Recent Court Cases
- FFRF Challenges School Child Evangelism Subsidy
- FFRF Files Suit Against Green Bay Creche
- FFRF Challenges "Under God" in Pledge in New Hampshire Schools
with New Hampshire family & Mike Newdow
- FFRF Challenges Public School's Promotion of Religious Activity
- FFRF Wins Challenge of "Chaplaincy" for Indiana Family & Social Services
- FFRF v. Gonzales : FFRF Sues Federal Bureau of Prisons over Faith-based Prison Programs
- FFRF Sues Veteran Affairs Department Over Religion
- FFRF Sues Over Bush's Offices of Faith-based Initiatives
Hein v. FFRF
Challenges Emory Grant
Challenges Funding of MentorKids
- FFRF Halts University of Minnesota "Faith/Health" Entanglement
- FFRF Challenges New Mexico Faith-based Prison Program
- FFRF Stops Dept. of Education Grant to Bible College
- FFRF Wins "Scopes II"
- FFRF Wins Ten Commandments Case
- FFRF Wins Montana Faith-based Challenge
- FFRF Wins First Faith-based Challenge
- FFRF Wins Against Direct Funds to Parochial Schools
- FFRF Wins Lawsuit: Post to "Assist Clergy" Unconstitutional
- FFRF Lawsuit: Jesus Statue in Public Park Sold, Fenced
- FFRF Lawsuit: Pope Monument in Park Modified
- FFRF Wins Good Friday State Holiday Challenge
FFRF Challenges 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.
FFRF Files Suit Against Green Bay Creche
The Freedom From Religion Foundation filed a federal lawsuit on Dec. 26 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."
Read the Legal Complaint, case number 07-C-1151.
FFRF & Friends Challenge Religion in the Pledge of Allegiance in New Hampshire
The Freedom From Religion Foundation has joined Michael Newdow in launching a new challenge of the religious phrase "under God" in the Pledge of Allegiance. Plaintiffs include the Foundation and a Hanover couple with children in the schools who are Foundation members. The suit, filed in federal court on Oct. 31, 2007, names Congress and three local school districts. A 2002 state law requires New Hampshire schools to include recitation of the Pledge of Allegiance in every school day, but adds that student participation is voluntary. The parent plaintiffs believe that by including the phrase in the pledge, the district is "endorsing the religious notion that God exists" and thereby creates a "societal environment where prejudice against atheists . . . is perpetuated." "It should be noted that Plaintiffs are making no objection to the recitation of a patriotic Pledge of Allegiance," the Complaint notes. "The government is certainly within its right to foster patriotism, and it may certainly make the determination that recitation of the Pledge of Allegiance serves that purpose. However, government may not employ or include sectarian religious dogma towards this end. By placing the religious words 'under God' into the pledge, Congress not only interfered with the patriotism and national unity the pledge was meant to engender, but it actually fostered divisiveness. . . in a manner expressly forbidden by the Constitution," writes Newdow in the legal complaint.
On Jan. 18, 2008, 51 members of Congress won court permission to intervene in the lawsuit. The interveners, including three U.S. Senators--Sam Brownback, James M. Inhofe, and Ted Stevens--and 48 members of the House, asked the judge to dismiss the lawsuit.
Press release about Complaint.
FFRF v. Cherry Creek School District
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
FFRF Wins Challenge of "Chaplaincy" For Indiana Family & Social Services
FFRF's major legal coup in 2007 was ending the first chaplaincy for state workers ever set up in the nation, in which a pastor was hired by Indiana to bring "faith into the workplace" for state employees in the Family and Social Services Administration. The state abolished the chaplaincy and fired the chaplain in the fall of 2007, ending the lawsuit. The lawsuit brought media attention, resulting in several exposes in Indiana newspapers revealing that in nearly 18 months and after $120,000 in tax money, the program had met few of its goals.
The Foundation and four of its Indiana members and taxpayers filed a lawsuit on May 2, 2007, in the courtroom of Judge David Hamilton, U.S. District Court of the Southern District of Indiana, challenging the creation of a chaplaincy for the Indiana Family and Social Services Administration (FSSA). The FSSA hired Pastor Michael L. Latham, a Baptist minister, in 2006, at a salary of $60,000 a year, paid with revenue from state taxpayers. The job description stated that Rev. Latham "serves as the Chaplain for the Family and Social Services Administration and functions as a staff advisor on all problems involving spiritual needs of the employees. He also serves as the strategic director for policy, procedures and communication efforts on faith-based services. The position reports directly to the FSSA Chief of Staff." The job description required the chaplain to be an ordained or licensed minister, who will minister to FSS employees, develop a statewide network of volunteer ministers, train staff to encourage a "faithful environment in the workplace," participate in outreach to faith-based groups and prepare "faith-based services, including for legislators and service providers.
