Freethought Today, May 1999

State/Church Bulletin

Thou Shalt Not Legislate Ten Commandments

Charleston Decalog Removed. The Charleston County Council violated the Constitution when it posted the Ten Commandments outside its chambers in 1997, a judge in South Carolina ruled in March. Judge R. Markley Dennis, Jr., said the Constitution "bans governments from appearing to take a position on questions of religious belief." The county will not appeal.

Georgia Ten Commandments Removed. The Commissioner of Lumpkin County, Georgia, agreed in early March to remove a bronze plaque of the Ten Commandments at the courthouse in Dahlonega by March 12. The plaque, suggested by a local pastor, was mounted in a special ceremony on January 14, prompting immediate complaints.

Arkansas To Ignore Law? In March the Arkansas House passed a bill, on a 51-18 vote, to permit schools to post the Ten Commandments in classrooms. The U.S. Supreme Court ruled in Stone v. Graham, 1980, that a similar law in Kentucky was unconstitutional. The commandments bill was introduced by Rep. Andrew Morris, R-Springdale, who works for a Christian greeting card company. The ACLU vowed a challenge if the bill becomes law.

School Commandments Challenged. The ACLU brought suit on February 9 to remove Ten Commandments tablets placed on the grounds of four schools in Adams County, Ohio, in September, 1997. The county, which has the state's lowest per-capita income at just $12,807, has amassed signatures from 7,500 people urging officials to fight the expensive lawsuit.

Thou Shalt Not Legislate Religion. Florida state Sen. John Grant, R-Tampa, has introduced a bill to permit the posting of Ten Commandments on schoolhouse and courthouse walls, in homage to Alabama's Judge Roy Moore, who has a commandments plaque on his courthouse wall. Editorialized Tom Blackburn, of the Palm Beach Post (3/1/99): "If Florida has to imitate Alabama, even atheists had better learn to pray."

Political Church Loses Exemption

A church that ran "Christian Beware" ads in USA Today and the Washington Times, warning that "Bill Clinton is promoting policies that are in rebellion to God's laws," lost its tax-exempt status this spring.

U.S. District Judge Paul Friedman's decision upheld the IRS revocation of tax exemption for the Church at Pierce Cree, near Binghamton, NY, which ran anti-Clinton ads in Oct. 30, 1992, four days before the election. The ads, which also accused Clinton of supporting "the homosexual lifestyle," solicited tax-deductible donations to help pay for the ads.

No More Arizona Bible Week

Arizona Gov. Jane Hull announced on Feb. 26 that in the interests of uniting, not dividing, citizens, she will stop issuing proclamations for Bible Week.

The Arizona Civil Liberties Union, which sued Hull after her latest proclamation of Bible Week last November, praised her change of position. A similar lawsuit is pending against Mayor Cynthia Dunham, of Gilbert. U.S. District Judge Roslyn Silver issued temporary injunctions against both proclamations.

A New York-based National Bible Association since 1941 has requested every governor and mayor to proclaim that our country is based on the bible and to urge citizens to read it for guidance. Last year, some 26 states and more than 400 cities proclaimed Bible Week.

Boy Scout Subsidy Challenged

A new statewide class-action lawsuit was filed in federal court on April 14 challenging government sponsorship of Boy Scouts by public schools, military bases and other publicly-funded organizations.

Five Chicago-area taxpayers, represented by the ACLU, are suing to halt public sponsorship because Scouts exclude individuals who don't affirm a belief in God. Plaintiffs include a rabbi, a Methodist pastor, a gay and lesbian activist, a civil rights activist and a former Eagle Scout.

ACLU attorney Roger Leishman said: "Government agencies simply cannot spend tax dollars on programs that exclude people because of religious beliefs."

"It is regrettable that the ACLU would seek to deny these boys access to the scouting program simply because they promise to do their duty to God," said national spokesman Gregg Shields, who insisted reference to God is part of the nation's heritage.

A previous ACLU suit against public sponsorship of Boy Scouts, which excludes gays and has a religious oath, was settled last year after the city of Chicago agreed to stop sponsoring Boy Scout programs.

Prayer Ceremony In State Assembly

A Christian group of about 100 gathered in early February in the empty California assembly chambers in Sacramento "to pray" for each legislator, draping a red prayer scarf over the desks of the Assembly's two known lesbian members.

