Chanukah and Religious Liberty

Chanukah teaches us about the dangers of government interference with religious practice and about the importance of religious liberty. What had been a relatively peaceful coexistence between the Jewish community and the Greek government in ancient Palestine was shattered when the government began to use force to impose one official religious practice. Under King Antiochus, the government invaded the Temple, stripped it of its sacred vessels, set up statues to Greek gods and sacrificed pigs on the altar. The government forbade Jews from offering daily sacrifices (the primary form of Jewish worship at the time), banned circumcision and forcibly coerced Jews to worship pagan gods (Josephus’s Antiquities of the Jews, Book 12, Chapter 5).

In response to these demands, many Jews (led by those whom we know as the Maccabees) stood up for their beliefs and fought to be able to practice their religion freely. When we recite the second blessing over the Chanukah lights, giving thanks for the miracles God performed for our ancestors, we recall the Maccabees’ celebration as they were no longer subject to tyrannical rulers who prevented them from practicing their faith.

As we remember their celebration, we also give thanks that we are blessed to live in countries that treasure religious freedom, allowing Jews and people of other faiths or no faith to worship or refrain from worship as they see fit. This policy of religious liberty allows American and Canadian Jews to grow in our faith while fully participating in an open, multicultural society.

Religious freedom is guaranteed for all Americans by the First Amendment to the United States Constitution, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This concept of separating religion and government (also known as the ‘separation of church and state’) has prevented the government from imposing or endorsing one specific religion as the official state faith. The right of free expression has allowed religion to flourish, unfettered by government intrusion.

Likewise, Section Two of Canada’s Charter of Rights and Freedoms, enacted to ensure individual liberties not specified in the constitution, states, “Everyone has the following fundamental freedoms: freedom of conscience and religion….” The rationale behind this law is very similar to the United States’ “separation of church and state.” In a ruling made by the Supreme Court of Canada about the constitutionality of the Lord’s Day Act, which legislated restrictions on Sundays such as store openings and recreational activities, the Court decided that:

The power to compel, on religious grounds, the universal observance of the day of rest preferred by one religion is not consistent with the preservation and enhancement of the multi-cultural heritage of Canadians recognized in s. 27 of the Charter [R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, 1985 CanLII 69 (S.C.C.)].

Thus in the United States and Canada, religious freedom and diversity are not only fundamental values but inextricably tied to our nations’ identities. Religious liberty is our heritage.

Although we enjoy religious liberty in America and Canada, we also acknowledge that this was not always so. Although the Talmud teaches that we should publicly display the Chanukah lights (BT Shabbat 21b), it also states that “in times of danger, one may place it [the Chanukah lights] on his table and it is sufficient” (ibid.). In many times and in many places, our ancestors lived where openly practicing their religion was dangerous, even life-threatening.

Today, while we may be able to practice our religion without fear of persecution, the separation of church and state is under constant attack. As this boundary weakens, it becomes more and more possible for religious groups to legislate their religious beliefs, thus embedding religious coercion into our nation’s most sacred documents. Chanukah reminds us to stand up against threats to this wall – threats such as prayer in public school, the posting of the Ten Commandments on public property and school vouchers. As we stand up for the separation of church and state, we help ensure that our countries continue to be a haven of religious liberty.

As we celebrate our religious liberty during Chanukah, let us take action to preserve and strengthen our nations’ commitment to religious freedom. As individuals and congregations, we can stand up for the rights of all people to practice their religion and to be free from religious coercion of any sort. And we can raise our voices in defense of the separation between church and state and the atmosphere of liberty and tolerance fostered by this policy. The programs in this section of the guide offer a place to begin this important work.

Program Ideas on Religious Liberty

Teach about the Importance of Religious Liberty
Use the story of Chanukah as a starting point. You may also want to teach about the experience of Jewish communities under various tolerant and intolerant governments. Check out the resources at the end of this section for places to get started.

Advocate for the Protection of the First Amendment
In any given year, there are various initiatives and pieces of legislation that threaten the First Amendment. Your congregation can play a significant role in affecting public policy in this area. Issues may be in the realm of religious liberty (i.e. wearing a kippah to public school, missing school for a religious holiday) or in the realm of the separation of church and state (i.e. school prayer, school vouchers, posting of Ten Commandments on public property, faith-based initiatives).

In order to target your advocacy work, we suggest contacting the Legislative Assistant at the Religious Action Center in charge of church-state issues and/or religious liberty (at (202) 387-2800) or your local Jewish Community Relations Council. These resources can tell you which issues are most pressing at the local and national level in any given year.
General advocacy suggestions:

• Invite a speaker or have a panel discussion to educate congregants, youth or affiliate groups about a religious rights issue.
• Write bulletin articles or deliver a sermon.
• Let your local and national politicians know your opinions. Conduct a letter-writing campaign or craft a petition. Meet with the mayor, members of city council, or state legislators.
• Host a “latkes and letter-writing” Chanukah party.
• In the evenings (when people have unlimited cell phone minutes), set up a calling station where congregants can phone their representatives, senators or the president about an issue. Provide talking points to help people make these calls.
• Form a Congregational Church-State Committee to coordinate your advocacy work (see below for an exceptional example).

