Theocrats Preaching to the Oklahoma Choir
countered by
Argument for the Saner Side of Secular Government
from OKC chapter of
Americans United for the Separation of Church and State
Readers,
This week's edition of the Oklahoma Gazette has a cover story about last weekend's gathering of the Reclaiming America for Christ movement headed by Paul Blair, colleague of GOPer Rep. Sally Kern.
The writer of the Gazette story, Greg Horton, asks the rhetorical question why preach to the choir in Oklahoma, the seventh most religious state in the union.
You'll have to read the rich reply given by Blair at this link: http://tinyurl.com/28htbuy
An argument for the saner side of secular government was made by Mike Fuller, president of the Oklahoma chapter of Americans United for the Separation of Church and State. ( www.okau.org )
Mr. Fuller had this to say: "...groups like Reclaiming Oklahoma are troubling because [Fuller] believes "they want to establish a theocratic form of government.”
“And not just any theocracy,” Fuller said, “a Christian theocracy. The Founding Fathers were keenly aware that true religious liberty can be achieved and protected only when the government remains neutral on religious matters.”
I would like to know if IRS tax regulations were violated as the Gazette story claims Blair's Reclaiming organization was sponsor of the "Rally for Sally" held earlier this summer in the Warr Acres (Oklahoma) Community Center. The "Sally" in question is GOPer Rep. Sally Kern who is running for re-election against Demo opponent Brittany Novotny.
Remember, Paul Blair is already challenging IRS tax regulations as he has openly endorsed political candidates from his pulpit at Fairview Baptist Church in Edmond in October of 2008 endorsing the GOPer presidential ticket. ( http://www.firstamendmentcenter.org/news.aspx?id=20641 or http://tinyurl.com/358fla4 )
Blair has also protested the passage of the Matthew Shepard/James Byrd Hate Crimes Law in November of 2009 claiming the law violates his ability to preach about the sin and salvation of gays and lesbians in America. ( http://www.rightwingwatch.org/category/individuals/paul-blair or http://tinyurl.com/37a3pjv )
Americans United For Separation of Church and State (AU) is a nonpartisan educational organization dedicated to preserving the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans. Americans United represents over 70,000 individual members and 5,000 churches and other houses of worship nationwide.
Wednesday, July 14, 2010
Tuesday, July 13, 2010
Watchdog Group Had Filed Court Brief In Texas Case To Support Religious Freedom
July 12, 2010
A federal appeals court was right to rule that a Native American student in Texas may wear his hair long for religious reasons, says Americans United for Separation of Church and State.
The 5th U.S. Circuit Court of Appeals ruled Friday in favor of Adriel Arocha, an elementary school student. Arocha and his family had challenged a grooming policy at the Needville Independent School District that bans long hair for male students.
The Needville school district’s policy does not allow boys to wear their hair past their collars or over their eyes. School officials met with Adriel’s family but refused to grant them a religiously based exemption to the policy.
The appeals court agreed with the family. In a 2-1 ruling, it held that the school’s policy violates the Texas Religious Freedom Restoration Act, a state law ensuring religious liberty.
“As the district court found, [Adriel] has already recognized that he has been treated differently because of his hair,” the court held. “And, given that [Adriel] understands that his hair is part of the practice and expression of his Native American beliefs, the obvious lesson is that he is being treated differently because of his religion. This recognition risks feelings of shame and resentment, a risk that, while real now, will continue to grow.”
Americans United and the Anti-Defamation League filed a friend-of-the-court brief in A.A. v. Needville Independent School District, urging the court to rule in the boy’s favor. The brief was drafted by attorneys David Gossett and Maria Glover of the Mayer Brown law firm with input from AU Legal Director Ayesha N. Khan and AU Assistant Legal Director Richard B. Katskee.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
Court ruling in PDF available here:
http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-20091-CV0.wpd.pdf
A federal appeals court was right to rule that a Native American student in Texas may wear his hair long for religious reasons, says Americans United for Separation of Church and State.
