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Normal people and landmark Supreme Court cases

The Supreme Court is the most fascinating part of our political system because it's supposed to make decisions without regard for the political consequences. The judges sit for life and have to explain their decisions through logic and case precedent. This may sound boring, but without an independent Supreme Court, civil rights will always be decided by popular majority. If you have unique or unpopular views, you're out in the cold.

There was a time back in the 1950s and 1960s that the Supreme Court actively worked to protect civil rights even though many of its decisions were unpopular at the time. Imagine conformist 1950s America voluntarily deciding to open white schools to black children, or allowing Communists to print their own newspapers or giving rights to people accused of crimes. No chance. But the Supreme Court did these things and caught hell for it.

But the real heroes are not the judges who granted these rights but the everyday people who brought the lawsuits that gave the Supreme Court the opportunity to make these historic rulings. Cases do not just show up at the Supreme Court's door out of nowhere. People bring lawsuits which sometimes raise profound questions which the Supreme Court decides to resolve. So behind every landmark Supreme Court ruling is a person who got screwed and had the guts to file a legal challenge.

The obituary which ran in the New York Times over the weekend is one such person. If any of you want to thank someone for the fact that we do not live in a religious theocracy, thank the woman profiled below. If nothing else, read the third paragraph from the bottom and ask yourself what kind of hero would protect civil rights for all knowing what kind of abuse would be heaped upon her for objecting to religious conformity. Would you be willing to risk peace of mind over this?

Vashti McCollum, 93, Who Brought Landmark Church-State Suit, Is Dead
By DOUGLAS MARTIN
Vashti McCollum, whose lawsuit to stop religious instruction on school property led to a landmark ruling by the United States Supreme Court in 1948 to protect the separation of church and state in education, died Sunday in Champaign, Ill. She was 93.

Her death was confirmed by her son James, whose refusal as a fifth grader to attend voluntary religious instruction led to the lawsuit.

Mrs. McCollum, who called herself an atheist in Illinois court proceedings but later preferred the word "humanist," said her son was ostracized and embarrassed by his schoolmates because she refused to let him attend the religion classes at his public school in Champaign. The classes for Protestants were on school premises; Jews and Roman Catholics went to religious buildings elsewhere.

She also contended that the classes were a misuse and waste of taxpayers' money, discriminated against minority faiths and were an unconstitutional merger of church and state.

After losing in two Illinois courts, Mrs. McCollum won an 8-to-1 decision by the Supreme Court. Justice Hugo L. Black, who wrote the majority opinion, said the practice in Champaign was "beyond all question" using tax-established and tax-supported schools "to aid religious groups to spread their faith," and, he added, "It falls squarely under the ban of the First Amendment."

A critical issue in the case was whether the Constitution's ban on establishing religion meant that all sects must be treated equally, as lawyers for Champaign argued was the case in their schools — or whether it required strict neutrality between belief and unbelief, Mrs. McCollum's contention. She won.

"The First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other in its respective sphere," Justice Black wrote.

The case was also important because it extended the First Amendment's protections to the states by using the due process clause of the much later 14th Amendment as justification. As such, all other cases that test Jefferson's wall of "separation of church and state" — including school prayer, aid to parochial schools and sectarian religious displays on public property — descend from this case.

The language used in comments immediately after the Supreme Court's ruling would percolate in debates for decades. The Catholic bishops, for example, accused the court of making a religion of secularism.

In 1952, the Supreme Court revisited the issue of religious instruction in Zorach v. Clauson. The 6-to-3 ruling in that case held that a New York program allowing religious education during the school day was permissible because it did not use public school facilities or public money.

Vashti Ruth Cromwell was born in Lyons, N.Y., on Nov. 6, 1912, and grew up in Rochester. She was named for the queen of the Persian King Xerxes depicted in Esther 1 in the Bible who refuses to obey her husband's order and is divorced for her spunk.

Her father, Arthur G. Cromwell, was an architect who read the works of atheists like Spinoza and Thomas Paine, then read seven versions of the Bible. After letting the conflicting ideas germinate for years, he had become a vocal atheist by the time his two daughters were in college, James McCollum said.

Mr. Cromwell was president of the Rochester Society of Free Thinkers and had persuaded the state education commissioner to end religious instruction in the schools of the one county in which it was permitted before his daughter filed suit to accomplish the same thing.

Vashti Cromwell received a scholarship to Cornell, but the money ran out during the Depression and she transferred to the University of Illinois, where she majored in political science and took courses at the law school. At the university, she met John Paschal McCollum, a professor of vegetable crops in the horticultural department, and they married in 1933.

After her children were older, Mrs. McCollum earned a master's degree in mass communications at the university.

She is survived by her sons James, of Emerson, Ark., Dannel, of Champaign, and Errol, of Moline, Ill.; her sister, Helen Curtis, who lives in a Rochester suburb; six grandchildren; and six great-grandchildren.

James McCollum, the oldest son, said that he at first had wanted to attend the religion classes, but that his mother objected. After a few months, he was allowed to go, but found the classes childish and "silly." The next year, he said, he told his parents he did not wish to attend.

His mother talked with the school system's superintendent, but he said there was nothing he could do. She was careful to say that she was making no criticism of religion, The New York Daily News reported in 1945.

She then sued with the help of a local Unitarian minister and financial support from a group of Jewish businessmen in Chicago. Her opponents, in addition to the City of Champaign, were church federations.

A dramatic moment during the initial trial of the case came when Mrs. McCollum's father said he did not believe in God, and a gasp went up from the crowd. Later, James McCollum said the same thing. Both "affirmed" that they would tell the truth instead of swearing by God. Mrs. McCollum called herself "a rationalist or an atheist."

Time magazine observed that the trial shared "features that made the Scopes 'monkey trial' a sideshow'' of the 1920's.

In the three-year legal battle, Mrs. McCollum received physical threats and was fired from her job as a dance instructor at the university. At Halloween, a mob of trick-or-treaters pelted the McCollum family with rotten tomatoes and cabbages. The family cat was lynched.

Mrs. McCollum wrote a book on the case, "One Woman's Fight," became a world traveler and served two terms as president of the American Humanist Association.

"We don't bother ourselves with the question of whether there is or isn't a God," she said in a speech in 1948.


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This page contains a single entry from the blog posted on August 28, 2006 12:00 PM.

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