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upon the Judeo-Christian Ethic of the founding fathers of this country. Even Thomas Jefferson, who certainly was the least evangelical of the founders of this country, said in his Charter for the University of Virginia, that the proofs for God as the sovereign Lord and Creator and Ruler of this world and of the moral requirements and obligations which flow from that, must be taught to all students. The legislation of this country was based upon Christian morality as revealed in the Word of God. This is where we derived our morality. However, for the last four decades we have seen in this nation that the Christian morality is slowly being replaced by the secular humanist morality as the foundation for legislative enactments. When that substitution is complete you will find yourself living in an America very alien from anything that you have known. When all of their so-called ethical agenda has successfully been transformed into legislation this will be a different country than ever it was before. Such things as abortion (and you might consider the degree of success which they have already had), infanticide, homosexuality, free divorce, euthanasia, gambling, pornography, and suicide are simply a portion of the ethical agenda of the secular humanist, along with the total complete removal of every single public vestige of Christian faith and religion and belief in God that has made this country great. That is their agenda and they are eagerly and determinately and assidiously engaged in enacting it as the foundation of this country's legislation under the false teaching that the government of the United States is supposed to be neutral concerning God. They are taking the concept that we are not to have an established Church and moving from that to the concept that the government is neutral concerning God.

That is a concept which is worse than heathenism because even heathenism is based upon the belief in some deity! All government is based upon some religious or anti-religious system. What that means for us today, I think, is a very serious matter. This nation was never meant to be neutral toward God. James Madison, who wrote the Constitution, said that we cannot govern without God and the Ten Commandments. Now the Supreme Court, in its great wisdom, has said that the Ten Commandments cannot be put up on the walls of the schools of Kentucky yet they are carved on the walls of the Supreme Court building! And the man who wrote the Constitution that they are interpreting, said that we cannot govern without them!

George Washington said it would be impossible to govern without God and the Bible. The founders of this nation never intended for this to be a nation which was neutral toward God. They did not hesitate to call upon God. They did not hesitate to mention God in their public utterances and in public buildings. They did not hesitate at all to make mention of Him or offer thanksgiving to Him for His goodness and providence; or to set aside special days of praise and prayer and thanksgiving to God, or establish chaplaincies for the Senate and House of Representatives and the Armed Services.

Now we are moving irresistibly toward the Soviet-Communist concept of separation of Church and state, and that is very very dangerous. The Soviets pride themselves on the fact that they believe in the separation of Church and state, and America is moving rapidly to adopt their view. What is their view? It is simply this: the Church is free to do anything that the government is not engaged in and the government is engaged in almost everything! Therefore, the Church is free to stay within its four walls, pray, and sing hymns, and if it does anything else it is in big trouble.

That is what is happening in America and, unfortunately, many churches and pastors and Christians are accepting it and even defending it!! It is the same sort of defeatist approach that we have taken toward the containment of Communism for the last forty years; that is, we have adopted the Communist view of our government toward religion. Remember what they said? The Communists said that what's mine is mine and what's yours is negotiable. And now that is what the government is saying! They are saying, What is ours is ours and it is political; therefore, it is out of bounds for you. And what is yours is negotiable because what is religious today and spiritual today may be political tomorrow when we rule it to be legal. For example: abortion, homosexuality, suicide, or anything else. When that happens, it is like the churches in California who were asked to sign statements, such as: Have you made any statements in the past year concerning such political matters as abortion, homosexuality, etc. What's mine is mine and what's yours is negotiable and we're going to negotiate you right into a little tiny closet! American Christians are sitting around just letting it happen, like the proverbial frog. And do you know why? Because we're afraid

we're afraid of the flack; we're afraid of the controversy. We've run and we've hid under our beds. We've forgotten the words of Scripture: "Fear not." Gentlemen, if you are going to be leaders, one thing that is called for is courage. I want to tell you, the secular humanists have declared war on Christianity in this country and at the moment they are winning the

war.

