and Baltimore’s Marilyn Mosby was defeated in July 2022 and convicted of perjury in September 2023. Last November, Loudoun County, Virginia, voters (62 percent Biden) ousted liberal Buta Biberaj, who declined to prosecute a transgender student for assault, and in June 2022 voters in San Francisco (85 percent Biden) recalled famed radical Chesa Boudin.
Similarly, this Tuesday, voters in San Francisco passed ballot measures strengthening police powers and requiring treatment of drug-addicted welfare recipients.
In retrospect, it appears the Floyd video, appearing after three months of COVID-19 confinement, sparked a frenzied, even crazed reaction, especially among the highly educated and articulate. One fatal incident was seen as proof that America’s “systemic racism” was worse than ever and that police forces should be defunded and perhaps abolished.
2020 was “the year America went crazy,” I wrote in January 2021, a year in which police funding was actually cut by Democrats in New York, Los Angeles, San Francisco, Seattle, and Denver. A year in which young New York Times (NYT) staffers claimed they were endangered by the publication of Sen. Tom Cotton’s (R-Ark.) opinion article advocating calling in military forces if necessary to stop rioting, as had been done in Detroit in 1967 and Los Angeles in 1992. A craven NYT publisher even fired the editorial page editor for running the article.
Evidence of visible and tangible discontent with increasing violence and its consequences—barren and locked shelves in Manhattan chain drugstores, skyrocketing carjackings in Washington, D.C.—is as unmistakable in polls and election results as it is in daily life in large metropolitan areas. Maybe 2024 will turn out to be the year even liberal America stopped acting crazy.
Chaos and disorder work against incumbents, as they did in 1968 when Democrats saw their party’s popular vote fall from 61 percent to 43 percent.
Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times or ZeroHedge.
Government
Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence
Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence
Authored by Zachary Stieber via The Epoch Times (emphasis ours),
The…
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Authored by Zachary Stieber via The Epoch Times (emphasis ours),
The U.S. Department of Veterans Affairs (VA) reviewed no data when deciding in 2023 to keep its COVID-19 vaccine mandate in place.
VA Secretary Denis McDonough said on May 1, 2023, that the end of many other federal mandates “will not impact current policies at the Department of Veterans Affairs.”
He said the mandate was remaining for VA health care personnel “to ensure the safety of veterans and our colleagues.”
Mr. McDonough did not cite any studies or other data. A VA spokesperson declined to provide any data that was reviewed when deciding not to rescind the mandate. The Epoch Times submitted a Freedom of Information Act for “all documents outlining which data was relied upon when establishing the mandate when deciding to keep the mandate in place.”
The agency searched for such data and did not find any.
“The VA does not even attempt to justify its policies with science, because it can’t,” Leslie Manookian, president and founder of the Health Freedom Defense Fund, told The Epoch Times.
“The VA just trusts that the process and cost of challenging its unfounded policies is so onerous, most people are dissuaded from even trying,” she added.
The VA’s mandate remains in place to this day.
The VA’s website claims that vaccines “help protect you from getting severe illness” and “offer good protection against most COVID-19 variants,” pointing in part to observational data from the U.S. Centers for Disease Control and Prevention (CDC) that estimate the vaccines provide poor protection against symptomatic infection and transient shielding against hospitalization.
There have also been increasing concerns among outside scientists about confirmed side effects like heart inflammation—the VA hid a safety signal it detected for the inflammation—and possible side effects such as tinnitus, which shift the benefit-risk calculus.
President Joe Biden imposed a slate of COVID-19 vaccine mandates in 2021. The VA was the first federal agency to implement a mandate.
President Biden rescinded the mandates in May 2023, citing a drop in COVID-19 cases and hospitalizations. His administration maintains the choice to require vaccines was the right one and saved lives.
“Our administration’s vaccination requirements helped ensure the safety of workers in critical workforces including those in the healthcare and education sectors, protecting themselves and the populations they serve, and strengthening their ability to provide services without disruptions to operations,” the White House said.
Some experts said requiring vaccination meant many younger people were forced to get a vaccine despite the risks potentially outweighing the benefits, leaving fewer doses for older adults.
“By mandating the vaccines to younger people and those with natural immunity from having had COVID, older people in the U.S. and other countries did not have access to them, and many people might have died because of that,” Martin Kulldorff, a professor of medicine on leave from Harvard Medical School, told The Epoch Times previously.
The VA was one of just a handful of agencies to keep its mandate in place following the removal of many federal mandates.
“At this time, the vaccine requirement will remain in effect for VA health care personnel, including VA psychologists, pharmacists, social workers, nursing assistants, physical therapists, respiratory therapists, peer specialists, medical support assistants, engineers, housekeepers, and other clinical, administrative, and infrastructure support employees,” Mr. McDonough wrote to VA employees at the time.
