Recent Court Cases
- FFRF Sues to Stop Religious Engravings at Capitol Visitor Center
- Watchdog, Parents File Suit Against South Carolina Release-Time Credits
- Newdow, FFRF & Coalition Sue to Halt Inaugural Prayers
- FFRF Sues County of Manitowoc, Wis. over Catholic Creche
- FFRF Sues City of Rancho Cucamonga over Censorship of "Imagine No Religion" Billboard
- FFRF Sues Colorado Governor Over Prayer Proclamations
- FFRF Sues Bush, Shirley Dobson and Gov. Doyle over National Day of Prayer Proclamations
- FFRF Wins Challenge in School Child Evangelism Subsidy
- FFRF Wins Against Green Bay Creche (Settlement)
- FFRF Challenges "Under God" in Pledge in New Hampshire Schools
with New Hampshire family & Mike Newdow
- FFRF Stops Public School's Promotion of Religious Activity
- FFRF Wins Challenge of "Chaplaincy" for Indiana Family & Social Services
- Challenges North Dakota's Subsidy of Christian Juvenile "Ranch"
- 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 Sues to Stop Religious Engravings at Capitol Visitor Center
The Foundation and its Co-Presidents filed suit on July 14, 2009, to stop the prominent engraving of "In God We Trust" and the religious Pledge of Allegiance at the Capitol Visitor Center in Washington D.C. The lawsuit was filed by attorney Richard Bolton in U.S. District Court in the western district of Wisconsin. The House and the Senate passed resolutions in July 2009 directing the Architect of the Capitol to engrave the mottos, with an expected cost of at least $100,000. Religious members of Congress had threatened to delay the opening of the Visitors Center, through which every visitor to the Capitol must now pass, unless "God is welcomed back into the Center." The Foundation contends that the motto, "In God We Trust," is a johnny-come-lately, usurping the original, secular "E Pluribus Unum" (from many, come one), only adopted during the Red Scare in the 1950s. Similarly, the once secular pledge was tampered with by Congress in 1954, when it added "under God" wording.
Watchdog, Parents File Suit Against South Carolina Release-Time Credits
The Foundation and two parent complainants in Spartanburg, S.C., filed suit in U.S. District Court, Spartanburg Division, Greenville, S.C., on June 17, 2009, challenging the awarding of academic credits for evangelical release-time instruction. "A public school could not constitutionally teach this course, but in South Carolina, a student can now get a public school academic credit for taking this class," explained George Daly, a well-known North Carolina civil rights attorney who is representing the plaintiffs.
Read press release
Moss v Spartanburg Co. School District 7:09-cv-01586-RBH Complaint
Second Amended Complaint
Exhibit A
Newdow, FFRF & Coalition Sue to Halt Inaugural Prayers
The Freedom From Religion Foundation, its co-presidents and several of its members are among the many co-plaintiffs in a federal lawsuit, Newdow v. Roberts, filed on Dec. 30, 2008, by attorney Michael Newdow in the U.S. District Court for the District of Columbia, seeking to enjoin the Presidential Inaugural Committee from sponsoring prayers at the official Inauguration. The 34-page Legal Complaint also punctures some myths, documenting that for most of our country's history, no clergy led prayers at inaugurations. The original complaint has been amended to include many more freethinkers, including minor students, from around the nation, as well as a variety of groups. The case was dismissed, and is on appeal.