The 5th U.S. Circuit Court of Appeals ruled Friday in favor of Adriel Arocha, an elementary school student. Arocha and his family had challenged a grooming policy at the Needville Independent School District that bans long hair for male students.
“This boy wants to follow the teachings of his faith while attending school, and he should be able to do so,” said the Rev. Barry W. Lynn, Americans United executive director. “Public schools must never sponsor religious activities, but at the same time, they are obligated to allow voluntary student religious expression that doesn’t interfere with the rights of others.”
The Needville school district’s policy does not allow boys to wear their hair past their collars or over their eyes. School officials met with Adriel’s family but refused to grant them a religiously based exemption to the policy.
The appeals court agreed with the family. In a 2-1 ruling, it held that the school’s policy violates the Texas Religious Freedom Restoration Act, a state law ensuring religious liberty.
“As the district court found, [Adriel] has already recognized that he has been treated differently because of his hair,” the court held. “And, given that [Adriel] understands that his hair is part of the practice and expression of his Native American beliefs, the obvious lesson is that he is being treated differently because of his religion. This recognition risks feelings of shame and resentment, a risk that, while real now, will continue to grow.”
Americans United and the Anti-Defamation League filed a friend-of-the-court brief in A.A. v. Needville Independent School District, urging the court to rule in the boy’s favor. The brief was drafted by attorneys David Gossett and Maria Glover of the Mayer Brown law firm with input from AU Legal Director Ayesha N. Khan and AU Assistant Legal Director Richard B. Katskee.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
Court ruling in PDF available here:
http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-20091-CV0.wpd.pdf
Calif. Community College Should Not Impose Religion at Public Events, Americans United Tells Appeals Court
Watchdog Group Asks Court To Protect Religious Liberty Rights Of All Students And Faculty In Orange County Community College District
Americans United for Separation of Church and State has asked a federal appeals court to stop a Southern California community college from proselytizing and imposing prayers at public events.
The legal action comes in a lawsuit filed last year by Americans United on behalf of several students and faculty. At issue is the South Orange County Community College District’s practice of including prayer and other religious content in its events.
“Officials at these public schools are forcing religion on students, faculty and staff,” said the Rev. Barry W. Lynn, executive director of Americans United. “Their actions are unconstitutional and insensitive, and it’s time for this to stop.”
Plaintiffs assert that school officials routinely sponsor official invocations at events for students and faculty at Saddleback College in Mission Viejo, including scholarship-award ceremonies, commencements and training programs for faculty.
AU filed the lawsuit in November of 2009. In May, a federal district court denied AU’s motion for a preliminary injunction, saying the request was too broad – although the court conceded that some of the district’s actions might be unconstitutional.
In a legal document filed yesterday, AU asks the 9th U.S. Circuit Court of Appeals to overturn that ruling.
“Unless this Court intercedes, students and faculty will continue to be subjected to religiously divisive messages as the price for partaking of college life,” asserts the filing.
The Westphal v. Wagner lawsuit notes that students and faculty members have protested the mandatory prayers many times over several years. The student government of Saddleback College has twice passed resolutions opposing the prayer practice, and similar resolutions have been passed by the faculty’s Academic Senate of Saddleback College, the Academic Senate of Irvine Valley College, the statewide Academic Senate for California Community Colleges and the South Orange County Community College District Faculty Association.
Officials ignored the complaints and, in response, actually increased the religious content of these public events, attacking religious minorities and nonbelievers.
In August of 2009, Saddleback officials showed a video titled “God Bless the USA” during a faculty training session. The video included religious images and closed with two pictures of military personnel carrying a flag-draped coffin. Superimposed on those images was the following text: “Only two defining forces have ever offered to die for you. Jesus Christ and the American G.I. One died for your soul, the other died for your freedom.”