Assemblyman Bill Leonard, R-San Bernardino, gave the Christian group permission to use the chamber for the event, billed as "a call to prayer, corporate confession and repentance of sin." The two targeted women objected to being singled out. Other lawmakers objected to Leonard posting invitations for a weekly bible study over the Assembly computer system, including notes on how to obtain peace with God "through Christ on the cross."

Canon Law Reigns Supreme

North Dakota's Supreme Court refused to allow prosecutors to go after a Roman Catholic priest accused of stealing almost $190,000 from a Valley City church.

The justices, in a decision handed down on April 6, claimed criminal charges against Rev. Leonard Burckhard would be a state intrusion into church matters. The Fargo Roman Catholic diocese had indicated it considered it a church, not a civil, matter. The court characterized the state's desire to prosecute the embezzlement, used for investments, fishing trips and an extensive baseball memorabilia collection, as "an unconstitutional challenge to church authority."

Fined For Religious Firings

A jury in Montgomery County, Maryland awarded $169,000 to three former employees of a Christian school in Rockville on March 26. The Southern Baptist-affiliated Montrose Christian school and principal were found in violation of county anti-discrimination laws.

Florida Judge Rips RFRA

A federal judge ruled on March 31 that Boca Raton, Florida, has a right to limit decorations, including religious symbols, at its city cemetery.

Rules permit only a horizontal plaque at the foot of each grave. Four hundred families sued the city, with the help of the ACLU of Florida, to stop it from removing crosses, plants and other items.

Judge Kenneth Ryskamp noted that Catholic and Jewish cemeteries with similar regulations haven't been found to impede religious expression. Families do not own the cemetery plots, but own the rights to burial in that public land, he ruled, despite the passage last year of Florida's Religious Freedom Restoration Act.

Bush Promotes Football Prayers

Gov. George W. Bush asked a federal appeals court on March 26 to reconsider its ruling that student-led prayers before Texas public school football games are unconstitutional.

The 5th U.S. Circuit Court of Appeals in New Orleans recently up held a lower court decision barring prayers before football games, but permitting limited prayer at graduation ceremonies.

Bible-Based Town Rejected

At a hearing on April 13, an Alabama judge threw out a bid to form a new town named Brooksville, based solely on biblical laws, after no one showed up to support the scheme by evangelist James R. Henderson.

Morgan County Probate Judge Bobby Day said the plans do "not even begin to meet the minimum standards." Henderson wanted to use the Ten Commandments and Jesus' teachings as laws, with citizens providing their own police protection. Some 380 citizens signed petitions opposing the plan, while 160 signed on.

Bible Use Overturns Verdict

The Ohio 1st District Court of Appeals ruled on February 5 that a rapist's 51-year prison sentence should be overturned because a judge turned to the bible for sentencing guidance.

James Arnett, 33, who pleaded guilty to raping and molesting a girl, age 8, will be returned to court for a lesser sentence.

"By factoring in religion, the court is acting outside of Ohio's sentencing guidelines, as well as violating the offender's due process rights," Judge Mark Painter wrote in the court's 2 to 1 ruling against Hamilton County Common Pleas Judge Melba Marsh.

Marsh responded by sending a 4-page letter to the Chief Justice in which she admitted to using the bible in other sentences, and arguing: "Requiring those coming to the bench to have no religious convictions is equivalent to establishing atheism as the state religion in Ohio." Cleveland Municipal Judge Angela R. Stokes has also come under fire for infusing Christianity into her courtroom, including evangelical prayer circles to "save" defendants.

Parochial Tuition Aid Challenged

Since Washington State established a tuition-aid program for college students in 1990, $5.8 million has been given to students attending private schools and only $3.8 million to those at public schools.

The ACLU and a Washington State University professor filed suit in 1995 against the state Higher Education Coordinating Board and the state treasurer. A trial was scheduled for April.

The ACLU may also challenge the State Need Grant, the state's largest financial aid program, which allows students to spend the money at private colleges.

Catholic Employers Can Discriminate

The California Supreme Court, in November 1998, ruled that employees at Catholic Healthcare West (CHW) facility are not protected by the state's anti-discrimination laws. The decision will impact thousands of employees, because the Catholic Church is the U.S.'s largest nonprofit healthcare provider, and CHW is the largest healthcare management system in California. The problem is compounded by the church's aggressive move to merge its sectarian facilities with public hospitals.

