Storming The Hill: AU Goes To Congress.

During my years in Washington I have frequently visited the hallway outside of the chamber of the House of Representatives to do last minute "lobbying" with members as they arrive to cast their "ayes" or "nays." Okay, it's not really lobbying -- mainly it consists of yelling something snappy like, "Vote no!" at those walking quickly past you. On June 4, 1998, though, I skipped that procedure and actually watched the momentous vote on U.S. Rep. Ernest Istook's so-called "Religious Freedom Amendment" from the public gallery.

Opposing this amendment had consumed Americans United nearly all year. Our government relations staff had been working Capitol Hill for months. Our communications department had blitzed the media with information. The field department had energized our grassroots. Staffers had traveled around the country speaking against the measure. And now the day had come, the showdown had arrived. There was nothing to do but wait for the vote.

These days, Congress votes by a card that electronically records the tally after being scanned in a machine. You can watch the green "yes" and red "no" votes come up on a large screen that alphabetically lists members.

One of the congressional leaders of the anti-amendment forces had told me a few hours earlier that a last-minute, half-million-dollar ad campaign by the Christian Coalition was "costing us votes." With this in mind, I had in my head a list of members whose votes would be pivotal. These folks had indicated they would oppose the Istook Amendment, but were feeling the heat. If enough of them changed their votes from "no" to "yes," it could spell disaster for our side.

I watched in amazement as these swing members cast their votes, and the lights blinked on the big board. They were all red, as were a surprising number of the votes of those who called themselves hopelessly undecided until the day of the vote. When the opposition vote total went over 190 -- eventually reaching 203 -- it was clear that Istook and his Religious Right allies had suffered a humiliating defeat. Not only had they fallen short by 61 votes of the two-thirds majority needed to pass the measure, but our side got 33 votes more than 1971, the last time a prayer amendment hit the House floor.

Speaker Newt Gingrich, who had been encouraging this action since he gave a speech at the Heritage Foundation nearly four years ago that criticized the Supreme Court's prayer cases as "bad law, bad history and bad culture," did not even speak on the floor in favor of the amendment. Twenty-eight Republicans voted "no," making this victory the bipartisan achievement we had hoped for.

Frankly, if the vote on this amendment had occurred before July 4, 1995, as Gingrich originally promised, we would have ended up in a dicier situation. However, it is genuinely uplifting to see what three years of systematic public education can do. Not only did Americans United devote enormous resources to the amendment's defeat, but many other groups, concerned with many issues aside from church-state separation, also unleashed major offensives. We all pooled resources and worked together under the Coalition to Preserve Religious Liberty.

The last pre-vote debate I had with Istook (and I had so many I sometimes felt he was a member of my family) illustrated, in about six minutes, why the amendment campaign failed. As Istook complained that children can't pray in school, the Fox News Channel was running footage of a large group of Minnesota high schoolers at their regular voluntary Bible study club, praying away. The image put the lie to the comments of the congressman. I really didn't need to say a thing. Of course, I resisted that temptation. Clearly, Istook's un-nuanced assessment, though, was incorrect -- and the message was clear. The need for this amendment was built on an insupportable house of cards.

Now, before too much excitement sets in, we must all remember that a simple majority of the House did vote to amend the Bill of Rights. Even though some will privately concede that Religious Right pressure, not the merits, compelled their "yes" votes, such profiles in cowardice don't square with the vow taken by members to uphold the Constitution and to make independent judgments about the constitutionality of any action.

And of course many battles remain. Just to confirm the need for constant vigilance, a mere week after our amendment victory the Wisconsin Supreme Court voted 4-2 to uphold vouchers for Milwaukee religious school use. This appalling decision, which we will appeal to the U.S. Supreme Court, allows tax dollars to be used not only to pay tuition but for general purposes including the purchase of Bibles, or crucifixes, or increases in salaries for religious teachers. It may well be the case that establishes, once and for all, the constitutionality of vouchers for use in religious schools.

There are certainly ups and downs in the business of advocacy for religious liberty, but there are never any dull days.

Barry W. Lynn is executive director of Americans United for Separation of Church and State.