Case No. 08-2248 RBW
Read original complaint
Oral Argument Request Brief (Appeal)
Brief Appendix
FFRF Sues County of Manitowoc, Wis. over Catholic Creches
The Foundation took the County of Manitowoc, Wis., to court in mid-December 2008 over its "provocative and divisive" prominent display every December since 1946 of a nativity scene bearing the words "Glory to God in the Highest" on its courthouse lawn. The Foundation filed suit representing its Manitowoc County members, and names as defendants Bob Ziegelbauer, as Manitowoc County Executive and Jeffrey Beyer, public works director. The Foundation and various regional media were unable to uncover any permit for the display, or approval by the Manitowoc Public Works Committee, or even written guidelines about public displays. Norbert Vogt, a Manitowoc County Board Supervisor on the Public Works Committee, has publicly stated that the County should not allow atheists to put up a sign declaring 'There is no God.' "
Case no. 08-C-1105
FFRF Sues City of Rancho Cucamonga over Censorship of "Imagine No Religion" Billboard
The national Freedom From Religion Foundation filed suit on Nov. 26, 2009, in federal court against the City of Rancho Cucamonga, Calif., for taking actions which led to the censorship of its "Imagine No Religion" billboard on Archibald and Foothill Blvd, Route 66. The Foundation had prepaid for the board and contracted for a two-month run beginning in mid-November. The Board had been up for less than a week when it was removed at the apparent instigation of a city official. "The Defendants' actions conveyed a message that religion is favored, preferred, and promoted by the City of Rancho Cucamonga and its officials, despite subsequent attempts to cover up the Defendants' involvement in sending an objectively understood message disapproving FFRF's billboard," said the Foundation.
Case No. 2:08-CV-7833
Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment
Plaintiff's Statement of Genuine Issues in Opposition to Defendants' Motion for Summary Judgment
Declaration of Richard L. Bolton
Declaration of Wendy Leung
Declaration of Annie Laurie Gaylor
Proposed Order
Summary Judgement/Part Trial
FFRF's Second Challenge of National Day of Prayer
The Foundation, with the help of Denver-area members and plaintiffs, filed suit on Nov. 12 against Colorado Gov. Bill Ritter Jr., for showing governmental preference for religion in issuing National Day of Prayer proclamations in tandem with the National Day of Prayer (NDP) Task Force.
The Foundation filed the lawsuit in state court in Denver, both on behalf of four named plaintiffs and its more than 400 Colorado members. The lawsuit seeks to declare Day of Prayer proclamations and dedications by Gov. Ritter in violation of the Religious Freedom clause of the Colorado Constitution, and seeks an order enjoining him from issuing further such proclamations. The Complaint notes that not only has Ritter issued official National Day of Prayer proclamations, but he appears to have aligned himself and the State of Colorado with a national observance called Reign Down USA, an evangelical movement that promotes prayer, ostensibly for restoration of the nation.
Case No. 08-CV-9799
FFRF Sues Bush (Now Obama), Shirley Dobson and Gov. Doyle over National Day of Prayer Proclamations
The Foundation, a national state/church watchdog, filed a federal lawsuit on Oct. 3, 2008, broadly challenging the federal law designating a National Day of Prayer and requiring a National Day of Prayer Proclamation by the President. In addition to suing Pres. George W. Bush (amended to Pres. Barack Obama), the lawsuit names his press secretary, Dana Perino (amended to Robert Gibbs), Wisconsin Gov. Jim Doyle, one of 50 governors to also issue prayer proclamations, and Shirley Dobson, chair of the National Day of Prayer Task Force. Public Law 100-307 sets the first Thursday in May as "National Day of Prayer." The Foundation is seeking a declaration that the law violates the Establishment Clause of the First Amendment to the U.S. Constitution. The suit alleges that a task force associated with Focus on the Family is "working hand-in-glove" with the government in organizing the National Day of Prayer.
Case No. 08-CV-588
2008 Presidential Proclamation & all 50 2008 gubernatorial proclamations
FFRF Wins Challenge in 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. The Foundation was also concerned about CEF posters being placed at child's eye view by water coolers and lockers promoting CEF and its after-school treats.
On March 20, 2009, the case was dismissed at the request of the Foundation. After the lawsuit was filed, the CEF stopped meeting in Rio schools. FFRF and its complainants will monitor the situation.
FFRF Wins Against Green Bay Creche (Settlement)
The Freedom From Religion Foundation filed a federal lawsuit on Dec. 26, 2007, 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."
The Foundation dropped its appeal before the U.S. 7th Circuit Court of Appeals on Jan. 13, 2009, since no religious displays were permitted by the City of Green Bay, Wis., in December 2008. The Foundation is prepared to go back to court if abuses recur.
Read the Legal Complaint, case number 07-C-1151.
