Highlighted Court Victories

FFRF Sues County of Manitowoc, Wis. over Catholic Creches

The Foundation took the County of Manitowoc, Wis., to court in mid-Dec. 2008 over its "provocative and divisive" prominent display every December since 1946 of a nativity scene bearing the words "Glory to God in the Highest" on its courthouse lawn. The Foundation filed suit representing its Manitowoc County members, and named as defendants Bob Ziegelbauer, as Manitowoc County Executive and Jeffrey Beyer, public works director. The Foundation and various regional media were unable to uncover any permit for the display, or approval by the Manitowoc Public Works Committee, or even written guidelines about public displays. Norbert Vogt, a Manitowoc County Board Supervisor on the Public Works Committee, has publicly stated that the County should not allow atheists to put up a sign declaring 'There is no God.' " After the suit was filed, the county adopted written guidelines on use of the grounds as a public forum with content-neutral language, but continued to insist its 60-plus year history of favoring a creche was permissible, so the case proceeded. The Foundation also objected to the onerous insurance requirements in the policy. The judge ruled to no one's surprise that the issue was mooted once the county remedied the situation and adopted a content-neutral policy. FFRF's suit successfully forced the county to open the space up as a bonafide public forum, in theory allowing equal access to all groups and ending the preferential treatment for the Catholic clubs. The judge warned that the county "may come to regret its solution to the problem" as it may find itself "deluged with applications seeking to enrich the holiday season" with "an embarrassment of riches." FFRF intends to test the policy by applying for its own "no gods" winter solstice display.

Case no. 08-C-1105

Decision by U.S. District Judge William C. Griesbach, April 22, 2010 (pdf )
Press Release
Read Legal Complaint (pdf)

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FFRF Wins School Child Evangelism Subsidy

The Freedom From Religion Foundation and Wisconsin taxpayers filed suit in Dane County, Wis., on April 25, 2008, suing the Department of Public Instruction and the Rio Community School District for drawing money from the state treasury for the benefit of religious organizations. The state-funded Rio school district has refused to charge rent for after-school meetings for elementary students on school property by the Child Evangelism Fellowship Group. It also uses time and resources to send home flyers publicizing the after-school evangelism. The Child Evangelism Fellowship describes itself as a "Bible-centered, worldwide organization composed of born-again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ, disciple them in the Word of God and establish them in a Bible-believing church for Christian living." The Complaint charges that the subsidy of the ministry violates the Wisconsin State Constitution, which was amended to permit public school buildings to be used by religious groups after hours, provided reasonable compensation is paid. The Foundation was also concerned about CEF posters being placed at child's eye view by water coolers and lockers promoting CEF and its after-school treats.

On March 20, 2009, the case was dismissed at the request of the Foundation. After the lawsuit was filed, the CEF stopped meeting in Rio schools. FFRF and its complainants will monitor the situation.

See press release
Read Legal Complaint (pdf)
Dismissal by FFRF (pdf)

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FFRF Wins Against Green Bay Creche (Settlement)

The Freedom From Religion Foundation filed a federal lawsuit on Dec. 26, 2007, challenging the unlawful display of a manger scene at the entrance of city hall in Green Bay, Wis., in the U.S. District Court, Eastern District of Wisconsin. The Freedom From Religion Foundation v. City of Green Bay includes 14 individual plaintiffs of diverse religious and nonreligious views, and additionally names Green Bay City Council President Chad Fradette and Jim Schmitt, Mayor of Green Bay. Plaintiffs include Foundation members and other freethinkers, a Lutheran, a Buddhist, a Unitarian Universalist, a Wiccan and an Episcopalian. The Council president placed a nativity scene at city hall directly because the Foundation had complained about an unlawful nativity display in Peshtigo, Wis. "Public and private communications by the Defendants reflect their intent to provoke and marginalize persons who do not share their views regarding the public display and promotion of religion by the City," the Complaint noted. The City Council placed a moratorium on the public display of any religious symbols other than the Christian Nativity scene, which "preferentially conveys endorsement, promotion and/or advancement of religion."

Among the plaintiffs are Taku Ronsman and Wendy Coriell, who sought unsuccessfully to place other symbols at city hall, and Michael Bergman, who had expressed concern to the city over the Christian endorsement and wondered if he could display a Buddhist symbol to coincide with a major Buddhist holiday in May. The Foundation Complaint charges that "objectors and dissenters are shown to be political outsiders and discouraged from challenging the official view that public sponsorship of religious displays is an appropriate exercise of government authority."