Humanism is a religion. This is declared nine times in the Humanist Manifesto of 1933, and in the second Humanist Manifesto in 1973. It is declared repeatedly that it is a religion. The dictionary declares it to be a religion. The secular humanists declare it to be a religion. The Supreme Court in "Torcaso v. Watkins" has declared that secular humanism is one of the several non-theistic religions operating in this country. You don't have to believe in God to have a religion. Buddhism is non-theistic, as is Taoism, as is ethical culturism .. these are some non-theistic religions, according to the Supreme Court. Yet secular humanism with its tenets of atheism, evolution, amorality, socialism, and one world government, is taught in virtually all the public schools of this country. Therefore, secular humanism has become an established religion in this country over the last several decades, primarily through the work of such men as John Dewey and other signers of the secular Humanist Manifesto. It has become the established religion of America. Last year $31 billion plus was spent by the Federal government on our public educational system with its establishment of the religion of secular humanism. The Supreme Court has declared that our schools cannot teach any religion, yet the same Supreme Court has declared that secular humanism is a religion!

Senator HATCH. Dr. Titus, let us go to you and take your testimony at this time.

STATEMENT OF DR. HERBERT W. TITUS

Dr. TITUS. Mr. chairman, thank you very much.

Ladies and gentlemen, as Dr. Kennedy has so eloquently pointed out, we are at war over religious freedom in America, and it is a war between two faiths. On one side of the battle are those who believe that our constitutional guarantees of religious freedom are God given, fixed and governed by the words and intent of our forefathers who wrote the Constitution of the United States and of the 50 States.

On the other side are those who believe that our religious freedoms are "man" invented, evolving, and authoritatively defined by the judges who sit on the highest courts of the land.

While the major battleground is in the U.S. Supreme Court, we have heard testimony that the war is from coast to coast. But on each battleground, we who cherish the liberties of our forefathers are fighting on two fronts. On one front we face an enemy who, in the name of separation of church and state, seeks to exclude religion totally from the public affairs of the Nation. For example, a recent editorial in a major newspaper has criticized President Reagan for a speech in which he called the American people to return to the religious faith of our Nation's founders.

This front has been extended from the news media into the courts with the recent effort by the ACLU and others to stop this Congress and the President from proclaiming 1983 as "The Year of the Bible." While this particular effort has not met with success, the same protagonists have successfully won the fight in the courts to keep the Bible as the Word of God not only out of the public school classroom but off public school grounds almost altogether.

In the name of freedom from the establishment of religion, these enemies of true religious freedom call for total exclusion of religion

from all public life. That call for total exclusion rejects the original purpose of the Establishment Clause.

The first U.S. Congress, author of the first amendment of the Constitution, without hesitation asked President George Washington to issue a national declaration of a public day of thanksgiving and prayer. Washington's proclamation reads in part:

Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor. Now, therefore, I do recommend and assign Thursday, the 26th day of November next, to be devoted by people of these States to the service of that great and glorious Being, and also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of nations, and beseech Him to pardon our national and other transgressions.

Both or first Congress and our first President knew that proclamations and other statements that encouraged religion did not constitute an "establishment" of religion prohibited by the Constitution.

On the second battlefront, we face an enemy who, in the name of compelling State interest, seeks to reduce religion and religious liberty to a puny_self-centered claim of conscientious objection. Just recently, this Congress repealed its 50-year commitment that exempted nonprofit organizations from the social security employment tax. Now, churches, religious organizations and other like employers must pay a tax on the privilege of hiring people to assist them to proclaim the truth and otherwise to carry out their ministeries. Allowing an exemption favoring only a few who are conscientiously opposed to the Social Security System, Congress, because of a so-called compelling interest to find additional money to save a financially ailing Social Security System, has, for the first time in its history, levied a direct tax on the churches of America.

This drive toward total control has not been confined to Congress nor to economic matters. In State after State, legislatures have steadily expanded their control over education. Just this year, for example, the Virginia House of Delegates enacted a law extending State regulation of education into the home allowing for only one exception favoring those few students and parents whose religious beliefs require home education without such control. In the name of a compelling interest to mold its citizenry as it thinks best, Virginia seeks to capture the hearts and minds of the children from their parents.

