U.S. District Judge Dana Christensen ruled Nov. 27 that the Freedom From Religion Foundation's lawsuit against the U.S. Forest Service and the Catholic Knights of Columbus council in Kalispell, Mont., can proceed.
FFRF sued in February 2012, seeking a declaration that the "continued presence of a six-foot-tall statue of Jesus Christ in the Flathead National Forest, on a 25-by-25-foot plot owned and administered by the United States Forest Service, violates the Establishment Clause of the First Amendment to the Constitution of the United States."
The Knights placed the shrine in 1954 after receiving a special-use permit from the government. The Forest Service continued to sanction the shrine overlooking the Big Mountain ski run until the most recent lease ran out in late 2010.
The Forest Service announced in 2011 it wouldn't renew the permit but later, after being pressured politically, reversed the denial on the grounds the statue qualified as a historical display, which spurred FFRF's lawsuit.
After the suit was filed and several defendants sought to have it dismissed, FFRF submitted a declaration by local resident William Cox, who asserted he "had and will continue to have direct and unwelcome contact with the statue."
In his Nov. 27 ruling, Christensen said: "Cox's declaration meets [standing requirements. He is a member of FFRF, he lives 15 miles from Whitefish Mountain Resort, he is a frequent skier at the resort who has skied past the statue many times previously and intends to again this winter, and he is a non-believer who considers the statue religious in nature and offensive."
The judge added, "Cox would have standing to sue in his own right if he were a named plaintiff."
FFRF is asking the court to enjoin the defendant from continuing to approve the shrine for federal property and ordering the Forest Service to direct the Knights of Columbus to remove it.
The case was filed on FFRF's behalf by attorney Richard L. Bolton and local counsel Martin S. King. A trial is scheduled for March.
Christensen, who was confirmed as an Obama appointee in December 2011, had practiced law in the Kalispell area since 1977.
FFRF, with the help of area secularists (see group photo above) in Wenatchee, Wash., placed an election-year caveat, “God and government a dangerous mix,” on a billboard in July at the intersection of South Mission Street and Ferry in Wenatchee. An identical billboard went up in late July in Okanogan, on Highway 97 just north of milepost 282, two miles north of the turnoff for Malott and five miles south of the southernmost exit to Okanogan.
FFRF, with 18,500 members nationwide, including almost 1,000 in Washington, placed the messages in tandem with its members and individuals connected with North Central Washington Freethinkers of Wenatchee, a local meetup group. FFRF thanks them for donating toward the costs and arranging the rentals.
“Our efforts this year are to once again remind the public that ‘We, the people’ need to preserve our Founding Fathers’ goal to give this country’s citizens a secular government without dangerous religious entanglements,” said Kurt Wyant, a member of FFRF and spokesperson for NCW Freethinkers of Wenatchee.
The Freedom From Religion Foundation, a state/church watchdog based in Madison, Wis., and the nation’s largest freethought association, with more than 18,500 members, is racking up legal victory after legal victory, separating religion from government and generating news coverage all over the nation.
Although FFRF jokes that it is often overlooked as a “nonprofit and a nonprophet in its own land,” its increasing work caught the eye of reporter Steve Elbow of The Capital Times in Madison, which ran an Aug. 2 news story headlined “Madison group ramps up national fight against religion in government.”
FFRF’s legal staff, which has doubled to four attorneys since the start of the year, has already sent out more formal letters of complaint (612) protesting state/church entanglements than in all of last year. Many such complaints generate major news coverage and end in responses ending a diverse multitude of state/church “sins” without court battles.
FFRF currently has nine lawsuits in state or federal court, but “Our aim is to end these through education and persuasion, without having to go to court whenever possible,” said FFRF Co-President Annie Laurie Gaylor.
The impressive list of major state/church entanglements that FFRF action has halted in midsummer alone includes:
• Prayers by the Henrico County, Va., Board of Supervisors. Officials swiftly dropped a 25-year abuse after a July 10 vote, following a July 2 letter by FFRF Staff Attorney Patrick Elliott: “The board compounds the violation when the prayers are to Jesus and/or most of the officiants are Christian or Christian clergy. Sectarian prayers make religious minorities and nonbelievers feel like political outsiders in their own community and show an unconstitutional governmental preference for Christianity over other faiths and for religion over nonreligion.”
