A Missouri Circuit Court judge has ruled that the religious oath "So Help Me God," may stay on tax forms to be signed by Missouri residents.
In a lawsuit, Robert E Oliver et al v. State Tax Commission of Missouri, Oliver and the Freedom From Religion Foundation had challenged the religious wording and the unequal application of the law. Residents of first class counties in Missouri are not required to sign a religious oath.
In his Jan. 27, 2000 decision, the Missouri judge wrote, "In the context of personal property tax lists, the words are a constitutionally permissible reminder to taxpayers that they are required to list truthfully and completely all the property they own that is subject to taxation."
In addition to affirming the religious oath, the judge failed to address the inequity of the law.
"Had Mr. Oliver happened to live in a first class county," said Anne Gaylor, Foundation president, "this problem never would have arisen. The past threat of prosecution against Mr. Oliver for not signing was not addressed by the court, nor was the very real possibility of future action against him properly considered. Mr. Oliver remains in jeopardy because of his refusal to sign a religious oath."
The decision is being appealed to the Missouri State Supreme Court.
Originally the suit had been filed in federal court, but the district judge there had dismissed it, saying that federal courts did not deal with tax cases.
"Obviously, it is a First Amendment case, not a tax case," Gaylor said. "We will hope for a better ruling from the Missouri Supreme Court."
Ironically, Oliver lives in Christian County.
Federal government at the instigation of the Christian Right has poured about $500 million into abstinence-only sex education programs since 1996.
A related bill to funnel $161 million to nonprofit and religious groups to urge poor, unwed fathers to marry and become better parents is being opposed by the National Organization for Women.
Opponents say it conditions government services for the poor upon a moral message, and overtly funnels money to religious groups, possibly also harming victims of domestic violence by encouraging them to marry their abusers.
Bowing to pressure from religious broadcasters and the GOP, the Federal Communications Commission in late January reversed its December ruling that religious broadcasters holding noncommercial licenses must devote 50% of their regularly scheduled airtime to educational programs.
The FCC had ruled that programming "primarily devoted to religious exhortation, proselytizing or statements of personally held religious views and beliefs generally would not qualify as 'general education' programming."
The ruling did not apply to a majority of religious broadcasters, who operate on commercial channels, but only to some 20 religious broadcasters nationwide of the 373 TV stations holding educational reserve licenses.
Top constitutional scholars told a University of Hawaii audience on February 4 that a religious symbol on a state lawmakers' door might not survive a constitutional challenge.
Noting a Christian "fish" on the lawmaker's front door at the State Capitol is not comparable to a bumpersticker on his personal car, Kathleen Sullivan, dean of Stanford Law School, added: "I would advise a zero tolerance of such expression in a government context."
Hawaiian activists, as well as the Freedom From Religion Foundation, have protested the presence of a Christian fish symbol on the door of Sen. David Matsuura.
"If a legislator has a cross, his constituents who are not Christian will feel 'this is not my legislator.' If there is a prayer at a ceremony, a person not of that belief will feel 'this isn't my ceremony,' " seconded University of Southern California law professor Erwin Chemerinsky.
A San Diego judge ruled in early February that the Mount Soledad cross can stay where it is, following the city's sale in 1998 of about half an acre of land under the cross to the Mount Soledad Memorial Association.
A legal fight began 11 years ago over the 43-foot-tall cross overlooking Interstate 5 in La Jolla. After a judge ruled it could not remain on public property, the city tried to sell just the cross to the Mt. Soledad association, which has maintained the cross since 1952, in a closed sale for $26,000.
Judge Gordon Thompson rejected that deal, saying the transaction was clearly an effort simply to retain the cross.
The city then announced a bidding process with the requirement that the land be retained as a war memorial. The Freedom From Religion Foundation, one of five bidders, suggested that the site become a memorial to the proverbial "atheist in a foxhole." The land went to the association in 1998, which bid $106,000.
James McElroy, the attorney representing atheist Philip Paulson, said the bid was still rigged to favor the association because only the association could meet the experience criterion imposed by the city. "We'll probably appeal," McElroy announced.
So-called "moments of silence," considered a backdoor attempt to flout rulings against organized prayer in public schools, are back in the news following opportunistic campaigns following the Columbine high school shootings.