The Foundation dropped its appeal before the U.S. 7th Circuit Court of Appeals on Jan. 13, 2009, since no religious displays were permitted by the City of Green Bay, Wis., in December 2008. The Foundation is prepared to go back to court if abuses recur.

Read the Legal Complaint, case number 07-C-1151 (pdf)
Press Release
Freethought Today coverage
FFRF Motion of Continuance (pdf)
Decision and order by William C. Griesbach, U.S. District Judge (pdf)
Motion to Appeal Filed Nov. 3, 2008

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FFRF Stops Public School’s Promotion of Religious Activity

The Freedom From Religion Foundation filed suit on Oct. 10, 2007, against the Cherry Creek School District in Denver, Colo., for illegally urging that children spend an hour a week at a religious institution. Filed on behalf of three parents and their three children, the lawsuit challenges a program known as "40 Developmental Assets." Defendants are Supt. Monte C. Moses and the school district. The district urges parents to put the assets "to work in your family, your school, and your community," promises success for children who are "asset-rich," and warns that not having these assets can "kill you." Asset 19 states: "Religious Community--Young person spends one or more hours per week in activities in a religious institution."

"This Asset," the Foundation legal complaint notes, "is prominently posted in Cherry Creek public schools alongside the photo of a young child with her hands clasped as though in prayer under the title 'Faith Community.' " The "adoption, promotion, endorsement, approval and publicizing of Development Asset 19" by the district "constitute an establishment of religion in violation of the First Amendment to the Constitution," as well as violating the prohibition against teaching sectarian tenets or doctrines found in the Colorado Constitution. The school district has agreed to stipulate to the Foundation's request for a protective order, which will keep the identity of the parents and children confidential to protect them from reprisal.

Press release and Legal Complaint

UPDATE: On Sept. 8, 2008, U.S. Dist. Judge Marcia S. Krieger dismissed FFRF's lawsuit, but gave FFRF 10 days to file an amended brief. Stay tuned.

Ruling by Krieger (pdf)

Motion For Reconsideration (pdf)
Third Amended Complaint (pdf)
Motion For Leave to File Third Amended Complaint (pdf)
Appendix A (pdf)
Appendix B (pdf)
Appendix C (pdf)
Appendix D (pdf)
Appendix E (pdf)

Round Two: FFRF amended its legal complaint, and linked the violation to the Lutheran Brotherhood in September 2008. Attorney Richard R. Tiernan introduced evidence linking the District's 40 Developmental Assets to a Lutheran, scripture-based program. The Foundation's refilings document the religious origins and purpose of the assets. "Each of the Assets has a stated biblical underpinning and the history of the Assets program clearly shows that religion is at its core," states Tiernan. Each asset is actually based on specific biblical references. "Service to others," for instance, is explicitly based on 1 Isaiah 6 and Romans 12:9-13. Revealing affidavits by two Denver men familiar with the "40 Assets" programs were also filed.

"Plaintiffs contend that the 40 Assets taken as a whole constitute a moral code for young people promulgated by the Lutheran religion or a sect thereof," which violates the First Amendment, as does Asset 19 taken separately.

The 40 Developmental Assets were developed by the Search Institute (originally known as the Lutheran Youth Group), and it is the Foundation's belief it continues to be heavily financed by the Lutheran Brotherhood. Institute Board Members include representatives of the National Council of Churches, the National Federation for Catholic Youth Ministry, Outreach National Baptist and National Network of Youth Ministries.

Press Release
Third Amended Complaint (pdf)
Affidavit of Robert L. Stuart (pdf)
Affidavit of Barton G. Prieve (pdf)
Assets and Scripture (pdf)

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FFRF Wins Ten Commandments Case

In February 2004, the Freedom From Religion Foundation won its challenge of a Ten Commandments monument in a public park in La Crosse, Wis., and the city's convoluted attempt to sell a small bite of the park to the Fraternal Order of Eagles in order to maintain the monument in the same park. Federal Judge Barbara Crabb of the Western District of Wisconsin noted: "It borders on preposterous to argue that the government can avoid an establishment clause violation by 'dedicating' a religious object to a nonreligious group. Adopting such a view would permit municipalities to erect crosses and build churches on public property throughout the city so long as it could think of a new group to which it could dedicate each one." The city and the Fraternal Order of Eagles, represented by television evangelist Pat Robertson's legal group, have appealed the ruling to the 7th U.S. Circuit Court of Appeals.