Decision and order by William C. Griesbach, U.S. District Judge
Motion to Appeal Filed Nov. 3, 2008
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. A number of individual religionists in the school district, as well as the Knights of Columbus, also intervened in the lawsuit. (The Catholic men's club originally spearheaded the campaign to insert "under God" into the previously secular pledge.) U.S. Dist. Judge Steven J. McAuliffe issued an order on Aug. 7, 2008, agreeing to dismiss Congress as a defendant. But the Court denied the State of New Hampshire's motion to dismiss, as well as the motion to dismiss filed by several intervening individuals and the Knights of Columbus.
McAuliffe Aug. 7, 2008 ruling (pdf)
First Amended Brief, filed October 2008 (pdf)
Decision by U.S. District Judge Steven J. McAuliffe, September 30, 2009
Cherry Creek School District: FFRF Stops Promotion of Religious Activity
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
UPDATE: On Sept. 8, 2008, U.S. Dist. Judge Marcia S. Krieger dismissed FFRF's lawsuit, but gave FFRF 10 days to file an amended brief. Stay tuned.
Ruling by Krieger (pdf)
Motion For Reconsideration
Third Amended Complaint
Motion For Leave to File Third Amended Complain
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Round Two: FFRF amended its legal complaint, and linked the violation to the Lutheran Brotherhood in September 2008. Attorney Richard R. Tiernan introduced evidence linking the District's 40 Developmental Assets to a Lutheran, scripture-based program. The Foundation's refilings document the religious origins and purpose of the assets. "Each of the Assets has a stated biblical underpinning and the history of the Assets program clearly shows that religion is at its core," states Tiernan. Each asset is actually based on specific biblical references. "Service to others," for instance, is explicitly based on 1 Isaiah 6 and Romans 12:9-13. Revealing affidavits by two Denver men familiar with the "40 Assets" programs were also filed.
"Plaintiffs contend that the 40 Assets taken as a whole constitute a moral code for young people promulgated by the Lutheran religion or a sect thereof," which violates the First Amendment, as does Asset 19 taken separately.
The 40 Developmental Assets were developed by the Search Institute (originally known as the Lutheran Youth Group), and it is the Foundation's belief it continues to be heavily financed by the Lutheran Brotherhood. Institute Board Members include representatives of the National Council of Churches, the National Federation for Catholic Youth Ministry, Outreach National Baptist and National Network of Youth Ministries.
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 Challenges North Dakota's Subsidy of Christian Juvenile "Ranch"
The Foundation, with three of its North Dakota members, filed a federal lawsuit in North Dakota on June 19, 2007, challenging state and county subsidy of avowedly Christian juvenile detention facilities. The ranch, run by the Lutheran Church/Missouri Synod, and the Evangelical Lutheran Church in America, "attempts to modify behavior by directing children to find faith in the Lord Jesus Christ," the Foundation legal complaint alleges. The facilities incorporate biblical teachings, subscribe to the three Ecumenical Creeds and the Lutheran Confessions, and schedule weekly Spiritual Life Groups activities, church attendance or other spiritual activities on Sundays, individual spiritual discussions, prayers at meals, baptism, confirmation studies, devotions, bible studies and related discussion groups. Post-release mentoring services also incorporate religion and are publicly funded with taxpayer appropriations. The ranches, run by two Lutheran denominations, have monopolized juvenile detention services in the state for many decades.
Case No. 2007 CV 00043
U.S. Dist. Judge Daniel L. Hovland on July 17, 2008, granted the motion to dismiss the federal lawsuit, saying the Legislature does not explicitly mandate that state officials allocate specific funds for the ranches, so the alleged violation amounts to a discretionary action by the executive branch and may not be challenged by taxpayers.
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 us-Roberts, Alito, Scalia, Thomas and Kennedy-was 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.
Mercier vs. La Crosse Legal Complaint (pdf)
Reply Brief on Standing, Mercier vs. La Crosse (pdf)
7th Circuit Ruling, Mercier vs. La Crosse (pdf)
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
Read the Good Friday Ruling (pdf)
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