The Franklin Prayer Myth that Refuses to Die: The Liberty Counsel Edition

photo-1469081790383-8a72f16ecb98_optI have come to believe that some historical myths will never die.
In this Liberty Counsel edition, Mat Staver and Matt Barber reinforce their mutual misunderstanding of this story, making the delegates to the Constitutional Convention prayer warriors. As I have documented previously, Franklin proposed daily prayers but the Convention delegates did not vote favorably on his motion. In fact, daily prayers were not thought necessary by most of the delegates.
Staver and Barber began by celebrating a recent federal appeals court decision allowing a Texas school board to open in student-led prayer. Then at 3:43, a female speaker said:

You know America was founded on prayer and prayer has been a common practice since the very beginning and I guess yo know Mat it reinforces what we do at Liberty Counsel to stand for these rights and stand for that privilege of prayer.
Mat Staver: Prayer, like I said, predated the First Amendment. How did it begin in our country as it results in these kind of meetings? It began with Benjamin Franklin during the early Constitutional Conventions. During those Constitutional Conventions where they were debating after the revolution what to do, what kind of form of government are we going to have. We had one view, we had another view, different states had, you know, the Virginia proposal, or this proposal or that proposal and they had as many opinions yes as they did no, so it started to fall apart. At that point in time, Franklin stood up and he has this famous speech where he talks about, ‘unless God builds the house, we’re not going to be any better off than the builders at Babel and that God governs in the affairs of men and have we now forgotten our most powerful friend or do we think we no longer need him. And he implored everyone from that point on to every time they deliberate, to begin their deliberations with prayer. They did. They had a long prayer, not just a short little 60 second, two minute prayer, but a long prayer meeting that was a turning point that ultimately brought America’s founding together and ultimately the United States Constitution and later the Bill of Rights which is the First Amendment and that’s why the Supreme Court said prayer’s been with us since the very beginning, the foundation of who we are. It cannot be unconstitutional, it was people who started prayer who later drafted the First Amendment and then continued to pray.

Matt Barber then quoted Franklin’s speech at the Convention. He then asked Staver, “How long did they pray Mat?” Staver said, “It took up several hours. It wasn’t just a little prayer, bless this meal and walk away.” Barber then said what happened doesn’t fit the narrative of the left.
What Really Happened?
In fact, what happened doesn’t fit Mat Staver’s narrative. Franklin did in fact make a motion asking for prayers before meetings, but his motion was never voted on. The Convention adjourned without any prayers. Only a few delegates wanted to vote in favor of Franklin’s motion. To address the facts, I am going to reproduce a portion of a prior post on this subject. In essence, Staver and Barber are calling James Madison a liar.
Madison recorded what happened next.

Mr. SHERMAN seconded the motion.
Mr. HAMILTON & several others expressed their apprehensions that however proper such a resolution might have been at the beginning of the convention, it might at this late day, 1.64 bring on it some disagreeable animadversions. & 2.65 lead the public to believe that the embarrassments and dissensions within the Convention, had suggested this measure. It was answered by Docr F. Mr. SHERMAN & others, that the past omission of a duty could not justify a further omission-that the rejection of such a proposition would expose the Convention to more unpleasant animadversions than the adoption of it: and that the alarm out of doors that might be excited for the state of things within, would at least be as likely to do good as ill.
Mr. WILLIAMSON, observed that the true cause of the omission could not be mistaken. The Convention had no funds.
Mr. RANDOLPH proposed in order to give a favorable aspect to ye measure, that a sermon be preached at the request of the convention on 66 4th of July, the anniversary of Independence; & thenceforward prayers be used 67 in yr Convention every morning. Dr. FRANKn. 2nd this motion. After several unsuccessful attempts for silently postponing the 68matter by adjourn; the adjournment was at length carried, without any vote on the motion.
[Note 15: 15 In the Franklin MS. the following note is added:–“The Convention, except three or four persons, thought Prayers unnecessary.”] (emphasis added)

In short order, two motions hit the floor. Franklin moved for daily prayers with a second by Roger Sherman. Then Edmund Randolph suggested a sermon followed by prayers. Franklin seconded that motion. Neither motion was voted on and the Convention adjourned. In fact, Franklin later noted that “The Convention, except three or four persons, thought Prayers unnecessary.” While I am sure at least some of the founders took God seriously, this story isn’t a good one to offer as evidence.
Staver and Barber also push the idea that the prayers turned the Convention toward compromise.
Well, first there were no prayer meetings so that is a problem for that narrative.
Second, the Convention didn’t come back after the July 4th recess all prayed up and ready to compromise. On July 10, George Washington wrote Alexander Hamilton (who left the convention after the recess) and said:

I thank you for your Communication of the 3d. When I refer you to the State of the Councils which prevailed at the period you left this City—and add, that they are now, if possible, in a worse train than ever; you will find but little ground on which the hope of a good establishment, can be formed. In a word, I almost dispair of seeing a favourable issue to the proceedings of the Convention, and do therefore repent having had any agency in the business.

