A M E R I C A N A T H E I S T S #996 ~~~~~~~~~~~~~~~ 1/9/02 http://www.atheists.org http://www.americanatheist.org http://www.atheistviewpoint.tv ftp.atheists.org/pub/atheists
A Service of AMERICAN ATHEISTS "Leading The Way For Atheist Civil Rights And The Separation Of Church And State"
In This Issue... * Sneaking Commandments display around the Constitution * Utah Director on radio tomorrow to discuss religious sloganeering * Court strikes down Wisconsin faith-based program * American Atheists Speakers Bureau -- for your next meeting * Resources * About this list...
CITY PROPOSES STATUES TO PRESERVE COMMANDMENTS MONUMENT: ANOTHER END-RUN AROUND THE FIRST AMENDMENT?
The City of Elkhart, Indiana is hoping to keep a monument of the Ten Commandments on public property by adding more statuary and documents, and renaming the area in front of its city hall "Freedom Walk."
Plaintiffs, including American Atheists State Director Mike Suetkamp, challenged the 6-foot granite display located outside the Elkhart City Hall. With the help of the state CLU, the case wound its way through federal courts. An August 1998 ruling by U.S. District Magistrate Theresa Springman found that the monument violated the First Amendment separation of church and state. The city appealed, and a U.S. District Court Judge reversed the decision a year later. Then the U.S. Circuit Court took the case, ruling that the commandments display was an unconstitutional endorsement of religion by the government.
In March, 2001, the American Center for Law and Justice, a religious advocacy group founded by televangelist Pat Robertson, entered the fray on behalf of Elkhart. The U.S. Supreme Court, however, declined to hear the appeal, thus permitting the lower court ruling to take effect. That meant that both sides in the dispute had to arrive at a workable solution. Rather than remove the monument, however, the City filed its compromise proposal in December in U.S. District Court.
According to the South Bend Tribune newspaper, documents reflect that the city now wishes to include four more stone cenotaphs in addition to the existing Commandments statuary as examples of "American law and democracy." The new displays will include excerpts from the Magna Carta, the Declaration of Independence, the Constitution and the Bill of Rights. City attorney Vlado Vranjes said that the new project would render the area a "historical display."
"We think it dilutes the religious nature of the Ten Commandments monument," he told the Tribune. "It shows our history and the foundational background of our legal system."
It Started With Religion & The Movies
Attempting to "dilute" the religious aspect of the Mosaic code, however, may prove to be a daunting task. The Commandments monument was presented to the city in 1958 as part of a scheme devised by Minnesota juvenile court judge E.J. Ruegemer and Hollywood movie mogul Cecil B. DeMille. Ruegemer was "Disenchanted by the growing number of youths in trouble," according to court documents, and launched a campaign to display paper copies of the Ten Commandments in courtrooms and schools. He approached the Fraternal Order of Eagles, which initially rejected the suggestion fearing that "the program might seem coercive or sectarian."
An inter-faith committee then devised 10 re-written commandments in hopes that no one would find them offensive or blasphemous. The Eagles endorsed the program, but the effort to promote the Decalogue took on a new twist when movie producer Cecil B DeMille seized upon a scheme to promote his blockbuster production, "The Ten Commandments." Ruegemer's scheme now had big-name draw and the support of a major American fraternal group. The FOE groups across the nation soon were "donating" Commandments monuments to cities and states.
Government Encouraging Religion, Commandments Display
Public display of the Ten Commandments in public school classrooms, government buildings and civic plazas has become a major agenda item for numerous religious right organizations, as well as political leaders. In 1999, the U.S. House of Representatives passed a "Ten Commandments Defense Act" by a 248-180 roll call vote. The bill was defended by its author, Alabama Rep. Robert Adherolt, as a way of demonstrating that America was supposedly "founded upon Judeo Christian principles."
Indiana legislators passed their own religion-friendly measure in February, 2000. It permitted schools, local government and courts to display the Ten Commandments despite the fact that the practice had been ruled unconstitutional in the 1980 U.S. Supreme Court ruling in STONE v. GRAHAM.
Organizations like the Washington, DC-based Family Research Council have embarked on campaigns to encourage Commandments display. The unconstitutional monuments continue to be challenged, though, by civil libertarians and state-church separationists who argue that they promote religious belief.
"With Enough Candy Canes (Or Statues)..."
The strategy of "diluting" the religious statement made by the presence of the Commandments on public property has been one way of keeping the Decalogue in the public eye -- for now, anyway.
