Freethought Today April 1996


In The News

Decision Doesn't Bode Well

The Supreme court on March 4 rejected an appeal from an Iowa county found to have violated an employee's religious freedom by firing him for holding prayer meetings at work. The court, without comment, turned down Polk County's argument that employees should not pray on government time. Isaiah Brown was reprimanded for having his secretary type bible study notes, for holding group pray meetings before and during work, and for proselytizing employees. A federal judge and three-judge federal appeals court ruled in favor of the county, but the full 8th U.S. Circuit Court reversed those rulings, saying Brown could be disciplined only for having his secretary type up bible study notes and for holding prayer meetings before work in his office.

Mississippi Prayer Trial Starts

A trial challenging school prayers over the intercom began in Oxford, Mississippi on March 4, with protesters pro and con gathering. Lisa Herdahl, the mother of children who have been ridiculed for not participating in school devotionals in the North Pontotoc School District, Ecru, says she plans to move to escape threats that her children will be abducted or their home burned to the ground. She said she was forced to her quit her job at a convenience store because of community harassment.

A Lesson From Denver

Religion in Denver public schools got a fresh examination, when controversy erupted over a mandatory male-only assembly at Montbello High School featuring Nation of Islam minister Jamal X.

He and other Black Muslim speakers referred to Allah and Muslim teachings, and refused to allow female students or women teachers to attend the Feb. 2 assembly. The purported subjects: violence, citizenship, self-esteem and respect.

The event captured headlines for several days as critics assailed the Muslim event, in part fueled by racial controversy.

A Denver Post columnist pointed out the message "was delivered in the wrong place at the wrong time."

Pointed out Bob and Lora Attwood, Foundation members who faxed information about the controversy:

"Since this was a Muslim speaking, the radio talk shows and the general public were quick to condemn the assembly as a violation of church and state and no one has come to the minister or principal's defense. We can't help but think how much different it would be if this had been a Christian minister speaking."

Christian evangelizing of students by groups purporting to talk on drugs or suicide is one of the most commonplace state/church violations in public schools, but rarely receives media condemnation.

"The Word Of God"

The U.S. Taxpayers Alliance, a Virginia group, plans to put its party on the presidential ballot in every state, possibly to support a third-party run by Patrick Buchanan.

This party is highly critical of the Republican Party for religious reasons.

"The reason the Republican party zigs and zags and goes all over the map is because it has no fixed standard," said its chair Howard Phillips at the party's meeting in St. Louis on May 5, 1995. "As other speakers here today have pointed out, the standard on which our civil government is founded is the Word of God. It's that simple.

"There was a time when it was commonly said that ignorance of the law is no excuse. And that was because the Bible was the law. And everyone knew the Bible . . . . The Bible says all those who hate Me, love death."

(From The Weaver Report, newsletter of the U.S. Taxpayers Alliance, Nov. 95. Special thanks to Fred Schwartz for sending this.)

San Diego Cross Saga

Pre-empting a 73 year tradition, a coalition of atheists has received a permit to hold a secular gathering early Easter morning in front of the litigated Mount Soledad cross in San Diego. Atheist Coalition members say their "sunrise celebration" will be open to everyone, regardless of religious persuasion. That cross and one atop Mount Helix near La Mesa have been under challenge since the late 1980s. Courts ordered them removed, but offcials have since sold or transferred the parcels of land under the crosses to preservation societies. The land transfers are being challenged as ways to circumvent the law. The legality of the San Diego sale will be argued before a federal judge on May 6.

Religious Vouchers Argued

The nation was watching as oral arguments were presented before the Wisconsin Supreme Court on February 27 over the bill to fund religious education for poor children in Milwaukee.

The state Supreme Court had approved a limited pilot program permitting Milwaukee inner-city school children to attend private secular schools at taxpayers' expense.

However, the Wisconsin legislature passed a provision in last year's state budget expanding that program to include religious schools. It allowed 7,000 children this year and 15,000 children next year to opt out of the public schools and attend private schools, most of which are religious, at a cost of $55 million. The Milwaukee public schools would lose $3,600 per year per every pupil leaving the public school system.

The ACLU and teachers' union sued to hold up enactment of this provision, successfully obtaining an injunction just before the fall 1995 school year began.

Gov. Tommy Thompson removed the Attorney General from the case, instead hiring private counsel Kenneth W. Starr, prosecutor in the Whitewater investigation, at $390 an hour. Starr argued the case with attorney Mark Bredemeier with the "Landmark Legal Foundation" in Kansas City, and attorney Clint Bolick with the "Institute for Justice" in Washington, D.C.

Jeffrey Kassel, a Madison attorney who represented the Foundation in its Good Friday lawsuit, argued the case on behalf of the parents of public school students challenging the funding and the ACLU. Representing Milwaukee public school teachers was Robert Chanin, an attorney for the National Education Association.

Kassel cited the Wisconsin Constitution, which explicitly bars payments to a religious organization for religious purposes, and which mandates uniform educational opportunities, forbidding any sectarian instruction in public schools.

The pro-voucher legal team insisted the primary effect is to aid low-income parents, not religious institutions. However, the checks are sent to the school, with parents having to endorse them over. Justice Shirley Abrahamson pointed out that the State would be paying far more than a typical parochial school asks for tuition, thus directly aiding the school.

Starr argued that public schools would improve as the result of "competition," and that the program is "neutral" because it "now treats all schools in Milwaukee alike." Bredemeier admitted he had no problem with expansion of "school choice" to fund all religious schools statewide, or with the fact that the litigated provision would allow the state to fund 100% of the pupils enrolled at a particular religious school.

One justice has recused herself, leaving observers to speculate that a 3-3 tie vote is the best that voucher opponents can likely expect. If there is a tie, the case would be remanded back to a lower court. There has been no trial. Gov. Thompson had interceded in the case, although he was not a defendant, asking the Supreme Court to remove the case from the jurisdiction of a county court.

A Man Only God Could Love?

State Rep. Marvin Couch, R-Oviedo, a member of the Florida legislature's "God Squad" with a perfect rating from the Christian Coalition, was caught with his pants down on Feb. 22 by police.

Orange County sheriff deputies found him in his truck in a shopping center parking lot with a prostitute who was performing oral sex.

"I have sinned against my God, my wife, my children and the citizens I represent," said Couch. Absent from this list but clearly deserving an apology was the prostitute, who received only $22 after Couch bartered her down from her $30 asking price. She also was arrested.

Couch was one of 15 legislators last year who sent letters to the Walt Disney Co. criticizing its new policy of extending health care insurance to partners of gay employees because of the alleged sexual immorality of gays.

Couch, who is married with six kids, admitted he's used prostitutes in the past and is "being counseled" for it by his pastor, but says he "knows that God still loves me."

He announced he will not seek re-election.

Church Plowing Favors Challenged

The ACLU of Rhode Island plans to file suit to end municipal plowing of driveways and parking lots at houses of worship by the Town of Barrington, a 50-year practice.

The city council has refused to back down, even considering broadening its policy to include all charitable nonprofit groups. Ironically, at the same time it is admitting limited means to defend a legal challenge.

Churches, one synagogue and a monastery also receive weekly trash pickup--which is normally a service extended to residences but not to businesses.

ACLU executive director Steven Brown said: "It's the same problem--preferential treatment for religious institutions."

Attorney John W. Dineen added: "Government cannot provide a benefit to religious institutions which is not generally available to secular institutions."