Making matters worse, attendance at some of these events is mandatory. For example, students who are awarded scholarships must attend a public ceremony or forfeit the financial aid.
Plaintiffs in the lawsuit are: Karla Westphal, Alannah Rosenberg, Margot Lovett and Claire Cesareo-Silva, all professors at Saddleback College; Roy Bauer, a professor at Irvine Valley College; Ashley Mockett, a former student at Saddleback and two current Saddleback students who have chosen to remain anonymous.
The litigation is being conducted by AU Legal Director Ayesha N. Khan, AU Assistant Legal Director Richard B. Katskee and AU Madison Fellow Jef Klazen, as well as Christopher P. Murphy of Mayer Brown LLP in Los Angeles.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
http://www.au.org/media/press-releases/archives/2010/07/calif-community-college.html
Americans United for Separation of Church and State has asked a federal appeals court to stop a Southern California community college from proselytizing and imposing prayers at public events.
The legal action comes in a lawsuit filed last year by Americans United on behalf of several students and faculty. At issue is the South Orange County Community College District’s practice of including prayer and other religious content in its events.
“Officials at these public schools are forcing religion on students, faculty and staff,” said the Rev. Barry W. Lynn, executive director of Americans United. “Their actions are unconstitutional and insensitive, and it’s time for this to stop.”
Plaintiffs assert that school officials routinely sponsor official invocations at events for students and faculty at Saddleback College in Mission Viejo, including scholarship-award ceremonies, commencements and training programs for faculty.
AU filed the lawsuit in November of 2009. In May, a federal district court denied AU’s motion for a preliminary injunction, saying the request was too broad – although the court conceded that some of the district’s actions might be unconstitutional.
In a legal document filed yesterday, AU asks the 9th U.S. Circuit Court of Appeals to overturn that ruling.
Document PDF can be seen here: http://www.au.org/media/press-releases/archives/2010/07/westphal-opening-appeal-brief.pdf
“Unless this Court intercedes, students and faculty will continue to be subjected to religiously divisive messages as the price for partaking of college life,” asserts the filing.
The Westphal v. Wagner lawsuit notes that students and faculty members have protested the mandatory prayers many times over several years. The student government of Saddleback College has twice passed resolutions opposing the prayer practice, and similar resolutions have been passed by the faculty’s Academic Senate of Saddleback College, the Academic Senate of Irvine Valley College, the statewide Academic Senate for California Community Colleges and the South Orange County Community College District Faculty Association.
Officials ignored the complaints and, in response, actually increased the religious content of these public events, attacking religious minorities and nonbelievers.
In August of 2009, Saddleback officials showed a video titled “God Bless the USA” during a faculty training session. The video included religious images and closed with two pictures of military personnel carrying a flag-draped coffin. Superimposed on those images was the following text: “Only two defining forces have ever offered to die for you. Jesus Christ and the American G.I. One died for your soul, the other died for your freedom.”
Making matters worse, attendance at some of these events is mandatory. For example, students who are awarded scholarships must attend a public ceremony or forfeit the financial aid.
Plaintiffs in the lawsuit are: Karla Westphal, Alannah Rosenberg, Margot Lovett and Claire Cesareo-Silva, all professors at Saddleback College; Roy Bauer, a professor at Irvine Valley College; Ashley Mockett, a former student at Saddleback and two current Saddleback students who have chosen to remain anonymous.
The litigation is being conducted by AU Legal Director Ayesha N. Khan, AU Assistant Legal Director Richard B. Katskee and AU Madison Fellow Jef Klazen, as well as Christopher P. Murphy of Mayer Brown LLP in Los Angeles.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
http://www.au.org/media/press-releases/archives/2010/07/calif-community-college.html
Monday, July 5, 2010
Tension continues between freedom and governmental imposition of specific religious beliefs and practices
Library of Congress: original of Jefferson's Danbury Letter
Who would have thought that in 2010, that fight would now expand to ensuring Thomas Jefferson’s own place in the history of our independence?