In Grand Junction, Colorado, the city recently completed its "Cornerstones of Law & Liberty Plaza" outside the city hall. That project still remains under legal challenge from five area residents who filed suit to stop construction. Last June, US. District Court Judge Wiley Y. Daniel turned down a motion for injunction. Although the monument is now complete, the judge is expected to hear new arguments against the project this week.
Federal courts in different circuits have issued contradictory rulings concerning the display of the Ten Commandments on government property. In some cases, courts have approved the presence of the Decalogue if it is part of a larger display which includes secular and historical documents.
"It's become a real problem," says American Atheists President Ellen Johnson. She points to similar cases involving religious displays on public property during the Christmas holiday season.
"Courts have issued what amount to 'instruction manuals' on how religious groups can erect nativity creches, Hanukkah candles and other sectarian symbols in the public square, just by 'secularizing' the scene with plastic candy canes and Santa Claus."
Johnson added that some courts seem to go to extraordinary lengths in order to find some rationale to keep the religious display present.
"They talk about the centrality of a nativity scene, or whether there are enough candy canes and reindeer to 'dilute' or 'balance' the religious component. They appear to be bending over backwards to find a legal end-run around the constitutional prohibition on establishing religion and religious belief."
Johnson predicted that similar ploys will be used by courts to permit display of the Commandments on public property.
Disputes continue throughout the nation as religious special interest groups continue with their "Hang Ten" campaign. In Arizona, American Atheists State Director Money Gaither and the local Arizona Atheists have asked the state to remove a Ten Commandments monument located across from the capitol building in Phoenix. Efforts are under way to have school districts in several states display the Commandments or post religious mottoes in classrooms.
For further information:
http://www.atheists.org/flash.line/tenco21.htm (Atheist Director wins as federal court strikes Ten Commandments monument," 12/14/00)
http://www.atheists.org/in (Office of the Indiana State Director, American Atheists)
http://www.atheists.org/flash.line/tenco20.htm ("Judge orders removal of Indiana Ten Commandments display," 11/19/00)
http://www.atheists.org/flash.line/tenco22.htm ("Supreme court declines appeal in Ten Commandments case," 5/29/01)
http://www.atheists.org/flash.line/tenco23.htm ("North Carolina lawmakers approve Ten Commandments bill," 7/30/01)
http://www.atheists.org/flash.line/tenco24.htm ("Arizona Atheists challenging Ten Commandments monument," 8/5/01)
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UTAH AA DIRECTOR TO DISCUSS RELIGIOUS SLOGANEERING IN SCHOOLS Tomorrow, Thursday, January 10 on the Tom Barberi Show
Mike Rivers, Utah State Director for American Atheists will be on the air tomorrow (Thursday, January 10) to discuss a bill which would require schools to post "In God We Trust" in all Utah public school classrooms, hallways and cafeterias. The program is hosted by Tom Barberi and will be carried on KALL-AM radio, 910 on the dial beginning at or around 8:10 AM.
WHAT: Mike Rivers, American Atheists Utah State Director, on the air.
WHEN: Thursday, January 10, 2002 approx. 8:10 AM
WHERE: Salt Lake City, Utah, KALL, The Tom Barberi Show on KALL-AM 910 on the dial
MORE INFO: http://www.atheists.org/ut
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DISTRICT COURT ORDERS END TO STATE FUNDING OF FAITH-BASED PROGRAM Wisconsin "Faith Works" Received More Than $600,000 in Tax Money
U.S. District Judge Barbara Crabb ruled Tuesday that the Wisconsin Department of Workforce Development must end subsidies to a Milwaukee religious social outreach aimed an evangelizing recovering addicts.
The Milwaukee-based group, Faith Works was praised by George Bush during his presidential campaign in 2000 as an example of why government should fund religion-based social programs.
"The intent is to help people and to recognized that a faith-based program will help people," Bush declared during a visit to Faith Works in July, 2000. "I am confident that we can maintain separation of church and state."
The program's emphasis on religion, though, violated the constitutional requirement of state-church separation ruled Judge Crabb. In her 68-page decision, she also denied that her action affected the federal "charitable choice" programs which open government grants to religious organizations.
The program was challenged by the Madison-based Freedom From Religion Foundation, which argued that tax money was being used to inculcate clients in the Christian faith. Crabb ruled that two "streams" of money which facilitated counselors for Faith Works indoctrinating program recipients in religious creeds were unconstitutional. Other parts of the decision note:
* The tax funded program included four aspects, "recovery; employment;family services; and spiritual enrichment."