Catholic hospitals and clinics do not provide reproductive health services, even condom distribution for AIDS prevention, under orders of the National Conference of Catholic Bishops.

"Creche Lady" Banned

A federal appeals court in Richmond ruled on Feb. 19 that Fairfax County, Virginia can prohibit "the creche lady" from erecting religious displays next to its government center.

The 4th U.S. Circuit Court of Appeals said the county did not violate First Amendment rights by enacting rules barring non-county residents, such as Rita Warren, from erecting their own public displays, even if residents can do so.

Cities Can Approve/ Censor Prayer?

The U.S. Supreme Court in March rejected the appeal of a Utah man to give an unorthodox opening prayer at the Murray City Council. The Court let stand the 10th Circuit Appeals Court ruling turning down Tom Snyder's proposed prayer based on content. Snyder would have asked "our mother, who art in heaven (if indeed there is a heaven and if there is a god that takes a woman's form) . . . [to] deliver us from the evil of forced religious worship."

Snyder's attorney, Brian Barnard, said: "The danger is we get government approved prayers and we get government-censored prayers."

Bon Voyage, Hare Krishnas

The U.S. Supreme Court rejected an appeal in February from the Hare Krishnas, thereby refusing to let them solicit donations or sell religious literature at Miami International Airport. A 1992 high court decision ruled that airports may bar groups from soliciting donations, but must allow distribution of free literature.

Protesting Christian Science Medicare

The 8th U.S. Circuit Court of Appeals will be hearing a challenge of Medicare funding of Christian Science practices, such as praying, bible-reading and hymn singing, that have cost taxpayers about $50 million over the past seven years.

Last year alone, Medicare spent $8 million for the services of 851 patients at 22 Christian Science facilities nation wide, according to the Washing ton Post (3/22/99).

The federal lawsuit was filed in 1996 by Rita Swan, for Children's Health care Is a Legal Duty (CHILD), who won the first round in August 1996.

In 1997, Sens. Orrin Hatch and Ted Kennedy--who represents the state with the most powerful Christian Science lobby, wrote an amendment restoring payments to "religious nonmedical health care institution[s]."

CHILD filed a new lawsuit, opposed by the Justice Department, that was dismissed in 1998. Oral arguments in Swan's appeal will be held this spring.

The Christian Science lobby has persuaded 45 states to grant immunity from child-abuse laws to parents withholding medical care from children.

Maryland State Is Collection Plate

Since 1993, 19 religiously-affiliated groups have successfully lobbied for $7.5 million in state assistance from Mary land for building projects, according to the Baltimore Sun (3/15/99).

Last year, Baptist, Roman Catholic and African Methodist Episcopal groups received state awards, along with the Islamic Society of Baltimore and the Jewish Community Center of Greater Washington.

This year, at least 6 church-affiliated groups are seeking grants totaling $3.5 million in Annapolis.

Maryland has also given state assistance for many years to its private colleges, such as Loyola, and helped fund building projects at religious-affiliated hospitals.

Chastity Budget Tops $250 Million?

The Christian-right Heritage Foundation is calling on Congress to triple the $250 million over five years that Congress is already giving states to promote chastity until marriage under welfare reform. The act has only been implemented for a little over a year.

Under the welfare reform law, states began receiving a total of $50 million a year in the fall of 1997 to fund programs that teach that "abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted disease, and other associated health problems."

About a dozen states have awarded abstinence education grants to groups counseling pregnant women against abortion.

In a few states the abstinence-only programs may be replacing sex education programs.

The current federal abstinence program was written by Robert Rector, senior policy analyst at Heritage. Rector wants federal and state legislation addressing his vision of a sexual pecking order, headed by virgins-until-marriage, followed by virgins-until-engaged, virgins-until-they-fall-in-love, etc.

They are "trying to Christianize the schools," argues Debra Haffner, president of SIECUS, a sex education advocate.

Many states are giving money to churches, ministries and other religiously-based groups, according to a March article by Joan Lowry for Scripps Howard News Service:

Both California and New Hampshire refused to participate in the program last year.


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