Headlines: Separation of Church and State (T23R-2)


Minnesota Independent

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National Day of Prayer Event Is Up in the Air
Washington Post, United States
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A boost for faith-based groups
St. Louis Post-Dispatch, MO
Obama's decision disappointed secularists and civil libertarians, such as Barry W. Lynn, executive director of the Washington watchdog group Americans United for Separation of Church and State. "I would rather there be no 'faith-based' office," he said ...

Americans United for Separation of Church and State today filed a lawsuit in federal court to block a Wisconsin public school district from holding graduation ceremonies in the sanctuary of an evangelical church.

The suit, filed on behalf of a graduating senior and several families in the district, challenges the Elmbrook School District’s decision to hold graduation ceremonies for Brookfield Central High School and Brookfield East High School at Elmbrook Church.

“Public schools should schedule graduation ceremonies at public venues where families of all faiths or none will feel welcome,” said the Rev. Barry W. Lynn, executive director of Americans United. “Some parents and children do not feel comfortable attending commencement in this religious setting. Graduation is too important to leave some families out.”

Elmbrook Church displays a large cross in its sanctuarnctuary, and the facility includes other religious iconography as well. Church officials have refused to cover the cross. On at least one occasion, members of the church passed out religious literature to graduation attendees in the lobby.

The plaintiffs, who have chosen to remain anonymous, assert that they are extremely uncomfortable attending graduation at the church, given its religion-permeated environment.  The plaintiffs also feel unwelcome at the church because it teaches that non-Christians like the plaintiffs, and even some denominations of Christians, will go to Hell.

Elmbrook is a theologically conservative evangelical Christian church with strong views on contentious religious and political issues. The church says homosexuality is “not an acceptable lifestyle” and is “contrary to God’s will,” attacks atheists as people “who think they are smarter than God” and even condemns TV talk show host Oprah Winfrey for promoting “a spirituality that is at fundamental odds with the historic biblical faith.”

AU’s Lynn, a United Church of Christ minister, said Elmbrook is free to teach its doctrines, but many Americans disagree with them.

“I can understand why gay kids, atheist kids and kids from other non-evangelical faith groups would not want to graduate at a church that condemns them,” Lynn said. “Public school commencement ceremonies ought to be held at a place where every family feels at home.”

AU Senior Litigation Counsel Alex J. Luchenitser, who is lead counsel in the case, added, “Graduating seniors should not be forced to choose between entering a religious environment of a faith to which they do not subscribe and missing their own graduation. Graduation should be a joyous occasion for students and their family members, and it should not be ruined by such religious coercion.”

In its complaint, Americans United notes that there are other facilities available for graduation ceremonies and that virtually all of them are non-religious in nature. Other school districts in the area use them.

Americans United is seeking a preliminary injunction barring the school district from holding its graduation ceremonies, scheduled for June 6 and 7, at Elmbrook Church or any other house of worship.

The complaint and preliminary injunction papers in Does v. Elmbrook Joint School District No. 21 were drafted by Luchenitser and AU Madison Fellow Elizabeth J. Stevens, in consultation with AU Legal Director Ayesha N. Khan. James H. Hall Jr. and F. Thomas Olson of the Milwaukee civil-rights firm Hall Legal, S.C. are serving as co-counsel in the case.

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.

Americans United for Separation of Church and State has called on the Department of Health and Human Services (HHS) to rescind a regulation put in place by former President George W. Bush dealing with religious objections to medical procedures, saying the rule could violate patients’ rights.

The sweeping regulation, implemented by Bush in December, essentially gives health-care workers a right to refuse to take part in any procedure that they say violates their religious beliefs.

“This regulation was a parting gift from President Bush to the Religious Right, and it ought to be returned to sender,” said the Rev. Barry W. Lynn, executive director of Americans United. “The last thing this country needs is more Religious Right meddling in our health care.”

President Barack Obama has proposed rescinding the Bush regulation, and today is the deadline for public comment on the matter.

In a letter to HHS Acting Secretary Charles E. Johnson, Americans United urges Obama to proceed with the planned rescission of the rule, arguing that the regulation is unnecessary because the nation’s federal civil rights laws already protect employees from religious discrimination.

“Rescinding the law would pose no threat to the rights of health-care workers, and instead, would serve to ensure that more individuals have access to health care,” wrote Margaret F. Garrett, AU assistant legislative director. “The goals of the current rule could more effectively be met simply through education and outreach.”

AU also asserts that the rule is too sweeping in its approach and that it fosters ambiguity.

Continuing to enforce the regulation, AU asserts, “will have a chilling effect on health-care facilities, reducing rather than expanding health-care services for patients.”

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.

Today’s Iowa Supreme Court decision striking down a state law banning same-sex marriage is a welcome reaffirmation of religious liberty, says Americans United for Separation of Church and State.

