State/Church Bulletin

Three Good Rulings Hold

The Supreme Court in October let stand three lower court rulings in favor of the separation of church and state:

It refused to take a challenge by religious groups of a New York law requiring health plans to cover birth control pills. The state is one of 23 requiring employers offering prescription benefits to employees to cover birth control pills as well. Catholic Charities and other losing religious groups insisted it was their First Amendment right to deny contraception because it is sinful.
It refused to take an appeal by an evangelical group denied use of a public library for religious services. The Ninth Circuit Court of Appeals affirmed that the Antioch branch of the Contra Costa County Library, Calif., properly denied a church the use of its meeting rooms for religious worship services. The court said a worship service could undermine the library's purpose of making itself available to the whole community, by disrupting the library and alienating other users. The appeals court added that a library could not necessarily prohibit nonchurch religious groups from engaging in worship.
It declined to hear the case of evangelical preacher James G. Gilles ("Brother Jim"), who challenged a requirement by Vincennes University that he needed a permit to "solicit" on campus. The university limited his access to a walkway in front of the student union. He sued. The 7th U.S. Court of Appeals upheld the lower court ruling that the university could legally limit his speech to a certain location. The aggressive Alliance Defense Fund took the losing appeal.

Prosperity Preachers Probed

An investigation into the finances of six ministers was launched in November by Sen. Chuck Grassley, R-Iowa, the top Republican on the Senate Finance Committee. Grassley sought answers by Dec. 6 over the reputed lavish and opulent lifestyles of:

Rev. Creflo Dollar, with the World Changers Church International, in Atlanta. Ga. Dollar told media that the megachurch took in $69 million in 2006, and that his income comes from investments, businesses and real estate ventures. But he disclosed the church gave him a Rolls Royce.
Benny Hinn, of World Healing Center Church. The Texas faithhealer was asked how he handles cash collected on his large overseas crusades.
Kenneth and Gloria Copeland of Kenneth Copeland Ministries, Newark, Texas.
David and Joyce Meyer, who run Joyce Meyer Ministries, Fenton. Mo. She has been asked to explain the "tax-exempt purpose" of purchases such as a $23,000 "commode with marble top" purchased for her headquarters.
Randy and Paula White, of Without Walls International Church, Tampa, Fla. They have been asked to document clothing expenses and cosmetic surgery since 2004.
Bishop Eddie Long of New Birth Missionary Baptist Church, Lithonia, Ga.

Three of the evangelists sit on the board of regents of Oral Roberts University, privately investigating similar charges of abuse by Richard Roberts. He is on leave after a lawsuit for financial malfeasance was filed.

Moment of Silence Enjoined

A federal judge issued a preliminary injunction on Nov. 15 barring a suburban Illinois school from implementing the state's new law mandating a moment of silence, calling it "likely unconstitutional."

U.S. District Judge Robert Gettleman is considering making the injunction statewide. The Silent Reflection and Student Prayer Act might cross the line by giving students a suggestion and a choice to pray, said Gettleman. Only two choices are given by the statute: to meditate or to pray. "One is an endorsement of prayer." The case was brought by Rob Sherman on behalf of his daughter at Buffalo Grove High School.

Faith-Based Office Questioned

A coalition of civil rights groups in November asked a Congressional committee to investigate the White House Office of Faith-based and Community Initiatives. The Coalition Against Religion Discrimination questions whether the office is violating state/church separation, engaging in partisanship, and being adequately monitored.

A letter was sent on Nov. 2 to Rep. Henry Waxman, chair of the House Committee on Oversight and Government Reform.

The request follows last year's report by the Government Accountability Office finding no monitoring of federal grant recipients, the Supreme Court's decision in Hein v. the Freedom From Religion Foundation refusing taxpayers the right to sue over the faith-based offices, and a Justice Department recommendation in October to exempt "faith-based organizations" from employment nondiscrimination rules concerning federal grants.

Among CARD members which did not sign the letter: the Anti-Defamation League, American Jewish Congress, Hadassah and the Union for Reform Judaism, which disagree with a "total ban on religious discrimination by government grantees."

The Office of Justice Programs posted a notice that religious charities are legally allowed to employ those of their own faith exclusively, even when the charity is funded through federal programs that expressly prohibit religious discrimination. The Justice Department claims the Religious Freedom Restoration Act permits the discrimination.

AA Requirement Unconstitutional

The Ninth U.S. Circuit Court of Appeals in San Francisco ruled in September that parolees cannot be ordered to attend meetings of Alcoholics Anonymous, which directs problem drinkers to seek help from a "higher power."

The appeals court said AA's religious overtones mean it cannot be ordered as a condition of staying out of prison. Rulings from across the nation since 1996 have established that "requiring a parolee to attend religion-based treatment programs violates the First Amendment."

The case was brought by a Buddhist in Hawaii who was ordered to attend a Salvation Army treatment program that included participation in Narcotics Anonymous. The man refused to participate, dropped out, went back to prison, was released in 2003, sued over the violation of his rights, and died while the suit was pending.

The appeals court said the parole officer should have known that by 2001, eight state and federal courts had all agreed that a parolee has a right to be assigned a secular treatment program.

Vitter Religious Earmark Withdrawn

U.S. Sen. David Vitter, R-La., in October backed off plans to earmark $100,000 of taxpayer money to a Christian creationist group in Louisiana. A number of civil rights and educational groups protested Vitter's handout to the Louisiana Family Forum, to teach religious and "alternative" theories of creationism alongside evolution in science classrooms.

After Vitter's telephone number came up in investigations of a call-girl service in Washington, D.C., the head of the Louisiana Family Forum praised him for acknowledging the "very serious sin" and asking for forgiveness.

Philly Cuts BSA Subsidy

The city of Philadelphia in October announced that a Boy Scout chapter must pay fair-market rent of $200,000 a year for use of its city-owned headquarters. BSA's Cradle of Liberty Council has only paid $1 a year in rent, but now must pay the increased amount if it wishes to stay past May 31. City officials said they cannot legally rent taxpayer-owned property for a nominal sum to a private group that discriminates against gays. The group also discriminates against nonbelievers.

Utah Defeats Vouchers

Voters in Utah, by a 60-40 margin in November, repealed an expensive legislative plan to inaugurate tax-paid vouchers for religious and private schools. The act would have doled out $500 to $3,000 in vouchers per private school student.

Young NonChristians Reach 40%

A recent study by the Barna Group, a Christian research association, found that 40% percent of 16- to 29-year-olds identify as nonChristian. The survey found that only 16% of young nonChristians have a "good impression" of Christianity. Most nonChristian youths surveyed believe that Christianity is judgmental (87%), hypocritical (85%), old-fashioned (78%) and too involved in politics (75%). Only 3% of 16- to 29-year-old nonChristians express favorable views of evangelicals.

Even half of young churchgoers said they perceive Christianity to be judgmental, hypocritical, and too political.