(a) Legislative findings and intent. The United States of America was founded on the principle of religious freedom, as immigrants from Europe searched for a place to practice their religion of choice openly. The Constitution embodies the principle of separation of church and state as a means to guarantee this freedom, not to make it more difficult for citizens to practice their religion. The more recent challenge is to allow for all types of religious freedoms, even the freedom to avoid participation in religion, without making the state an instrument of the avoidance of religion rather than allowing for the exercise of the conscience of each citizen.

The Catholic religion became established in the Mariana Islands and Guam with the arrival of Padre San Vitores, now known as Blessed Diego of the Marianas, a Jesuit priest who studied the Chamorro language on the ship before his arrival in the islands. In over three hundred years of the blending of Spanish culture with island culture, the Catholic religion has become an intimate and important part of the present-day Chamorro culture. Prior to other contact, the Catholic religion was practiced almost exclusively by the island residents.

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In more recent years, since the arrival of the American Naval Government in 1899, other religions have also been practiced on Guam, both Christian and others. In the modern era, since the lifting of the restrictions on travel to Guam during the administration of President John F. Kennedy, Guam has become home to a variety of people of different cultures. Although other religions are represented, including atheism, the predominant religion on Guam, grounded in many cultural practices, is the Catholic religion.

In keeping with the American ideal of freedom of religious expression for persons of all persuasions, and particularly in order to lift the repressive element on the free and open practice of religion, it is desirable to allow on a fair and equal basis the expression of all religious beliefs during the periods of their public celebrations, which are near and dear to the hearts of the people, but also a source of cultural learning and inspiration for those who do not ascribe to a particular religion or any religion. With this ideal in mind, it is desirable to offer permitting of religious displays.

(b) Permits Authorized. The chief executive officer or administrator of any government of Guam department or agency (Administrator) may grant permits for the temporary use of government real property and structures under the control of the Administrator’s department or agency not otherwise occupied or used by the government, by bona fide religious groups or organizations not organized for profit for the purpose of displaying symbols of their religion on or around a bona fide holiday celebrated by such group’s religion.

(c) Permit Term. The permits authorized by subsection (b) of this section shall be granted for a period not to exceed three (3) weeks.

(d) Permit Form. The form of the permit shall be prescribed by the
Attorney General.

(e) Rules to be Adopted. The Administrator shall make reasonable rules, not inconsistent with the provisions of this section, governing the qualifications for, applications for, and issuance, the terms and conditions, the supervision of operations, and the enforcement of the terms of the permit, as may be necessary or desirable for the public interest.

SOURCE: Added by P.L. 22-37 (Sept. 27, 1993).

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ARTICLE 2
TALOFOFO SUBDIVISION