* Staff members, who usually worked 40 hours per week, spent about 20% of that time "addressing questions of faith or spirituality."
* "Commitment to Christian beliefs and values is a hiring condition for counseling staff," and church attendance was "expected." In addition, "Faith Works staff counsel participants to develop a personal relationship with God."
* A statement of Standards of Practice for the program noted: "We are a Christian faith-based treatment center. This means all staff is to serve as Jesus served ... We are serving the Lord in an evangelistic outreach and will respect the Holy Spirit's ability to work in person's life whether staff or resident. We need to be mature in our faith and work habits in order to be truly able to be witnesses to the Lord and His Grace."
* Activities in the client-side of the program included a daily schedule with a chapel service after breakfast, prayer, and "step" meetings.
* "Faith Works promotes spirituality as the basis of the program's success, along with the extended length of the program ... recovery is accomplished when participants address their spirituality."
* The staff training program required that counselors "(grow) in (their) own faith life by regular church attendance, prayer, Bible study and seeking Spiritual direction from a Pastor/Shepard in our faith community."
* Did the program pressure clients to change beliefs in respect to religious faith? A "charitable choice" program in Texas is under legal challenge for doing so. And Judge Crabb noted that according to Faith Work's former executive director, "the majority of Faith Works clients are not in a practicing faith when they enter the program but most graduates have some sort of relationship with God when they leave ... discussion about spiritual matters occurs during mandatory meetings..."
Follow The Money
While Faith Works received money for start-up and operational costs from private sources, it also benefited from public money through the Wisconsin Works, or "W-2" program. Faith Works has "service contracts" with the four regional W-2 agencies, as well as the Wisconsin Department of Corrections.
While advocates of charitable choice insist that they only want religious groups to be able to "bid" and compete for contract money from government, that was not always the case with Faith Works. The Department of Corrections "did not follow the competitive bid process" when considering a request from Faith Works, but rather deemed the group's services to be "unique." Former Gov. Tommy Thompson, now the head of the U.S. Department of Health and Human Services, signed the necessary waiver documents in November, 1999, and as a result Faith Works received nearly $50,000 in one grant alone.
In addition, a Faith Works proposal noted that the outreach "Plan(s) to recruit the neighborhood churches to help lead Bible Studies and workshop services." While this aspect of the program was presumably voluntary for clients, participation in 12 programs was "mandatory."
State officials worked to funnel public from the governor's discretionary funds. In 1998, for instance, Faith Works received $150,000 from this account, and $450,000 the following year.
Violating The Constitution
In her decision, Judge Crabb noted that many aspects of the Faith Works regimen amounted to sponsorship of religious activities -- Bible study, prayer and chapel services, and even the 12 step program. In addition, the outreach relied exclusively on Christian counselors. These and other factors render the program religious and sectarian.
"I conclude that the Faith Works program indoctrinates its participants in religion, primarily through its counselors, Crabb wrote. "Simply because a state-funded program engaged in indoctrination does not mean that the program's funding is unconstitutional. To determine whether the religious activities of Faith Works constitute governmental indoctrination, it must be determined whether the activities are supported by unrestricted, direct state funding..."
Unfortunately, the District Court's ruling does not direct affect the federal faith-based initiative, or even the 'charitable choice" portion of the 1996 Welfare Reform Act. Nor did Judge Crabb rule on the constitutionality of funding from the Department of Corrections -- the object of perhaps future litigation.
For further information:
http://www.atheists.org/flash.line/faithlob.htm (Background, news on the faith-based initiative)
http://pacer.wiwd.uscourts.gov/bcgi-bin/opinions/district_opinions/C/00/00-C -617-C-01-07-02.pdf (Ruling in "Freedom From Religion Foundation v. McCallum)
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For your next Freethought gathering...
THE AMERICAN ATHEIST SPEAKERS BUREAU
Looking for a qualified professional to talk at your next Atheist, Freethought or Humanist meeting? The American Atheists Speakers Bureau provides outstanding lecturers on a range of topics of interest to nonbeliever groups and other organizations. Whether it is a debate or presentation format, our Speakers Bureau can help to make your organization's next meeting an exciting and informative event.
For information on fees, topics of interest and a list of speakers, visit http://www.atheists.org/visitors.center/speakers.html
**
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