The case is Sue Mercier et al v. City of La Crosse, 02-C-376-C.
View News Release

On Jan. 3, 2005, a 3-judge panel of the U.S. 7th Circuit Court of Appeals partially overturned Judge Crabb, approving the sale of city land to the Eagles to explicitly maintain the decalog in the same spot. Judge Crabb's main ruling that display or ownership of the Ten Commandments by a city is unconstitutional was not overturned, thus the bible edict remains on private property. Dissenting appellate Judge Bauer called the city sale of the park a "sham" bordering on "fraud":
See final press release

Mercier vs. La Crosse Legal Complaint (pdf)
Reply Brief on Standing, Mercier vs. La Crosse (pdf)
7th Circuit Ruling, Mercier vs. La Crosse (pdf)

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FFRF Wins “Scopes II”

On June 7, 2004, the Sixth U.S. Circuit Court of Appeals in Cincinnati ruled in favor of the Freedom From Religion Foundation and its plaintiffs, challenging 51 years of unlawful bible instruction in Rhea County (Dayton, Tenn.) public schools.

Bible students at William Jennings Bryan college were brought into the public schools for 51 years to give religious instruction every week, until the Foundation sued over the practice in federal court.

The case is John Doe, Mary Roe, and the Freedom From Religion Foundation v. Sue Porter, Superintendent of the Rhea County School District, Rhea County Board of Education, Jimmy Wilkey, County Executive for Rhea County, Tennessee, 02-5316/5823, June 7, 2004.

View News Release
 

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FFRF Wins Against Direct Funds to Parochial Schools

Direct subsidy to parochial schools was ruled unconstitutional by the 7th U.S. Circuit Court of Appeals on April 27, 2001. The Court of Appeals upheld a lower court ruling in favor of the Freedom From Religion Foundation's challenge of a Wisconsin program giving cash grants to religious schools to reimburse them for Internet linkage access costs. The grants constituted a "direct subsidy to participating religious schools" that runs afoul of the Establishment clause principles set out by the U.S. Supreme Court in Committee for Public Education v. Nyquist (1973), wrote Judge Harlington Wood, Jr., joined by Judges Michael S. Kanne and Diane P. Wood.

The case is Freedom From Religion Foundation Inc. v. Bugher No. 99-2850.
View Article

Read 7th Circuit ruling

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FFRF Wins Lawsuit: Post to “Assist Clergy” Unconstitutional

A nationally-watched Wisconsin law to create a state coordinator to "assist" clergy to develop "community-wide standards of marriage" was ruled unconstitutional in a firm decision issued on May 25, 2000, by U.S. District Judge John Shabaz. The law was to be modeled after a Christian program called Marriage Savers, based in Maryland. Marriage Savers director Mike McManus suggested that its funding source be the federal Temporary Assistance to Needy Families. Federal funds for needy families, totaling $210,000, were to be raided to promote religion. Plaintiffs included not only the Foundation and its staff members, but the Rev. Charles Wolfe, pastor of Plymouth Congregational Church, Madison. The case is Freedom From Religion Foundation v. Joe Leean (99-C-813-S).

View News Release

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Jesus Statue in Public Park Sold, Fenced

The Freedom From Religion Foundation's two-and-a-half year court battle over a shrine to Jesus in a public park in Wisconsin concluded in November 2000 with the erection of a 4-foot, wrought-iron fence and two "private property" signs around the statue. The Foundation, with Clarence Reinders of Marshfield as plaintiff, filed suit in 1998 after receiving complaints by residents and motorists about a Jesus statue dominating a public wayside park, reading "Christ Guide Us On Our Way." The statue had been given to the town by the Knights of Columbus in the 1950s. The Foundation's lawsuit was initially dismissed by Shabaz after the city sold a prime parcel of the park to a group formed expressly to save the statue.

The 7th Circuit Court of Appeals in Chicago agreed with the Foundation that the sale did not remedy the violation, because there was no wall or sign indicating the statue is now on private land. A three-judge panel ordered Shabaz to oversee the erection of a wall or fence with a visible disclaimer.
View Article

Read the decision

Freedom From Religion Foundation, Inc., and Clarence Reinders, v. City of Marshfield, Wis., and Henry Praschak Memorial Fund, Inc., No. 99-1639 U.S. Court of Appeals for the 7th Circuit. Decided February 4, 2000.