According to Associated Press, about 20 states and Guam have a "moment of silence" law on their books, including: Arizona, Alabama, Connecticut, Florida, Georgia, Kentucky, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, Nevada, North Carolina, Ohio, Pennsylvania, Rhode Island and West Virginia.
Mississippi, Virginia and Oklahoma are considering laws. The Virginia bill would require "a period of silent meditation, prayer or reflection."
Georgia's law, requiring 60 seconds of "silent reflection on anticipated activities of the day," survived review by a federal appeals court in 1997.
Laws in North Dakota and New Jersey were struck down because courts viewed them as encouragement to pray. The Jaffree high court decision of 1985 struck down an Alabama statute setting aside time for "prayer or meditation."
The Colorado State Senate in February killed SB-114, a bill that would have required (1) the posting of the Ten Commandments, and (2) a religiously-worded moment of silence in the public schools.
The preface to the required moment of silence said it was for "reflection on our heritage as a free people in one nation under God."
Oklahoma Attorney General Drew Edmondson ruled that the Oklahoma State Textbook Committee had overstepped its bounds in requiring state science textbooks to require a disclaimer against evolution.
The committee voted in November to require that public texts carry a sticker describing evolution as a "controversial" theory. Edmondson's ruling was handed down in early February.
The U.S. Supreme Court is scheduled to hear arguments on March 29 over the constitutionality of Christian prayer imposed over public address systems upon students at high school football games.
A bevy of friend-of-the-court briefs have been filed in the Santa Fe ISD v. Doe case out of Texas. At least nine briefs have been filed on behalf of the Santa Fe school district, which is being defended by Pat Robertson's American Center for Law and Justice, including: Christian Legal Society, Texas Justice Foundation, and Liberty Counsel. The plaintiffs are Catholic and Mormon students and their families who object to Protestant prayers piped over the loud speakers at school events.
Americans United for Separation of Church and State and the ACLU of Louisiana filed a lawsuit in December challenging religious practices at West Monroe High School, Louisiana.
Students in Linda Luttrell's 6th-period honors physical science class were forced to pray at the end of the class period, according to the lawsuit. Plaintiff "Jane Doe," the mother of a boy in the class, said he was harassed by other students for not participating. The Monroe News-Star (Dec. 4) reported that he was "called names like 'atheist,' 'Satanist' and 'devil worshipper.' "
The lawsuit alleges that every morning after announcements, a member of the Fellowship of Christian Athletes or the Fellowship of Christian Students recites a Christian prayer over the intercom. Principal Ernest Reed is accused of asking students to "pray for students" in trouble.
The lawsuit also challenges an amended state school prayer law signed into law last July. The measure removed the word "silent" from an existing statute authorizing "silent prayer or meditation" every morning in public schools.
About 15,000 people attended a Jan. 30 prayer rally at the football stadium, where a wooden cross was erected by a crane. Gov. Mike Foster proclaimed Sunday, Jan. 30 a "day for prayer in public schools."
Superintendent Cornelius V. Cain recently issued a decision against excessive use of religious material in the choral music group at Camp Hill Senior High School, Pennsylvania.
Cain, in consultation with the high school principal, reminded teachers of the mandate to avoid promoting or establishing religion, after several complaints that a Jan. 16 choral concert contained too much religious material.
The administration will review material to be performed by all five vocal performance groups associated with middle and high schools in Camp Hill, all led by the same teacher.
The House Educational and Workforce Committee on Feb. 16 approved expanding "charitable choice" measures to permit religious groups to participate in the federally funded $500 million Even Start Program, offering tutoring to preschoolers, and literacy and job training for their parents.
The proposed changes in federal literacy programs would ensure religious groups would not have to cover up sacred images at program sites or hire staff that didn't adhere to their beliefs. It would be the first time churches would be allowed tax dollars to run educational programs.
The juvenile justice bill tied up in a congressional dispute over gun control would also allow "faith-based" groups to participate in federal programs for teens without having to create a secular arm, separate public and religious money, and remove proselytizing symbols
Page maintained by Dan Barker and hosted by the Internet Infidels.