A local citizen contacted FFRF after an overtly Christian prayer, which included “in Christ’s name,” was delivered at a June meeting. Elliott pointed out that the 4th Circuit U.S. Court of Appeals consistently struck down sectarian prayers four times recently.
Joseph Rapisarda, county attorney, issued a statement: “The board was briefed on the legal ramifications of having a sectarian prayer. After careful consideration, the board decided to end the practice of having an opening prayer, effective immediately.”
• A city-hosted nativity display in Ellwood, City, Pa. A saga that began last December, sparking huge controversy, a lot of crankmail, a prayer rally and media coverage, ended sedately with a victory for FFRF and secular government. Seven months after legal staffers Patrick Elliott and Andrew Seidel first protested the display at the municipal building, the borough council on July 16 voted down a proposal intended to resurrect the entanglement.
A city “Nativity Committee” drafted what Ellwood City Ledger reporter Eric Poole called “a convoluted, complicated, constitutionally bereft proposal that slaps a figurative ‘SUE ME’ sign on the borough’s back.” Poole added, “This shouldn’t be about winning or losing, but about honoring an American principle — that all citizens, regardless of their religious beliefs or lack thereof, stand equally before the civil authority.”
FFRF thanks FFRF member Stephen Hirtle for his invaluable assistance and dedication in monitoring and helping to end this major violation.
• A city-sponsored prayer breakfast in Augusta, Ga. After two months of back and forths with FFRF, the city agreed to discontinue its unconstitutional involvement in organizing, coordinating and promoting the monthly “Mayor’s Prayer Breakfast.” Major Deke Copenhaver, who initially insisted no laws were being broken, told a local news channel: “Being mayor is what I do. My faith is who I am, and I feel very strong about that.”
An open records request filed by Senior Staff Attorney Rebecca Markert revealed that Karyn Nixon, executive assistant to the mayor, coordinated the event, including selecting the churches, sending out invitations, putting together an agenda and even instructing pastors to include scripture readings and opening prayer and remarks by the hosting pastor.
Nixon used city e-mail and phones during normal business hours. Aside from one breakfast in 2009 at a Jewish synagogue, all prayer events have been held at Christian churches or by Christian groups.
On Aug. 2, Andrew Mackenzie, general counsel, responded: “Mayor Copenhaver will continue to attend the monthly Prayer Breakfasts, but he has volunteered [sic] to allow the organization, coordination and promotion of such breakfasts to be done exclusively by private sponsors.”
The event will no longer be advertised on the city’s website with the misleading title, “Mayor’s Prayer Breakfast.” It will be replaced with “Community Prayer Breakfast” to “avoid the appearance of city endorsement.”
• Two church bulletin discounts by restaurants. FFRF is helping Pennsylvania member John Wolfe, an octogenarian, protest a Civil Rights violation by Cajun Kitchen in Columbia, Pa., whereby patrons who did not turn in church bulletins paid 10% more for their Sunday breakfasts.
FFRF’s Rebecca Markert wrote three letters over 18 months in a patient attempt to educate the restaurant owners that they were violating the Civil Rights Act. It reads in relevant part: “All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation . . . without discrimination on the ground of race, color, religion, or national origin.”
Co-owner Sharon Prudhomme justified the discount by saying she’s a “hardworking American” and can “advertise as I see fit.” Wolff filed a complaint with the state Human Relations Commission and a resolution is expected.
Read John Wolff’s letter on the subject on page 6. When the complaint was first reported, it provoked many nasty comments to and about John and FFRF. FFRF Co-President Annie Laurie Gaylor wrote a blog, “Don’t ‘discount’ civil rights,” about the importance of upholding the Civil Rights Act. Visit ffrf.org/news/blog or see page 10.