Yet, in the early history of the American Republic, men like Madison and Jefferson fought for the freedom from just this kind of State control. In their famous statements against the efforts in Virginia to establish tax-supported schools, they called for a rule of law that kept man's mind free from the coercive power of the civil authorities. Jefferson's speech before the Virginia General Assembly is illustrative:

Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishment or burdens, or by civil incapacitations, . are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in His Almighty power to do; that the impious persumption of legislators and rulers * * * who have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to

furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrranical

That is Jefferson.

If this war on these two fronts is to be won by those who believe in the heritage of religious freedom left by our forefathers, then we must decisively reject the political and legal faith that today dominates the courts, the legislatures, the Executive Offices, the media, and the classrooms in Ameirca, and return to the faith of our fathers.

It was not until the mid-19th century that America's scholars became increasingly dissatisfied with the legal and political faith of their Nation's founders, a faith based upon a belief in Almighty God. Under the influence of Darwin's new evolutionary theory about the origin of the universe of man, American jurisprudence shifted to a new assumption that judges did not discover law, but that they in fact made it.

This legal philosophy dominates today's law schools in America. Under this view, law, having been liberated from fixed principles, had become subject to judges who make decisions according to changing social values and changing factual circumstances.

The fixed law that originally guaranteed our religious freedom has been discarded in favor of a new set of evanescent rules invented by judges. And I do not have time at this time to go into some of those rules, but we find that the court had invented a distinction between science and religion based upon Clarence Darrow's definition of religion when he was an advocate for evolutionary faith.

In the early history of the Christian church, the religious department of the Roman Empire commanded the Apostles to stop teaching in the name of Jesus. Having been taught well by their Master to render to Caesar only that which belonged to Ceasar, the church fathers answered: "We ought to obey God rather than men." Acts 5:29. This biblical lesson of jurisdiction inspired America's forefathers to write a constitutional guarantee of religious freedom that would protect themselves and future generations from civil Government tyranny. Only if that jurisdictional principle remains fixed and absolute in American constitutional law will the people remain free.

Thank you.

Senator HATCH. Thank you, Dr. Titus.

[Material submitted for the record follows:]

PREPARED STATEMENT OF HERBERT W. TITUS

My name is Herbert W. Titus. I am Vice President for Academic Affairs, Dean and Professor of Law in the School of Public Policy, CBN University, Virginia Beach, Virginia. I hold the Juris Doctor degree from the Harvard Law School and have taught and written on constitutional law for approximately twenty years.

CBN University is closely affiliated with the Christian Broadcasting Network, Inc. Both organizations have been incorporated as non-profit religious organizations under the laws of the Commonwealth of Virginia.

A WAR BETWEEN TWO FAITHS

We are at war over religious freedom in America. It is a war between two faiths. On the one side of the battle are those who believe that our

constitutional guarantees of religious freedom are God-given, fixed, and governed by the words and intent of our forefathers who wrote the Constitutions of the United States and of the fifty states. On the other side are those who believe that our religious freedoms are man-invented, evolving, and authoritatively defined by the judges who sit on the highest courts of the land.

While the major battleground in this war is the United States Supreme Court, skirmishes have been taking place in the lower federal courts and in the state and local courts across the nation. Other battles have occupied legislative bodies and executive offices and agencies at the local, state, and Moreover, they have been waged before school boards, in classrooms, in newspapers and magazines, over television, and even in the

national level.

churches.

On each battleground, we who cherish the liberties of our forefathers are fighting on two fronts. On one front, we face an enemy who, in the name of separation of church and state, seeks to exclude religion totally from the public affairs of the nation. For example, a recent editorial in a major newspaper has criticized President Reagan for a speech in which he called the American people to return to the religious faith of our nation's founders. Even his customary, "Good night and God bless you," has become suspect to those in the media who believe that such references to God by the President have no place in a pluralistic society.

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