Read Amended Legal Complaint (PDF)
Read confirmation of termination of chaplaincy program (PDF
Read Stipulation & Order for Dismissal (PDF)
Read Freethought Today coverage
FFRF v. Gonzales : FFRF Sues Federal Bureau of Prisons over Faith-based Prison Programs
In its ninth major lawsuit challenging the "faith-based initiative," the Freedom From Religion Foundation filed a lawsuit May 5, 2006 in federal court challenging faith-based prison programs at the Federal Bureau of Prisons.The lawsuit challenges previous multifaith programs set up by the Bureau, as well as the Justice Department's announced plans to expand "single-faith" programs into as many as six more federal prisons.
Named are: Attorney General Alberto R. Gonzales; Federal Bureau of Prisons director Harley G. Lappin, and Clay Johnson III, director, Office of Management and Budget. Plaintiffs include the Freedom From Religion Foundation, a national state/church watchdog group of freethinkers (atheists and agnostics), co-presidents Annie Laurie Gaylor and Dan Barker, and founder Anne Nicol Gaylor.
The lawsuit challenges the Bureau of Prisons' Life Connections Program, instigated by the Department of Justice Task Force for Faith-based and Community Initiatives, which is an 18-month program that has been operating since at least 2003 in at least five federal institutions. The Federal Bureau of Prisons suspended temporarily calls for grant applications for its proposed new "single-faith" programs after FFRF's lawsuit was filed. The lawsuit also seeks to end actions by the Office of Management and Budget, which gives a "report card" to each major federal agency which apparently grades the agencies on the extent to which they have disbursed or increased their appropriations to faith-based agencies.
Freedom From Religion Foundation v. Gonzales, Case No. 06-C-0244-S, has been assigned to Judge John Shabaz, U.S. District Court, Western District of Wisconsin. Read the Complaint:
Freedom From Religion Foundation v. Gonzales, Case No. 06-C-0244-S
By the end of May 2006, shortly after the lawsuit was filed, the FBP had suspended its call to accept grants to run "single faith" prison ministries. In October 2006, the Bureau quietly announced at its website that the call for single faith grants was canceled. Read more here.
Read the original news release.
FFRF Sues Veteran Affairs Department Over Religion
The Freedom From Religion Foundation filed a lawsuit April 19, 2006, in federal court, challenging the pervasive integration of "spirituality" into health care by the Department of Veteran Affairs. The lawsuit, filed in the U.S. District Court, Western District of Wisconsin, names VA Secretary R. James Nicholson; Undersecretary for Health Jonathan Perlin, M.D.; Hugh Maddry, director, and A. Keith Ethridge,deputy director, of the National Chaplain Center; and Jeni Cook, program manager of the Spiritual Health Initiative.
The lawsuit alleges that the Veterans Health Administration, the nation's largest integrated health system, "has deeply committed to integrate faith, spirituality and religion into the substantive protocol of its medical treatments," in a manner which unconstitutionally promotes, advances and endorses religion.
The complaint observes that the VA now "provides pastoral services not as an accommodation to veteran's free exercise rights" but because it "deems pastoral services for all patients, including veterans receiving outpatient medical services, to be a necessary part of medical treatment." The VA encourages all patients "to tap into their alleged spiritual resources of faith," with VA chaplains involved as "part of the treatment team for all patients." The VA now plugs in chaplains to outpatients (making up 80% of patients) whose religious needs do not require special accommodation.
Read the legal complaint in full for FFRF v Department of Veterans Affairs. (Case No. 06C0212S)
Read the initial news release.
In September 2006, Judge Shabaz ruled against a VA motion to dismiss the lawsuit, which contended FFRF had no legitimate Establishment Clause claim. Shabaz ruled that if the facts are as alleged, there is merit in the lawsuit and it may proceed. Read the news release, which contains a link to the judge's Memorandum.
