One of the high-profile church-state disputes of last year revolved around the National Cemetery in Houston. There, you probably remember, complainants alleged that new policies were restricting religious speech at veteran funerals. Officials countered that only religious content not requested by the family was restricted. Ultimately a settlement was reached in the case. That, of course, didn't stop Congress from feeling the need to memorialize the controversy. Representative Culberson (R-TX) introduced legislation making clear what the law and VA policy already seems to protect - that families have the right to control the religious content (or lack thereof) in the funerals of veterans.

Wednesday, the House Subcommittee on Disability Assistance and Memorial Affairs held a hearing on the bill, HR 2720. You can see a lineup of witnesses, read opening statements, and view a webcast of the hearing here.

The Washington Post reports on the concerns of some legislators expressed in the hearing.

“Here’s my concern: the (proposed) law as written would allow people that don’t have a good understanding of the family to force prayers or something that the family finds offensive,” Rep. Jerry McNerney, D-Calif., said during a hearing of the House Subcommittee on Disability Assistance and Memorial Affairs.

Meanwhile, Rep. Timothy J. Walz, D-Minn., emphasized the need to balance the competing interests of a family’s First Amendment rights and the government’s role in ceremonies.

“I want to be very careful that we strike that perfect balance” between the First Amendment’s ban on established religion and its protection of free exercise of religion, Walz cautioned. He said the most important issue is ensuring that families can determine the religious content of a service.