FFRF also stopped a church bulletin discount at Wendy’s Old-Fashioned Hamburgers in Valdosta, Ga. The restaurant was offering a 10% Sunday discount to those bearing a church bulletin as proof they’d been to church that day. FFRF was notified in July that the unlawful discount has stopped.
• Prayers before an Indiana school board. FFRF Staff Attorney Stephanie Schmitt wrote the South Dearborn School Board in April protesting the recent inauguration of prayer to start monthly meetings. The board opened with the Lord’s Prayer. Schmitt wrote that “opening school board meetings with a Christian prayer discriminates not only against nonbelievers, but also against any non-Christian attendees. Parents and students should not be made to feel like outsiders when attending meetings.”
FFRF was notified July 3 that the prayer has been discontinued.
• Army abuse in Georgia. The U.S. Army “no longer wants YOU! to mow the Catholic Charities’ lawn” after Andrew Seidel wrote a July 5 letter objecting to soldiers providing “area beautification support to the Catholic Social Services.”
The practice of the Regimental Noncommissioned Officer Academy’s Advanced Leader Course at Fort Gordon, Ga., was to send soldiers to mow the grass for Catholic Social Services, whose motto is, “In every season, God is with us.” Commented Seidel: “Now, in every season they are responsible for trimming their own hedges and raking their own leaves.” While the Army now claims it relied on volunteers, the relationship has ceased.
• Plans to inaugurate prayer before a Pennsylvania school board. The Sharpesville Area School Board in late July assured FFRF it would not go forward with a proposal to inaugurate prayer at its meetings or implement a religious class. FFRF’s Stephanie Schmitt sent three letters starting in February after a board member, saying “the guy up above is very important to us,” recommended prayers begin.
The letter noted that the Third Circuit, which encompasses Pennsylvania, has ruled against school board prayer, considering it analogous to prayer in public schools.
• A variety of school-related violations. FFRF treats intrusion of proselytizing and religious ritual in public schools as a top priority. Stephanie Schmitt wrote Thomas County Schools, Thomasville, Ga., over a violation at a middle school, when the principal announced over the intercom on March 20 that a group (apparently Gideons International) was in the school “and would be distributing bibles to whoever [sic] was interested in taking one.”
Schmitt noted a long list of cases barring Gideons’ distribution of New Testaments in schools. FFRF received assurance July 16 there would be no repetition of this violation.
In July, FFRF also received assurances from Hastings [Mich.] Area Schools that prayers were not said at this year’s graduation ceremony as they had been for the past decade.
FFRF wrote the Tishomingo County School District in Iuka, Miss., after receiving complaints that teachers at Iuka Elementary were leading students in daily prayer before heading to the lunchroom and asking students to lead prayer.
In July, after several follow-ups, Schmitt received word that faculty would no longer “be encouraging students to pray or lead students in prayer.”
From January through June, FFRF took about 1,275 formal requests for help to end constitutional violations. On “backlog Thursday” in late July, the legal staff, including three summer interns, drafted a record 67 letters of complaint in one day (interns wrote by far the most)!
FFRF thanks its summer interns and dedicated staff attorneys. “Our legal staff is so busy ending violations that we literally have trouble finding room to report all of our major actions in Freethought Today,” said Gaylor.
See other recent actions reported on page 9 of this issue and major complaints reported elsewhere. FFRF regularly updates legal victories online at: ffrf.org/legal/other-legal-successes/
FFRF also issues press releases about many of its complaints and victories. Sign up to get press releases and news updates sent to your inbox at:
Out of the Closet Videos
In letters to the Internal Revenue Service, the Freedom From Religion Foundation has reported possible illegal political campaign intervention by Catholic bishops in Green Bay and Madison, Wis.
In a Nov. 1 letter to the IRS office in Dallas which oversees "exempt organizations classification," FFRF Senior Staff Attorney told the IRS that Diocese of Green Bay Bishop David L. Ricken wrote an article Oct. 24 titled "An Important Moment" to be inserted in all parish bulletins.
Ricken begins, "It is almost time to vote and to make our choices for president and other political offices..." Ricken lists a "set of non-negotiables" for parishioners "to keep in mind as you approach the voting booth to complete your ballot." These issues include "abortion" and "homosexual 'marriage'."