Click here for an interesting display of Jefferson's working draft of the Declaration of Independence and the Danbury “Wall of Separation” letter:
Happy Independence Dayhttp://tinyurl.com/3a3zbkr
Wednesday, June 30, 2010
Copenhagen Declaration on Religion in Public Life
Copenhagen Declaration on Religion in Public Life

June, 2010
http://atheistconvention.eu/wp-content/uploads/2010/06/Copenhagen_Declaration.pdf
or http://tinyurl.com/26nfnpe
June, 2010
http://atheistconvention.eu/wp-content/uploads/2010/06/Copenhagen_Declaration.pdf
or http://tinyurl.com/26nfnpe
Sectarian Prayer At Delaware School Board Meetings Violates Church-State Separation, Groups Tell Appeals Court
June 29, 2010
Indian River School District’s Christian Invocations Violate Constitution, Civil Liberties And Religious Organizations Say
A Delaware school board’s practice of opening its meetings with Christian prayers violates the constitutional separation of church and state, seven religious and civil liberties groups have told a federal appeals court.
A friend-of-the-court brief filed with the 3rd U.S. Circuit of Appeals yesterday says a federal district judge got it wrong when he ruled in favor of sectarian invocations before meetings of the Indian River School District’s board.
Groups signing the brief include Americans United for Separation of Church and State, the American Civil Liberties Union, the ACLU of Delaware, People For the American Way Foundation, the American Jewish Committee, the Union for Reform Judaism and the Hindu American Foundation.
The Rev. Barry W. Lynn, Americans United executive director, said public school boards have a responsibility to obey the Constitution and respect diversity.
“Public school boards,” said Lynn, “serve students of many different faiths and some with no religious affiliation at all. School board meetings, which are often attended by students, should not feature invocations that leave some students out.”
A federal district court upheld the school board’s prayer policy, noting that the Supreme Court in its 1983 Marsh v. Chambers decision allowed Congress and state legislatures to open their meetings with prayer.
But the seven organizations said the Marsh ruling does not apply to school boards. Public schools serve impressionable children, the groups say, and the high court has repeatedly barred school-sponsored efforts to pressure students to pray.
Even if Marsh did apply to school boards, the brief argues, the Indian River school board policy would still be unconstitutional because the prayers are sectarian. The high court’s 1983 decision focused on nonsectarian invocations before the Nebraska legislature.
The friend-of-the-court brief in Doe v. Indian River School District was written by Americans United Legal Director Ayesha N. Khan and attorney Michael A. Blank, in consultation with Dan Mach and Heather Weaver of the ACLU.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
friend-of-the-court letter in pdf file:
http://www.au.org/media/press-releases/archives/2010/06/doe-v-indian-river-amicus.pdf
complete at: http://www.au.org/media/press-releases/archives/2010/06/sectarian-prayer-at-delaware.html
Monday, June 28, 2010
Americans United Applauds Supreme Court Ruling Against Discriminatory Religious Club At Law School
June 28, 2010
Americans United for Separation of Church and State praised today’s Supreme Court ruling upholding a policy at Hastings College of the Law that prohibits school-subsidized student clubs from engaging in religious discrimination.
The case concerns a student chapter of the Christian Legal Society (CLS) at Hastings, a division of the University of California. The club sued the San Francisco school after it was denied official university recognition and funding.
Hastings administrators said the CLS chapter violated school policies by denying membership and officer positions to non-Christians, gays and others who run afoul of CLS’s faith statement. (Although the club was denied official recognition and access to student activity fees, it was still permitted to meet on campus and advertise its events.)
In a 5-4 ruling, the Supreme Court held that Hastings is within its rights to apply a non-discrimination policy to the Christian Legal Society.
“Simply stated, the Christian Legal Society sought to ignore rules that every other group complied with,” Lynn said. “The organization sought preferential treatment simply because it is religious. I’m pleased the court said no to that.”
