Virginia Attorney General: No Separation of Church and State

School officials in Fairfax County, Virginia, decided that principals and other top officials shouldn't take part in private, religious baccalaureate services lest they give the impression of an official endorsement of those services. Teachers, however, could attend and participate if they wanted. This may have to change.

Americans United reports:

In May, Fairfax County Public School Superintendent Jack Dale sent a memo to district employees, stating, “We must respect the rights of individuals to speak and pray, while not endorsing or appearing to endorse religion.”

[State Attorney General Judith W.] Jagdmann asserted that as private citizens, school officials could legally take part in privately sponsored ceremonies. She went on to add, “It has become mistaken for fact and as a principle of law that the United States Constitution requires the ‘separation of church and state.’ Such presumptions are incorrect.”

One can find fault with Dale’s original policy of banning all school employees from attending baccalaureate services. There are even possible arguments against the second, narrower policy which only applies to a school’s “leadership team” — though this policy is on stronger grounds. Jagdmann, though, went much farther than is necessary in her opinion. She didn’t need to offer any statements about the separation of church and state in order to criticize either policy. That she did so anyway, then, suggests that it was simply her desire to make waves.

Jagdmann’s understanding of the law is deeply flawed, that much is obvious. What did she hope to accomplish, though, by revealing her ignorance? Perhaps she wants to keep her Christian Right supporters happy by telling them that minorities don’t have the same rights as they do. Perhaps she has her eyes set on running for higher office and is laying the groundwork now. I really don’t know, but it’s a shame that Virginians are being served by an Attorney General whose understanding of the law wouldn’t be adequate for even a first year law student.

Read More:

• Separation of Church and State 101
• Church and State News
• Religion in Public Schools
• School Prayer
• Secularism 101