Judge John Shabaz ruled on Jan. 8, 2007, that the integration of religion and "spirituality" into all aspects of medical care is permissible because it is ostensibly "voluntary." The Foundation, which contends coercion is not necessary to show an Establishment Clause violation, appealed the decision to the 7th U.S. Circuit Court of Appeals. The government asked to stay the case pending the decision of the U.S. Supreme Court in FFRF v. Hein, deciding whether citizens have standing to sue over so-called discretionary spending that violates the Establishment Clause by the Executive Branch. This stay was granted, despite the fact that standing was never raised as an issue at the district court level and had not been contested.
Read the District Court decision - FFRF v. Nicholson, 06-C-212-S (PDF)
Read FFRF News Release on lower court decision
The government's motion to stay the appeal, pending the U.S. Supreme Court decision in Hein v. FFRF, was granted by the 7th U.S. Circuit Court of Appeals.
FFRF VA Appeal Brief, April 2, 2007 (PDF)
Motion to Stay Appeal/Government Affidavit/Stay Order by 7th Circuit (PDF)
Brief of Appellants & Appendix (PDF)
Appeals Court reply, Nov. 16, 2007 (PDF)
Oral arguments were heard in January 2008.
FFRF Sues Over Bush's Offices of Faith-based Initiatives
Hein v. FFRF. In June 2004, the Freedom From Religion Foundation filed the first lawsuit to challenge the creation of the White House Office of Faith-based and Community Initiatives, as well as eight Cabinet-level "offices of faith-based initiatives." The Foundation alleged that conferences arranged by the White House office resemble revival meetings, and demonstrate government preference for funding religious social service agencies. The lawsuit alleged that the Departments of Education, Labor, Justice, and Health and Human Services have shown preference in funding religious organizations, and that many intermediary groups receiving federal funding do likewise.
The case is the Freedom From Religion Foundation v. Jim Towney, et al., 04 C 03981, U.S. District Court, Western District of Wisconsin, Judge John Shabaz. View News Releases...
U.S. District Court Judge John C. Shabaz, ruled on Nov. 12, 2004, that taxpayers do not have standing to challenge executive branch officials who engage in constitutionally suspect activities funded by general Congressional budget appropriations. Bush created the faith-based initiative by executive order. Shabaz permitted the rest of the lawsuit to continue, which included the Foundation's challenge of federal funding of MentorKids USA and to Emory University "to support faith-based community health programs." (See below)
On March 9, 2005, the Foundation asked the U.S. Court of Appeals for the 7th Circuit to reinstate its legal challenge of the creation of the White House and other federal "faith-based" offices. On Jan. 13, 2006, a 7th Circuit panel, in a 2-1 decision, reinstated the Foundation's challenge, finding that taxpayers have a right under Art. III of the Constitution to sue over a violation of the First Amendment Establishment Clause, even if Congress did not specifically earmark money for the challenged program or activity.
"Taxpayers have standing to challenge an executive-branch program, alleged to promote religion, that is financed by a Congressional appropriation, even if the program was created entirely within the executive branch, as by presidential executive order," wrote Judge Richard A. Posner, joined by Judge Diane P. Wood. Appeals Court Reinstates Case.
The 11-member panel of the U.S. Court of Appeals for the 7th Circuit in Chicago voted 7-4 not to rehear the question of standing in the Freedom From Religion Foundation's federal lawsuit challenging creation of federal faith-based offices. This technical victory for the Foundation allowed the lawsuit to continue. Read the Foundation's news release.
Read the May 3, 2006, opinion.
The Administration appealed the Foundation's right to sue to the highest court. The U.S. Supreme Court, on Dec. 1, 2006, agreed to hear the Bush Administration's appeal of the reinstatement of taxpayer standing for the Foundation plaintiffs. Oral arguments were held on Feb. 28, 2007. At issue was whether the Foundation's taxpayer plaintiffs--co-presidents Dan Barker and Annie Laurie Gaylor, along with FFRF president emerita Anne Nicol Gaylor--have standing to sue over the creation of the faith-based offices. The Foundation notes that two of the three Supreme Court cases on the question of taxpayer standing to sue the executive branch over actions which violate the Establishment clause are in its favor. The case is now titled Hein v. Freedom From Religion Foundation.
Read the news release and pdf files of the Foundation's briefs before both the U.S. 7th Circuit and the U.S. Supreme Court. For full coverage of developments, including press release, oral arguments, photographs, briefs and friend of the court briefs, and other details, read here.