In its unanimous ruling, the Iowa high court makes it clear that religious denominations have a constitutional right to set their own rules about marriage but that civil law should reflect equal protection for all citizens and not be anchored in religious dogma.

“The court has reaffirmed religious liberty,” said the Rev. Barry W. Lynn, executive director of Americans United. “The justices reminded us that religious groups are free to marry whomever they choose, but civil law cannot be based on any group’s theology.

“The court has recognized that civil marriage is the province of government and religious marriage is the province of the faith community,” Lynn said. “That’s what our constitutional principles mandate, and that’s the way it should be. Clergy are free to perform or decline to perform marriage ceremonies, while the government treats everyone equally when it comes to civil marriage.”

Observed the court in its Varnum v. Brien ruling, “[C]ivil marriage must be judged under our constitutional standards of equal protection and not under religious doctrines or the religious views of individuals. This approach does not disrespect or denigrate the religious views of many Iowans who may strongly believe in marriage as a dual-gender union, but considers, as we must, only the constitutional rights of all people, as expressed by the promise of equal protection for all. We are not permitted to do less and would damage our constitution immeasurably by trying to do more.”

The court also made clear that its decision protects the rights of religious groups that oppose same-sex unions.

“In the final analysis, we give respect to the views of all Iowans on the issue of same-sex marriage religious or otherwise by giving respect to our constitutional principles,” the justices asserted. “These principles require that the state recognize both opposite-sex and same-sex civil marriage. Religious doctrine and views contrary to this principle of law are unaffected, and people can continue to associate with the religion that best reflects their views.”

Added the court, “A religious denomination can still define marriage as a union between a man and a woman, and a marriage ceremony performed by a minister, priest, rabbi, or other person ordained or designated as a leader of the person’s religious faith does not lose its meaning as a sacrament or other religious institution.”

Lynn said this aspect of the ruling is important, as it debunks the common Religious Right argument that houses of worship will be forced to perform same-sex ceremonies.

“Religious Right scaremongers are trying to frighten clergy with bald-faced lies,” said Lynn. “The Iowa ruling makes clear just how wrong this charge is.”

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.

The Supreme Court of Kentucky should strike down a $10 million state appropriation for a university affiliated with the Southern Baptist Convention, says Americans United for Separation of Church and State.

Americans United has filed a friend-of-the-court brief along with the American Civil Liberties Union of Kentucky challenging tax funding of the University of the Cumberlands in Williamsburg, Ky.

“The Kentucky Constitution is clear on this matter,” said the Rev. Barry W. Lynn, executive director of Americans United. “Tax money may not be used to subsidize religious schools. We expect the court to uphold that important principle.”

Special Judge Roger Crittenden of Franklin County ruled against the appropriation in March of 2008. Crittenden declared that the aid for construction of a pharmacy school building and an additional $1 million for scholarships was “a direct payment to a non-public religious school for educational purposes,” adding this type of state assistance “is not permitted by the constitution of Kentucky.”

Section 5 of the state constitution bars residents from being compelled to support religion and bans the state from showing preference to any denomination over others. Section 189 bans tax aid to “any church, sectarian or denominational school.”

The Kentucky Fairness Alliance, a statewide gay-rights group, challenged the legislature’s special appropriation of funds for the university after the school expelled a gay student in 2006. The student, Jason Johnson, had disclosed his sexual orientation on a social networking Web site.

In their amicus brief, Americans United and the ACLU urge the Supreme Court of Kentucky to uphold the lower court ruling and strike down the aid.

The brief, filed March 31, traces the development of church-state separation in the United States and examines how that principle is protected in the Kentucky Constitution.

“This Commonwealth, its people, and their respective religious denominations and houses of worship have been well served by the Kentucky Constitution’s rigorous protections for freedom of conscience,” asserts the brief. “Those essential safeguards should not now be jettisoned, as the challenged appropriations here contemplate.

“No matter how laudatory in the short run the legislature’s objectives might be,” the brief continues, “they cannot justify the degrading effect upon both faith and civil society that results from having religious institutions compete in the political arena for public dollars and public favor.”

Dr. Paul D. Simmons, a Baptist minister and president of the Americans United Board of Trustees, is among the plaintiffs in the University of the Cumberlands v. Pennybacker, Beshear, and McGaha lawsuit. Other plaintiffs include the Jefferson County Teachers Association and Christina Gilgor, executive director of the Kentucky Fairness Alliance.

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.

Americans United for Separation of Church and State today expressed disappointment at the Obama administration’s decision to ask former football coach Tony Dungy to serve on the president’s Advisory Council on Faith-based and Neighborhood Partnerships.

“God & Country,” the religion blog of U.S. News & World Report, said today that Dungy has been asked to serve on the council, but he has not yet decided whether to do so.