AU filed a friend-of-the-court brief in the Christian Legal Society v. Martinez case along with the American Jewish Committee and the Religious Action Center of Reform Judaism, asking the high court to rule against discrimination.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
pdf file SCOTUS ruling: http://www.au.org/media/press-releases/archives/2010/06/2010-6-28-supreme-court.pdf
pdf file AU amicus brief: http://www.au.org/media/press-releases/archives/2010/03/amicus-brief-in-christian.pdf
http://www.au.org/media/press-releases/archives/2010/06/au-applauds-supreme-court.html
Church-State Watchdog Group Says High Court Was Right To Rule Against Christian Legal Society Affiliate
Americans United for Separation of Church and State praised today’s Supreme Court ruling upholding a policy at Hastings College of the Law that prohibits school-subsidized student clubs from engaging in religious discrimination.
“This decision is a huge step forward for fundamental fairness and equal treatment,” said the Rev. Barry W. Lynn, executive director of Americans United.
Continued Lynn, “Religious discrimination is wrong, and a public school should be able to take steps to eradicate it. Today’s court ruling makes it easier for colleges and universities to do that.”
The case concerns a student chapter of the Christian Legal Society (CLS) at Hastings, a division of the University of California. The club sued the San Francisco school after it was denied official university recognition and funding.
Hastings administrators said the CLS chapter violated school policies by denying membership and officer positions to non-Christians, gays and others who run afoul of CLS’s faith statement. (Although the club was denied official recognition and access to student activity fees, it was still permitted to meet on campus and advertise its events.)
In a 5-4 ruling, the Supreme Court held that Hastings is within its rights to apply a non-discrimination policy to the Christian Legal Society.
“Simply stated, the Christian Legal Society sought to ignore rules that every other group complied with,” Lynn said. “The organization sought preferential treatment simply because it is religious. I’m pleased the court said no to that.”
AU filed a friend-of-the-court brief in the Christian Legal Society v. Martinez case along with the American Jewish Committee and the Religious Action Center of Reform Judaism, asking the high court to rule against discrimination.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
pdf file SCOTUS ruling: http://www.au.org/media/press-releases/archives/2010/06/2010-6-28-supreme-court.pdf
pdf file AU amicus brief: http://www.au.org/media/press-releases/archives/2010/03/amicus-brief-in-christian.pdf
http://www.au.org/media/press-releases/archives/2010/06/au-applauds-supreme-court.html
Wednesday, June 23, 2010
Americans United Urges Senate Panel To Question Kagan On Church-State Views
June 23, 2010
Watchdog Group Expresses Concern About Kagan’s Record On Religious Liberty And Civil Rights, As Well As Funding Of Religion
Americans United for Separation of Church and State today urged the Senate Judiciary Committee to question Supreme Court nominee Elena Kagan about her views on crucial religious liberty issues.
In a letter to Committee Chairman Sen. Patrick Leahy and ranking minority member Sen. Jeff Sessions, Americans United asked senators to question Kagan about specific records stemming from her service in the Clinton administration and her testimony to the Senate during her confirmation hearing as solicitor general.
Read the letter in PDF at this link: http://www.au.org/media/press-releases/archives/2010/06/sjc-au-letter-re-kagan.pdf
Kagan, AU insisted, should be asked whether religious liberty claims outweigh civil rights protections and under what circumstances government can fund religious groups.
The Rev. Barry W. Lynn, Americans United executive director, said he hopes the committee accepts its responsibility to question Kagan on her church-state perspective.
“It is imperative,” said Lynn, “that senators ask Kagan about her stance on religious liberty. We have carefully researched her record, and there are issues that raise concern. I think she should have the opportunity to clarify exactly what her views are.
“Religious liberty should not be used as a sword to override civil rights laws that protect all Americans,” Lynn continued, “and the government should not use taxpayer dollars to fund religion. That’s what the Constitution mandates, and I hope Kagan shares that perspective.”