The disputations continued even after Franklin’s motion. It was not until mid-July, with the threat of dissolution hanging over their heads, that the delegates reached a compromise. Even then, four delegates left the convention in protest (John Mercer, Caleb Strong, John Lansing, Luther Marton) and three delegates didn’t sign the Constitution  because it lacked a bill of rights (George Mason, Edmund Randolph, Elbridge Gerry). In the end, only 39 of the 55 delegates signed the document. The more parsimonious explanation for the consensus is that those with strong disagreement left the Convention.
Prayers before government meetings is a tradition and may continue to survive court challenges. However, the Franklin prayer myth isn’t necessary to defend such prayers. Staver and Barber should correct the record with their listeners so that error isn’t multiplied.
 
See also this post on Franklin’s prayer proposal.
 
 

Over the Top Reactions to Gays and the Duggars

I read two op-eds this morning which took the same approach to different groups.
First, Jenny Kutner at Salon demonized the religious beliefs of Jim Bob and Michelle Duggar. Second, Matt Barber beat up on gays in an op-ed attacking the Boy Scouts of America’s president Robert Gates. Both authors, from opposing ideological perspectives, attempt to explain the factors behind child sexual abuse. Neither succeed.
Kutner finds the Duggars beliefs unacceptable and links the patriarchal beliefs to sexual violence. She ends her op-ed by saying, “Beyond that, though, there is the entire culture undergirding rape culture and victim-blaming, and the outcome is shaping up exactly as one would expect.” The implication is that Josh Duggar’s religious training directly contributed to his sexual offenses. 
On the other hand, Matt Barber leaves little doubt that he believes sexual abuse of boys is more likely if openly gay adult males are allowed to be scout leaders. He massacres social science data to craft a straw man which he savagely beats down. In fact, the consensus of social science research does not support his illusory correlation.  
Barber cherry picks his data and Kutner doesn’t offer any. The problem here should be clear. Both people have pre-existing views and they shape these vivid cases to support them. The confirmation bias is strong in these articles. In the face of horrific or confusing events, most of us fall back on our pre-existing biases and stereotypes instead of looking at the situation dispassionately.
It is certainly not wrong to inquire about the relationship, if any, between certain religious beliefs or sexual orientation and child abuse. Researchers should not be afraid to ask hard questions. Personally, I intend no defense of one or more Duggars. I reject the Quiverful movement and what I know of the Duggars’ beliefs about gender. I am inclined to agree that there could be problems in viewing women in keeping with Bill Gothard’s teachings.
My interest is in how we seek answers to important questions and how we discuss those important questions without demonizing entire groups of people. In my view, without research or evidence, Kutner’s incendiary language about religious beliefs is about as helpful as Matt Barber’s self-righteous rant about gay scout leaders.
 
 
 

Matt Barber Proposes Back Room Deal to Choose GOP Nominee

The grassroots are great except when they aren’t.
Matt Barber wants all the religious right candidates to go on holiday somewhere to “an undisclosed location,” fast and pray and then vote on who will run against Jeb Bush.  In a way, without the delegates, it would be the beginning of a Christian party choosing a candidate to run against the GOP and Democrats. Barber apparently thinks the problem with religious right candidates is that there are too many of them, not the fact that their message isn’t going to win over the nation.
And then if the Christian party wins, all the spoils goes to those guys who sacrificially supported the other guy.
The problem for the GOP is that any of the people Barber mentioned would lose large in the general election.
However, this “can the far right win?” question is going to be a big story line in the 2016 election so maybe those Christian right candidates should squeeze their egos into one room and hash it out. Let the GOP voters then decide if it is the Christian Party or the Republican Party.

BarbWire Article and Graphic Turns Opposition to President Obama in an Ugly Direction

As do other websites, Matt Barber’s “news” website BarbWire runs many articles which are provocatively titled. One late last week caught my attention, in part because of the irresponsible title and in part because the graphic misquotes President Obama.
The article claims Obama met with Islamic leaders to coordinate attacks on Christians. For some reason the word verbal is in brackets:

President Obama met with American Islamic leaders in early February at a secret White House meeting, and what those involved revealed through their subsequent actions is that Obama hosted that meeting in order to design and implement coordinated [verbal] attacks on Christians.