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FFRF Lawsuit: Pope Monument in Park Modified

The United States District Court in Denver in 1998 approved a settlement in Wells v. Lochhead, a lawsuit challenging a shrine built to commemorate the Mass said by Pope John Paul II during his 1993 appearance in Cherry Creek State Park outside Denver. The State of Colorado Department of Natural Resources agreed to delete a series of religious phrases and an image of a boy praying, as well as a picture of the pope blessing someone, from plaques placed in a gazebo-like memorial structure in the park.

View Article

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Alabama Chapter Won Two Cases

Roger Cleveland and the Alabama Freethought Association, a Foundation chapter, sued to remove crosses and preference for Christian use at Alabama state parks in 1992. In 1993, the Alabama State Parks agreed to take down crosses, to stop using the term "chapel" on buildings and state maps, and to give groups "first come-first serve" rights to use public facilities, instead of reserving buildings for religious groups every Sunday morning.

In 1995, the Alabama chapter and members were plaintiffs in the original ACLU case against Judge Roy Moore, filed when he was a county judge inflicting prayers on juries and erecting a Ten Commandments plaque in his courtroom. The plaintiffs won at the federal level in November 1996, with Moore ordered to stop the prayers. The case was thrown out on a technicality in 1998, after interference by the governor complicated the lawsuit.

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FFRF Wins Good Friday State Holiday Challenge

U.S. District Judge John Shabaz ruled on Feb. 24, 1996, that Wisconsin's Good Friday legal holiday is unconstitutional. The holiday violated the First Amendment by favoring Christianity over other religions or no religion. The 1945 law mandated: "On Good Friday, the period from 11 a.m. to 3 p.m. shall uniformly be observed for the purpose of worship." The law was amended to require state offices to close at noon on Good Friday to observe the crucifixion of Jesus.

Shabaz wrote in a strongly-worded, 15-page decision that "The language of [the law] leaves absolutely no doubt that the purpose of the Wisconsin Legislature . . . was the promotion of religion."

Even without a religious purpose written into the law, Shabaz declared that the effect of giving state employees the paid holiday still endorses Christianity. The case is Freedom From Religion Foundation v. Tommy Thompson (95-C-634-5).
View Article

Addendum: On March 5, 1997, a Wisconsin county, whose supervisors had vowed they would never relinquish a publicly-observed Good Friday holy day, capitulated. After months of divisive religious debate, procrastination and three formal votes to retain the official holy day, Ozaukee County supervisors finally voted 18-12 to abandon their official Good Friday holy day. A "floating holiday" will take its place. A settlement of the lawsuit, Freedom From Religion Foundation v. Ozaukee County, Wisconsin, provided that Ozaukee County paid the Foundation $8,500 in court costs and attorney's fees.
View Article

Read the Good Friday Ruling (pdf)
Read the Court Order (pdf)
 

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Mayor Forced to Disclaim “Day of Prayer”

In November 1993, the Freedom From Religion Foundation Denver chapter, with the national organization, successfully went to court to enjoin the Denver mayor's office from cosponsoring a National Day of Prayer against Violation on Dec. 5, 1993. The Court enjoined the mayor from "any further endorsement, promotion, sponsorship or support of the Day of Prayer."

Ruling (pdf) by Judge John N. McMullen, District Court, in FFRF, Colorado Chapter of FFRF, Robert H. Fenn and Lee Whitfield v. City and County of Denver, Colo., Wellington Web,b, Mayor of Denver. Case No. 93 CV 6056

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Ended Church Entanglement with Public University

In September 1984, the Freedom From Religion Foundation filed a federal lawsuit seeking removal of a religious question from mandatory registration forms at the University of Wisconsin-Madison. The names and addresses of students who indicated their religious preferences were given to area churches, campus ministries and religious officials for recruitment. The University settled the case by adding the Freedom From Religion Foundation name to the list, then eventually discontinued the church check-off list.

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Ended Religious Cancellations by Post Office

The Foundation's very first lawsuit, challenging the use of a religious cancellation by the Post Office in Madison, Wisconsin, successfully ended the violation in November 1977. The federal lawsuit set national precedent.

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