Confirmation hearings for Kagan are scheduled to begin on Monday.
AU pointed to specific incidents from Kagan’s record:
■In August 1996, while working for the White House, Kagan expressed dismay about a California Supreme Court decision that required a landlord to rent an apartment to an unmarried couple – in accordance with California civil rights law – in spite of the landlord’s religious objections. Kagan said the court’s decision to say that the civil rights law did not substantially burden the landlord’s religion was “quite outrageous” and encouraged administration intervention.
■In May 1999, Kagan advised Vice President Al Gore’s staff not to mention the Religious Freedom Restoration Act in a speech, because this law and a follow-on bill in Congress had sparked conflict between religious liberty advocates and the LGBT community. Kagan said she was the “biggest fan of [the measure] in the building” but insisted that mention of the bill could cause political problems and explained that the White House was trying to seek some kind of agreement between the communities.
■In 1995, Congress passed a major welfare reform bill that included “charitable choice” provisions inviting religious groups to offer publicly funded social services with fewer constitutional and civil rights safeguards. The Department of Justice wanted to add a provision barring funding of “pervasively sectarian” organizations as part of a technical corrections package. Kagan wrote in a memo that the Justice proposal didn’t make it into the package and the Department of Health and Human Services “isn’t arguing. Neither am I.”
■In 1997, Kagan commented on a Clinton proposal to subsidize volunteers working with religious groups. In her memo, she acknowledged that the legislation could at “the very least” include partnerships with programs that are not pervasively sectarian, but that she would like to find legislative language that “stretches the envelope still further.”
■As a clerk for Supreme Court Justice Thurgood Marshall in 1987, Kagan wrote a memo about government funding for religious groups to offer instruction about adolescent sexuality and pregnancy. She asserted that “when the government funding is to be used for projects so close to the central concerns of religion, all religious organizations should be off limits.” Yet when asked about that memorandum during the 2009 Senate Judiciary Committee hearing on her nomination to be solicitor general of the United States, Kagan described the rationale in her memorandum as “the dumbest thing I’ve ever read.” She later said the memo was “deeply mistaken” and “utterly wrong.” She noted, however, that “the use of a grant in a particular way by a particular religious organization might constitute a violation” if the funds were used to fund “specifically religious activity.”
Concluded AU’s Lynn,
http://www.au.org/media/press-releases/archives/2010/06/senate-panel-should-question.html
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
Watchdog Group Expresses Concern About Kagan’s Record On Religious Liberty And Civil Rights, As Well As Funding Of Religion
Americans United for Separation of Church and State today urged the Senate Judiciary Committee to question Supreme Court nominee Elena Kagan about her views on crucial religious liberty issues.
In a letter to Committee Chairman Sen. Patrick Leahy and ranking minority member Sen. Jeff Sessions, Americans United asked senators to question Kagan about specific records stemming from her service in the Clinton administration and her testimony to the Senate during her confirmation hearing as solicitor general.
Read the letter in PDF at this link: http://www.au.org/media/press-releases/archives/2010/06/sjc-au-letter-re-kagan.pdf
Kagan, AU insisted, should be asked whether religious liberty claims outweigh civil rights protections and under what circumstances government can fund religious groups.
The Rev. Barry W. Lynn, Americans United executive director, said he hopes the committee accepts its responsibility to question Kagan on her church-state perspective.
“It is imperative,” said Lynn, “that senators ask Kagan about her stance on religious liberty. We have carefully researched her record, and there are issues that raise concern. I think she should have the opportunity to clarify exactly what her views are.
“Religious liberty should not be used as a sword to override civil rights laws that protect all Americans,” Lynn continued, “and the government should not use taxpayer dollars to fund religion. That’s what the Constitution mandates, and I hope Kagan shares that perspective.”