A Model of Advocacy: A Congregational Church-State Committee
In April 2003, KAM Isaiah Israel Congregation of Chicago established a Church-State Committee, which was formed to educate the congregation and the broader community about the importance of religious liberty. In particular, the Committee was alarmed at the growing attacks on the separation of church and state. Although the work of various Church-State or Religious Liberty Committees may vary, the model provided by KAM can be a good place to begin.

The Committee issued resolutions to guide them in their work, including a resolution opposing legislation that weakens the separation of church and state. They also introduced a platform on the separation of church and state to the synagogue board, which adopted the proposal. (By adopting these sorts of platforms, temple boards can help educate the members of the congregation and facilitate advocacy work).

Over the years, the Committee has been active in a variety of ways, from writing testimony that the temple president delivered at a congressional hearing to hosting speakers to educate the community on these issues in conjunction with other local Jewish organizations. The Committee has also conducted a scholar in residence weekend devoted to an exploration of the First Amendment of the Constitution that featured 26 scholars. The weekend included a social action Shabbat service, speakers who provided background information, a debate between Rabbi David Saperstein and an official of the Justice Department’s Office of Legal Counsel and workshops on a variety of issues.

Church/State Issues in Public Schools
During Chanukah, we may be particularly sensitive to the intersection of religion and public education. Our children may be more aware of our identity as a religious minority when surrounded by the decorations, parties, and school music programs devoted to Christmas. Therefore, it is important to speak with public school officials throughout the year to discuss appropriate ways to balance the mandate of the separation of church and state with the mandate for religious liberty.

Because different issues play out differently in each local community and because each community has different resources, this guide offers some places to begin. The resources at the end of this section may be helpful in understanding appropriate and inappropriate role of religion in the public schools. Once you are familiar with the issues in your community, bring your concerns to school board members and administrators. Meet with principals and superintendents to discuss scheduling of school events and provide them with Jewish calendars. Ask your PTA and administration to establish guidelines for the role of religion in your school. Your congregation could also host an education program for public school teachers and administrators to raise awareness about the challenges faced by non-Christian students during the winter holiday season.

Promote Programs that Teach about Religious Diversity and Tolerance
During the winter season, many schools are challenged to meet the diverse interests of their students within the limits imposed by the Constitution and students may confront challenges to their own faith traditions in the public arena. Encourage your local schools to teach about diversity and tolerance as the foundation for a civil society. The following organizations offer programs and resources that can be of great help to public school teachers (and also in our synagogues):

• Teaching Tolerance, a project of the Southern Poverty Law Center, has great resources and programs for teachers, parents, kids and teens, many of which can be incorporated into public schools. More information.
• A World of Difference, a program of the Anti-Defamation League, offers workshops for teachers to help combat bias. These workshops explore ways teachers can help students explore prejudice and bigotry, improve critical thinking skills, examine diverse viewpoints and take leadership roles. More information.
• Your local Holocaust Museum may have programming on diversity and/or tolerance that may be appropriate for a school field trip.
• The National Conference for Community and Justice (NCCJ) has a variety of programs for teaching tolerance of diversity in classrooms, workplaces, and elsewhere. More information.

Resources on Religious Liberty
General Resources

• For information on the Reform Jewish Movement and religious liberty, click here. Under “civil rights and civil liberties” click on “separation of church, state and charitable choice,” “school prayer,” or “vouchers.” The Religious Action Center has also published an issue packet on the separation of church and state in public schools: “Protecting the Wall: Supporting our Schools,” available here. The packet includes information on school vouchers, a Teachers Shabbat to honor public school teachers, and creating interfaith alliance programs for public education.
• www.firstamendmentcenter.org has comprehensive information on the First Amendment as it pertains to religious liberty, including background information and frequently asked questions.
• The Anti-Defamation League’s Religious Liberty page has articles on many issues, including religion in the workplace, religion in public schools, school vouchers, the separation of church and state, the “December Dilemma” in public schools, and creationism here.
• The RAC and the American Jewish Committee teamed up with the Baptist Joint Committee on Public Affairs, the Interfaith Alliance Foundation, and the National Council of the Churches of Christ in the USA to publish “A Shared Vision: Religious Liberty in the 21st Century.” The pamphlet includes a joint statement made by the groups and suggested guidelines for the role of religion in politics and in the public schools. You can download a copy of the pamphlet from the AJC’s website.
• Connect with your local Jewish Community Relations Council. JCRCs are often well informed about church-state and religious liberty issues in your area, and they may be able to facilitate a dialogue with your school, school board or superintendent. To locate your local JCRC, visit the Jewish Council for Public Affairs’ website.