Dungy, former coach of the Indianapolis Colts football team, has well-known ties with intolerant Religious Right groups. In 2007, for example, he spoke at a fund-raising dinner for the Indiana Family Institute, a James Dobson-affiliated group that opposes gay rights, reproductive rights and separation of church and state.

Said the Rev. Barry W. Lynn, Americans United’s executive director, “I am surprised and disappointed that Dungy has been asked to serve on the council. His view that civil-marriage law should reflect religious doctrine is not in keeping with the Constitution.”

Added Lynn, “It is extremely important for the advisory council to uphold civil rights and civil liberties, and I am concerned that Coach Dungy is far from the best person to do that.”

Dungy, in his remarks at the Indiana Family Institute dinner, supported an Indiana constitutional amendment to ban same-sex marriage and suggested that public policy ought to reflect religious doctrine.

"I feel like telling people when they look at this issue of same-sex marriage . . . I'm not on anybody's side," Dungy said. "I'm on the Lord's side."

According to U.S. News, Dungy accepted the Indiana Family Institute's Friend of the Family Award and said he "embraced" the IFI’s support for the gay marriage ban.

"IFI is saying what the Lord says," Dungy said. "You can take that and you can make the decision on which way you want to be."

"We're not trying to downgrade anyone else," Dungy added. "But we're trying to promote the family — family values the Lord's way."

Lynn said it is important that the advisory council not advocate views such as Dungy’s that undercut church-state separation.

Concluded Lynn, “I look forward to working with President Obama and his staff as he develops his administration’s position on the faith-based funding issue.”

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.

Today’s Arizona Supreme Court decision striking down two school voucher programs is a welcome action that protects religious liberty and public education, says Americans United for Separation of Church and State.

The Arizona high court, ruling unanimously, said the voucher subsidies violate a provision of the Arizona Constitution barring tax funding of religious and other private schools.

“This important decision reflects our best traditions,” said the Rev. Barry W. Lynn, executive director of Americans United. “It upholds the right of taxpayers to support only the religious institutions of their choice. Public funds should be spent at public schools.”

Americans United filed a friend-of-the-court brief in the Cain v. Horne case, urging the court to strike down the state programs. Vouchers, said AU, plainly run afoul of Article IX, Section 10 of the Arizona Constitution, which states that no tax appropriations may be made “in aid of any church, or private or sectarian school….”

Arizona is one of 37 states with strong constitutional provisions that bar the diversion of tax funding to religious schools. Other state courts have ruled against school vouchers in the past, and more may do so in the future.

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.

The Texas Board of Education should remove language from proposed science standards that opens the door to teaching religious concepts in public schools, says Americans United for Separation of Church and State.

“Texas can either have world-class science standards or allow fundamentalists to sneak religion into classrooms through the back door,” said the Rev. Barry W. Lynn, executive director of Americans United. “It can’t do both.”

The board has been deliberating the science curriculum for months. At issue is a set of standards known as Texas Essential Knowledge and Skills (TEKS). The science standards are under review, and a faction on the board insists on using them to promote religion.

In December, a curriculum-writing team proposed standards that emphasize sound science. The following month, the board adopted the standards but added language that scientific, educational and civil liberties organizations say would compromise the teaching of evolution.

The board will meet March 26 to discuss the issue with a final vote scheduled for March 27.

In a letter to the board today, Americans United urged members to uphold sound science and reject any schemes intended to advance religion in the classroom.

Noting that religious instruction belongs in the home, not public schools, AU State Legislative Counsel Dena S. Sher argues that the language in the standards could lead to litigation.

“Americans United recommends that the Board proceed with caution in adopting the standards approved at the January Board meeting because courts have determined that undermining evolution like the January amendments do is unconstitutional,” wrote Sher. “Americans United remains vigilant of students’ and parents’ rights to have sound science, rather than religious belief, taught in public-school science classrooms and will not hesitate to challenge any introduction of religion into Texas’s public schools.”

The federal courts have repeatedly struck down Religious Right attempts to push religion in public school science classes. In 1987, the U.S. Supreme Court in Edwards v. Aguillard invalidated a Louisiana statute requiring science educators to “balance” teaching evolution concepts with “creation science” concepts.

In 2004, Americans United and the ACLU challenged the promotion of “intelligent design” creationism in Dover, Pa., public schools. A year later a federal district court ruled in Kitzmiller v. Dover Area School District that such governmental advocacy of religion is unconstitutional.

Americans United noted that reports issued by the U.S. Department of Education in 2007 and 2008 show that the academic achievement of D.C voucher students is no better than that of students attending D.C. public schools. A November 2007 report by the General Accounting Office also criticized the program, finding that “accountability and internal control were inadequate.” 

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.


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Headlines: Separation of Church and State (T23R-2)