Confirmation hearings for Kagan are scheduled to begin on Monday.
AU pointed to specific incidents from Kagan’s record:
■In August 1996, while working for the White House, Kagan expressed dismay about a California Supreme Court decision that required a landlord to rent an apartment to an unmarried couple – in accordance with California civil rights law – in spite of the landlord’s religious objections. Kagan said the court’s decision to say that the civil rights law did not substantially burden the landlord’s religion was “quite outrageous” and encouraged administration intervention.
■In May 1999, Kagan advised Vice President Al Gore’s staff not to mention the Religious Freedom Restoration Act in a speech, because this law and a follow-on bill in Congress had sparked conflict between religious liberty advocates and the LGBT community. Kagan said she was the “biggest fan of [the measure] in the building” but insisted that mention of the bill could cause political problems and explained that the White House was trying to seek some kind of agreement between the communities.
■In 1995, Congress passed a major welfare reform bill that included “charitable choice” provisions inviting religious groups to offer publicly funded social services with fewer constitutional and civil rights safeguards. The Department of Justice wanted to add a provision barring funding of “pervasively sectarian” organizations as part of a technical corrections package. Kagan wrote in a memo that the Justice proposal didn’t make it into the package and the Department of Health and Human Services “isn’t arguing. Neither am I.”
■In 1997, Kagan commented on a Clinton proposal to subsidize volunteers working with religious groups. In her memo, she acknowledged that the legislation could at “the very least” include partnerships with programs that are not pervasively sectarian, but that she would like to find legislative language that “stretches the envelope still further.”
■As a clerk for Supreme Court Justice Thurgood Marshall in 1987, Kagan wrote a memo about government funding for religious groups to offer instruction about adolescent sexuality and pregnancy. She asserted that “when the government funding is to be used for projects so close to the central concerns of religion, all religious organizations should be off limits.” Yet when asked about that memorandum during the 2009 Senate Judiciary Committee hearing on her nomination to be solicitor general of the United States, Kagan described the rationale in her memorandum as “the dumbest thing I’ve ever read.” She later said the memo was “deeply mistaken” and “utterly wrong.” She noted, however, that “the use of a grant in a particular way by a particular religious organization might constitute a violation” if the funds were used to fund “specifically religious activity.”
Concluded AU’s Lynn,
“Kagan may simply have been carrying out what she perceived to be the policy of the administrations she worked for. These may not have been her personal opinions. One way or the other, however, we need to know what her church-state philosophy is.”
http://www.au.org/media/press-releases/archives/2010/06/senate-panel-should-question.html
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
Thursday, June 10, 2010
IRS Should Investigate South Dakota Church That Endorsed Gubernatorial Candidate,
IRS Should Investigate South Dakota Church That Endorsed Gubernatorial Candidate,
June 10, 2010
Watchdog Group Says Baptist Pastor’s Pulpit Endorsement Violates Federal Tax Law
Americans United for Separation of Church and State today filed a complaint with the Internal Revenue Service about a Rapid City, S.D., church whose pastor endorsed a gubernatorial candidate during a church service.
The Rev. H. Wayne Williams, pastor of Liberty Baptist Tabernacle, endorsed state Sen. Gordon Howie, who was seeking the Republican nomination for governor. Williams’ May 16 endorsement from the pulpit was reported in a press release by the Howie campaign and in the Rapid City Journal.
“This church is tax exempt and may not intervene in elections,” said the Rev. Barry W. Lynn, executive director of Americans United. “
In a letter to the IRS today, Lynn outlined the case against Liberty Baptist. He noted that Howie’s campaign issued a press release on May 18 trumpeting the endorsement. In that press release, Williams stated, “I have no fear of the I.R.S.”
The Williams endorsement was also reported by the Journal on May 23.
In addition, an Americans United staff member called Williams to discuss the matter on June 8. During that conversation, Williams confirmed his in-church endorsement and asserted that his church is not accountable to the IRS.