He further states, "These are areas that are 'intrinsically evil' and cannot be supported by anyone who is a believer in God...A well-informed Christian conscience does not permit one to vote for a political program that contradicts fundamental contents of faith and morals."
His letter, which was printed on the diocese letterhead, continues, "But what does this have to do with the election? Some candidates and one party have even chosen some of these as their party's or their personal political platform," and to vote for such a candidate or party "means that you could be morally 'complicit' with these choices which are intrinsically evil. This could put your own soul in jeopardy."
Ricken also warns his diocese to "keep in mind" the "aggressive moves by the government to impose the HHS mandate, especially the move to redefine religion so that religion is confined more and more to the four walls of the Church..."
IRS regulations specify that 501(c)(3) organizations, which include churches and other religious organizations, are prohibited from "[participating in or intervening in]...any political campaign on behalf of (or in opposition to) any candidate for public office."
The issues identified by the bishop in the Oct. 24 article as "intrinsically evil" are generally what distinguish Republican and Democratic social platforms. In Wisconsin, these issues differentiate candidates for federal and state offices, i.e., one candidate for U.S. Senate was anti-abortion and anti-gay marriage, and the other candidate was a lesbian who supports marriage equality and abortion rights.
Ricken's article, published and distributed just two weeks before Election Day, is clearly urging people not to vote for the "one party" that embraces these "evil" positions.
Likewise, a warning that the current HHS mandate is a "dangerous precedent" is a clear reference to the policy of the incumbent candidate for president, Barack Obama. He distinctly refers to the imminent presidential election. Though he does not explicitly state, "Vote for Romney" or any other specific candidate, it is clear to the reader that Ricken is urging members of his diocese to vote against Democratic candidates.
Markert's Nov. 6 letter to the Dallas IRS makes similar points about an article Nov. 1 by Madison Bishop Robert Morlino. Titled "Official guidelines for forming a Catholic conscience in the Diocese of Madison," it was published in the diocesan newspaper.
FFRF urges the IRS to investigate circumstances that led to the churchmen's efforts to influence political races.
Registering to create your own online profile has many other benefits for you and for FFRF. Features include:
• CONTACT INFO & PASSWORD. Manage your contact information (for example, updating your postal address, phone numbers and email addresses) and change your password whenever you wish.
• RENEWAL. Check when your renewal is due and your current level of membership support.
• FFRF FORUM. By creating a Membership Profile, you will have immediate access to the new members-only online Forum. (The old forum will be made read-only: existing forum users can see content but not post new content. You can re-use your forum name if you wish, but being registered on the old ffrf-forum.org does not mean you have a membership profile on the new FFRF.org website. A membership profile is required to use the new forum on FFRF.org)
• MAILING PREFERENCES. Choose how you wish to receive Freethought Today; e.g., via an emailed PDF file or a mailed copy.
• EMAIL SERVICES. Selecting or unselecting FFRF email services, such as FFRF news releases, action alerts, blogs, and Freethought of the Day.
• MEMBER DISCOUNTS. Get discounts on all the fabulous merchandise in the FFRF store.
• PERSONAL INFO. Sharing more information about yourself, such as indicating you wish to volunteer, or listing a secondary address.
• AVAILABLE TO MEDIA? You can sign up as a media contact for FFRF in your area. (This is helpful to FFRF, which receives frequent requests by media to speak to local members.)
Three Easy Steps for Creating your Online Membership Profile
- Go to https://ffrf.org/component/rsform/form/7-new-user-registration
- Complete the form, including your first name, a username (this will also be your forum username) and a valid email address, preferably the one that you used when you joined. (You can change this later, if you wish.)
- Click Submit.
Any time you want to access your account, simply click on "My Membership" at the top right of any page on the FFRF website.
Of course, an Online Membership Profile isn't necessary if you prefer to do business with FFRF by mail only. We'll be happy to help you, no matter how you wish to connect with us.
Thank you from the Staff at FFRF!
Freedom From Religion Foundation
PO Box 750
Madison WI 53701