As it turns out, a Muslim comedian and two people in the administration seemed to say similar things about bad things done in the name of Christianity after this meeting. As far as I can see, the administration wants to keep the war on ISIS a political event and not collaborate with the opposition to make it into a holy war. In any event, as a Christian, I am not offended when people point out the truth that Christians have done horrible things in the name of Christ. I am grieved by that fact but don’t feel attacked.
In short, no individual Christian has been attacked via this so-called coordinated effort.
Also, someone at BarbWire included an image which misquotes Obama:
ObamaMisquoted
I don’t find anything like this on page 261 but on page 309 of Audacity of Hope, Obama has this to say about Arab immigrants:
obamaAoH
 
The President doesn’t focus on religion and pledges to oppose internment of Arab Americans. I would take the same position in the face of any such proposals.
The graphic misquotes Obama and takes his words completely out of context, leading to an implication at odds with what he said. The article doesn’t prove anything nefarious and certainly doesn’t prove that the President coordinated any attacks on anyone. The graphic is false, completely irresponsible and turns the article, such that it is, in an ugly direction. It should be removed.
UPDATE: Sometime in the middle of the night, Barbwire switched out the images. Now the one below leads off the article:
obamambsealplanB
 
The following editor’s note appears:

[Editor’s note:  the original featured image accompanying this article contained an inaccurate quotation.  We regret the error, which was  not the fault of the author.]

This is not much of an improvement as it makes it appear that Obama somehow represents organizations which support jihad. 
 

Institute on the Constitution Rep Argues Against the Constitution on Religious Test Clause

Institute on the Constitution Director of Operations Jake MacAulay today argued against the Constitution on Matt Barber’s Barbwire website.
MacAulay noted that seven states still have requirements that office holders in those states believe in a god.

There are seven states including Maryland with language in their constitutions that prohibits people who do not believe in God from holding public office.

Besides Maryland, the other six states with language in their constitutions that prohibit people who do not believe in God from holding public office are Arkansas, Mississippi, North Carolina, South Carolina, Tennessee and Texas.

Such bans were declared unconstitutional by Torcaso v. Watkins in 1961.

Torcaso v. Watkins
No. 373
Argued April 24, 1961
Decided June 19, 1961
367 U.S. 488
APPEAL FOM THE COURT OF APPEALS OF MARYLAND
Syllabus
Appellant was appointed by the Governor of Maryland to the office of Notary Public, but he was denied a commission because he would not declare his belief in God, as required by the Maryland Constitution. Claiming that this requirement violated his rights under the First and Fourteenth Amendments, he sued in a state court to compel issuance of his commission, but relief was denied. The State Court of Appeals affirmed, holding that the state constitutional provision is self-executing, without need for implementing legislation, and requires declaration of a belief in God as a qualification for office. Held: This Maryland test for public office cannot be enforced against appellant, because it unconstitutionally invades his freedom of belief and religion guaranteed by the First Amendment and protected by the Fourteenth Amendment from infringement by the States. Pp. 367 U. S. 489-496.

A South Carolina case addressed that state’s religious test by specifically referring to Article VI of the Constitution:

Silverman v. Campbell, 326 S.C. 208, 486 S.E.2d 1 (1997):  In this case, the South Carolina Supreme Court held Article VI, section 2 (“No person who denies the existence of the Supreme Being shall hold any office under this Constitution) and Article XVII, section 4 (“No person who denies the existence of a Supreme Being shall hold any office under this Constitution) of the South Carolina Constitution violated the First Amendment and the Religious Test of the United States Constitution by barring persons who denied the existence of a “Supreme Being” from holding office.  At that time, only two states, North Carolina and South Carolina, required a religious test for public office. Full Case Materials

It is clear the framers did not intend for religion to be a test because the Constitution forbids such tests. From Article VI, paragraph three of the Constitution:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

In light of the Constitution’s clear statement here, consider this absurd statement from MacAulay:

So this constitutional requirement that an office holder must believe in God is a logical and consistent protection against those who might drive our constitutional republic in a bad direction.

This isn’t about discrimination or bigotry.  It’s about ensuring that those holding office in America are committed to the true, lawful, American philosophy of government.

Apparently, the Constitution got it wrong, according to the Institute on the Constitution’s Director of Operations. In his argument in favor of a religious test, he seems oblivious to the fact that the Constitution forbids such a test. In essence, MacAulay argues that the federal Constitution is wrong and does not represent the “true, lawful, American philosophy of government.”

This and other clear problems are why no school child should be confused and misled by the IOTC’s teaching on the Constitution via their inaccurately named American Clubs. That Matt Barber, who works at the Liberty University law school, posted this mess is another reason why no student should attend Liberty University’s School of Law.