Lynn said such flagrant disobedience of the law should not be ignored.
“Pastor Williams is thumbing his nose at the Internal Revenue Service,” said Lynn. “The facts are not in dispute, and the IRS should take action.”
Americans United runs a special program called Project Fair Play. The project aims to educate clergy and citizens about the requirements of federal law and the ban on politicking by tax-exempt entities.
As part of the project, Americans United files complaints to the IRS about houses of worship and religious non-profits that flout the law.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
June 10, 2010
Watchdog Group Says Baptist Pastor’s Pulpit Endorsement Violates Federal Tax Law
Americans United for Separation of Church and State today filed a complaint with the Internal Revenue Service about a Rapid City, S.D., church whose pastor endorsed a gubernatorial candidate during a church service.
The Rev. H. Wayne Williams, pastor of Liberty Baptist Tabernacle, endorsed state Sen. Gordon Howie, who was seeking the Republican nomination for governor. Williams’ May 16 endorsement from the pulpit was reported in a press release by the Howie campaign and in the Rapid City Journal.
“This church is tax exempt and may not intervene in elections,” said the Rev. Barry W. Lynn, executive director of Americans United. “
In a letter to the IRS today, Lynn outlined the case against Liberty Baptist. He noted that Howie’s campaign issued a press release on May 18 trumpeting the endorsement. In that press release, Williams stated, “I have no fear of the I.R.S.”
The Williams endorsement was also reported by the Journal on May 23.
In addition, an Americans United staff member called Williams to discuss the matter on June 8. During that conversation, Williams confirmed his in-church endorsement and asserted that his church is not accountable to the IRS.
Lynn said such flagrant disobedience of the law should not be ignored.
“Pastor Williams is thumbing his nose at the Internal Revenue Service,” said Lynn. “The facts are not in dispute, and the IRS should take action.”
Americans United runs a special program called Project Fair Play. The project aims to educate clergy and citizens about the requirements of federal law and the ban on politicking by tax-exempt entities.
As part of the project, Americans United files complaints to the IRS about houses of worship and religious non-profits that flout the law.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
Tuesday, June 1, 2010
Connecticut Schools' Plan To Hold Graduations In Church Is Ruled Unconstitutional
Ceremonies Must Be Held In Nonreligious Venue Following Challenge By Americans United and ACLU
May 31, 2010
ENFIELD, CT A federal judge has declared that the Enfield Public Schools' plan to hold high school graduation ceremonies at a Christian church is unconstitutional, and has ordered the school board to find an alternative venue. The graduation plans were challenged in court by Americans United for Separation of Church and State, the ACLU of Connecticut and the American Civil Liberties Union.
The complaint pointed out that there are many secular facilities in the area that the Enfield Schools could use, including a number that compare favorably to the cathedral in terms of cost, size and distance from Enfield. At least three of those facilities have been holding open the June 23 and 24 dates of the graduations for the Enfield Schools just in case the venue needed to be changed.
"The court's ruling will ensure that no student or parent has to choose between missing their own graduation and being subjected to a religious environment of a faith to which they do not subscribe," said Americans United Senior Litigation Counsel Alex J. Luchenitser.
"It is unconstitutional and wrong for a school district to subject students and families to religious messages as the price of attending graduation."
The groups brought the legal action on behalf of two Enfield High School seniors and three of their parents. The lawsuit challenged plans to hold commencement at First Cathedral, a Bloomfield church replete with religious signs and symbols, including at least three large crosses that could not be covered or removed for graduation.
"We are pleased that the court has found that holding a public high school graduation ceremony in an overtly religious setting is inappropriate when comparable secular facilities are available," said Andrew Schneider, Executive Director of the ACLU of Connecticut. "The Enfield Schools' plan to hold the ceremonies in a church created an unnecessary divisive atmosphere for what should be a positive and inclusive event for all students."
Read the full press release at www.au.org
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