The Supreme Court decision came down on June 25, 2007. Although FFRF lost its right to sue the executive branch over the creation of faith-based offices at the White House and Cabinets in Hein v. FFRF, FFRF did win the plurality opinion, as The Los Angeles Times pointed out. FFRF had 4 justices solidly in our camp, whereas the bloc of 5 Roman Catholic judges against usÑRoberts, Alito, Scalia, Thomas and KennedyÑwas divided. Although Kennedy, the swing vote, defected to the majority on FFRF's right to sue, he refused to vote to outright overturn the precedent of Flast v. Cohen, which permits taxpayers to sue over Congressional actions which violate the separation of church and state. The Hein decision says federal taxpayers do not have the right to challenge executive branch violations not explicitly authorized by the legislative branch. The unjust decision means our country has a constitutional separation between church and state, but no way to enforce it in this and many other instances. The punchy dissent, written by Justice Souter and signed by Justices Ginsburg, Breyer, and Stevens, noted: "If the Executive could accomplish through the exercise of discretion exactly what Congress cannot do through legislation, Establishment Clause protection would melt away." The Establishment Clause is in for a rough ride in the Roberts Court.
Full coverage of Hein v. the Freedom From Religion Foundation.
Emory University Grant. Emory University received a $1.5 million federal grant from Health and Human Service, announced in October 2002, to support faith-based community health programs across the country. Emory's Interfaith Health Program (IHP) disbursed $900,000 of its public grant to nine "religious health conversion" foundations, who in turn were charged with awarding subgrants. The grant application stated that "subawards will be granted to 49 faith-based organizations." At the point of the legal challenge, at least 80% of subgrants had gone to religious agencies.The Emory grant application identified religious goals such as the improvement of "government/FBO collaborations." Emory admitted in correspondence with HHS that "some of the Foundations exercise a preference in their private grant making for competent applications which reflect their own religious heritage." On January 11, 2005 (as the Foundation's attorney was at Emory taking depositions), Shabaz ruled the Foundation had not proved the funding was unconstitutionally favoring religion. In the same decision, Shabaz ruled in favor of the Foundation's challenge of federal funding of MentorKids USA.
MentorKids Funding Unconstitutional. The lawsuit sought a court order to HHS to discontinue funding MentorKids, as well as an order to enjoin HHS from "further disbursement of funding to faith-based mentoring groups until HHS has a demonstrated plan in place to comply with its constitutional obligations." On Nov. 23, 2004, the Foundation filed for summary judgment in its challenge of federal funding of the exclusively Christian group, which works only with churchgoing mentors to "share the good news of who Jesus is and how he can provide a future of hope for anyone," working with children of prisoners.
MentorKids USA was awarded a total of $225,000 in HHS funds for the years 2003-2006. It was originally launched in 1996 by Prison Fellowship Ministries, the Christian ministry founded by Watergate felon Chuck Colson. Its website advertises: "We are a faith-based organization working in partnerships with churches and the local Christian community to enlist, train and support Christian mentors." The group's Statement of Faith includes a "belief in one God, Creator and Lord of the Universe, the Co-Eternal Trinity: Father, Son and Holy Spirit." Mentors must sign the mission statement, which includes the belief that "the Bible is God's authoritative and inspired word that is without error in all its teachings, including creation, history, its origins and salvation, . . ."
On Dec. 15, 2004, HHS suspended "the drawdown of federal funds" to MentorKids USA. HHS ordered the group to submit a "Corrective Action Plan" by Jan. 3, 2005, then asked the court to dismiss the Foundation lawsuit.
On January 11, 2005, the Department of Health and Human Services was ordered for the first time by a court to "vacate" funding of MentorKids. Judge Shabaz found that the federal government failed to "prove there is no reasonable expectation that the wrong will be repeated" and ruled the funding unconstitutional: "federal funds have been used by the MentorKids program to advance religion in violation of the Establishment Clause." The victory was not appealed.
View News Releases: FFRF Sues over MentorKids Funding, HHS Suspends Funding to MentorKids, Landmark Decision: Court Revokes HHS Funding, Challenge of HHS Faith-based Grant to Emory, Federal Court Ruling in MentorKids, Emory.
University of Minnesota Drops Faith/Health Consortium, Course
The University of Minnesota agreed in September 2006 to drop plans to sponsor a "faith health leadership course" after removing itself from a "faith health consortium," in response to a federal lawsuit filed by FFRF on March 25, 2005. The "faith/health leadership program" was to be the centerpiece of the Minnesota Faith Health Consortium and a national model, in which the University of Minnesota would train professionals to be "faith/health leaders," offering devotional, not academic classes for seminary credit at a public university. Read press release.