“This also includes VA volunteers and contractors. Effectively, this means that any Veterans Health Administration (VHA) employee, volunteer, or contractor who works in VHA facilities, visits VHA facilities, or provides direct care to those we serve will still be subject to the vaccine requirement at this time,” he said. “We continue to monitor and discuss this requirement, and we will provide more information about the vaccination requirements for VA health care employees soon. As always, we will process requests for vaccination exceptions in accordance with applicable laws, regulations, and policies.”
The version of the shots cleared in the fall of 2022, and available through the fall of 2023, did not have any clinical trial data supporting them.
A new version was approved in the fall of 2023 because there were indications that the shots not only offered temporary protection but also that the level of protection was lower than what was observed during earlier stages of the pandemic.
Ms. Manookian, whose group has challenged several of the federal mandates, said that the mandate “illustrates the dangers of the administrative state and how these federal agencies have become a law unto themselves.”
Government
Low Iron Levels In Blood Could Trigger Long COVID: Study
Low Iron Levels In Blood Could Trigger Long COVID: Study
Authored by Amie Dahnke via The Epoch Times (emphasis ours),
People with inadequate…
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Authored by Amie Dahnke via The Epoch Times (emphasis ours),
People with inadequate iron levels in their blood due to a COVID-19 infection could be at greater risk of long COVID.
A new study indicates that problems with iron levels in the bloodstream likely trigger chronic inflammation and other conditions associated with the post-COVID phenomenon. The findings, published on March 1 in Nature Immunology, could offer new ways to treat or prevent the condition.
Long COVID Patients Have Low Iron Levels
Researchers at the University of Cambridge pinpointed low iron as a potential link to long-COVID symptoms thanks to a study they initiated shortly after the start of the pandemic. They recruited people who tested positive for the virus to provide blood samples for analysis over a year, which allowed the researchers to look for post-infection changes in the blood. The researchers looked at 214 samples and found that 45 percent of patients reported symptoms of long COVID that lasted between three and 10 months.
In analyzing the blood samples, the research team noticed that people experiencing long COVID had low iron levels, contributing to anemia and low red blood cell production, just two weeks after they were diagnosed with COVID-19. This was true for patients regardless of age, sex, or the initial severity of their infection.
According to one of the study co-authors, the removal of iron from the bloodstream is a natural process and defense mechanism of the body.
But it can jeopardize a person’s recovery.
“When the body has an infection, it responds by removing iron from the bloodstream. This protects us from potentially lethal bacteria that capture the iron in the bloodstream and grow rapidly. It’s an evolutionary response that redistributes iron in the body, and the blood plasma becomes an iron desert,” University of Oxford professor Hal Drakesmith said in a press release. “However, if this goes on for a long time, there is less iron for red blood cells, so oxygen is transported less efficiently affecting metabolism and energy production, and for white blood cells, which need iron to work properly. The protective mechanism ends up becoming a problem.”
The research team believes that consistently low iron levels could explain why individuals with long COVID continue to experience fatigue and difficulty exercising. As such, the researchers suggested iron supplementation to help regulate and prevent the often debilitating symptoms associated with long COVID.
“It isn’t necessarily the case that individuals don’t have enough iron in their body, it’s just that it’s trapped in the wrong place,” Aimee Hanson, a postdoctoral researcher at the University of Cambridge who worked on the study, said in the press release. “What we need is a way to remobilize the iron and pull it back into the bloodstream, where it becomes more useful to the red blood cells.”
The research team pointed out that iron supplementation isn’t always straightforward. Achieving the right level of iron varies from person to person. Too much iron can cause stomach issues, ranging from constipation, nausea, and abdominal pain to gastritis and gastric lesions.
1 in 5 Still Affected by Long COVID
COVID-19 has affected nearly 40 percent of Americans, with one in five of those still suffering from symptoms of long COVID, according to the U.S. Centers for Disease Control and Prevention (CDC). Long COVID is marked by health issues that continue at least four weeks after an individual was initially diagnosed with COVID-19. Symptoms can last for days, weeks, months, or years and may include fatigue, cough or chest pain, headache, brain fog, depression or anxiety, digestive issues, and joint or muscle pain.
Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence
When Military Rule Supplants Democracy
The Digest #187
Redefining Poverty: Towards a Transpartisan Approach
Students lose out as cities and states give billions in property tax breaks to businesses − draining school budgets and especially hurting the poorest students
Is the United States overestimating China’s power?
Biden to call for first-time homebuyer tax credit, construction of 2 million homes
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Low Iron Levels In Blood Could Trigger Long COVID: Study
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