FFRF Sues New Mexico Over Prison Ministry
A state-funded fundamentalist Christian prison ministry program ("God pod") in a women's prison in Grants, N.M., was challenged in federal court by the Freedom From Religion Foundation on Nov. 7, 2005. New Mexico contracts with Corrections Corporation of America, also named as a defendant, which is the nation's largest private provider of prison services. CCA partners with the Chicago-based Institute in Basic Life Principles, a fundamentalist Christian ministry run by Christian reconstructionist Bill Gothard "for the purpose of introducing people to the Lord Jesus Christ." Women prisoners are given proselytizing workbooks training them to "submit" to male authority. CCA plans to "franchise" the Christian program in prisons. Read press release.
One of the first casualties of Hein v. FFRF was FFRF's strong lawsuit against the State of New Mexico for establishing an outrageous Christian dominionist "God pod" in a women's prison in Grants, N.M. FFRF withdrew the lawsuit in July 2007, after the judge said he would rule against the right of FFRF's state taxpayers to sue. FFRF hopes to challenge religion programs funded by tax dollars in prisons with prisoner plaintiffs in the future.
Details on Unconstitutional "Faith Pod"
FFRF Lawsuit Halts Congressional Subsidy of Alaska Christian College
Federal funds of $435,000 earmarked for Alaska Christian College, as well as remaining funds from a previous federal grant, were suspended on Oct. 7, 2005, by the U.S. Department of Education, as a result of a federal lawsuit filed by the Freedom From Religion Foundation.
The Foundation challenge of public funding of the unaccredited bible college, with only 31 students and run by the Evangelical Covenant Church of Alaska, was filed on April 21, 2005, in U.S. District Court, Western District of Wisconsin. The "Christ-centered" school offers no academic classes. Students receive a bible certificate at the end of the year. After investigating, the Department of Education agreed to suspend the grant, thus saving taxpayers nearly half a million dollars. Read press release.
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, Tennessee) 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...
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, Wisconsin, 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.
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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.
FFRF Wins Montana Faith-based Challenge
The Freedom From Religion Foundation filed a federal lawsuit in April 2003 challenging the funding and merger of two Montana state offices with the "Montana Faith-Health Cooperative."
The Foundation and three Montana Foundation members are suing the Montana Office of Rural Health, its executive director David M. Young, the Montana State University-Bozeman, and the Montana Faith-Health Cooperative. The "faith-health cooperative" is in the same office as the Montana Office of Rural Health and the Montana State University-Bozeman.
Young, who is on the steering committee of the "faith-health cooperative," shares management of the cooperative with the Executive Director of the Montana Association of Churches.
State and federal taxpayers are subsidizing the activities of the faith-health cooperative, the lawsuit charges. The Montana Office of Rural Health, as part of the Montana State University-Bozeman educational website, hosts, copyrights and owns the cooperative's website. "The mission of the Montana Faith-Health Cooperative is to foster and promote holistic health care, including an emphasis on the spiritual aspect of human beings," the Foundation complaint charges, promoting "the importance and power of faith as part of public health care initiatives." The case is Freedom From Religion Foundation et. al. v. Montana Office of Rural Health (CV-03-30-BU-RWA). View Article...
FFRF won the lawsuit in October 2004. View Decision...
FFRF Wins First Faith-based Challenge
The Freedom From Religion Foundation took and won the fully adjudicated federal lawsuit challenging direct funding of a faith-based agency in 2002. The Foundation challenged the government funding of Faith Works, a Milwaukee group dedicated to bringing "homeless addicts to Christ." As a presidential candidate, George W. Bush visited Faith Works and announced Faith Works was a prototype of the kind of religious agency he would funnel billions of tax dollars to. The Foundation's victory ensuring no more direct funding of Faith Works was not appealed, and set significant national precedent. The case is Freedom From Religion Foundation v. McCallum (00 C 0617 C). View News Release...
Direct Funds to Parochial Schools Unconstitutional
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. Buzzer No. 99-2850. View Article...
Post to "Assist Clergy" Unconstitutional
Dan Barker, Annie Laurie Gaylor, Anne Gaylor, Rev. Charles Wolfe
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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...
Jesus Statue in Public Park Sold, Fenced
Jesus Statue in Park, before lawsuit
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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...
Jesus statue in park, after lawsuit
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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.
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...
Good Friday State Holiday Unconstitutional
U.S. District Judge John Shabaz ruled on February 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...
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