FFRF Legal Work

The South Dearborn School Board (Ind.) will no longer open its monthly meetings with a prayer, thanks to the Freedom From Religion Foundation.

A concerned school district parent informed FFRF that school board officials began each monthly meeting by reciting the Lord's prayer. These meetings are open to the public and often include young students from the district. Staff Attorney Stephanie Schmitt sent an April 20, 2012, letter to School Board President Daryl Cutter: "It is beyond the scope of a public school board to schedule prayer as part of its scheduled meetings." She added that federal courts have consistently struck down prayer by school officials in a public setting.

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."

An attorney for the school district responded on July 3: "In response to your letter of April 20, 2012, the School Board has discontinued the prayer at meetings." 

A restaurant in Blue Ridge, Ga., will no longer offer a preferential discount to church-going patrons, thanks to the Freedom From Religion Foundation.

On a sign posted next to the cash register, Blue Ridge Mountain BBQ offered and promoted an illegal 10% discount to customers who presented a church bulletin on Sundays. The sign also promoted free meals for pastors who dined with a paying customer.

In a June 26, 2012, letter, Staff Attorney Stephanie Schmitt warned the manager that the restaurant was in violation of the Civil Rights Act and that “it is illegal for Blue Mountain BBQ to discriminate, or show favoritism, on the basis of religion.”

On July 5, FFRF received confirmation that not only had the sign offering the church discount been removed, but it had been replaced by a framed copy of FFRF’s letter of complaint. 

The Freedom From Religion Foundation has stopped a teacher in the Clear Creek Independent School District (League City, Texas) from passing out class materials with inappropriate religious messages on them.

The teacher had been handing out lessons with a variety of bible quotes and references printed on them. FFRF Staff Attorney Stephanie Schmitt wrote to Superintendent Greg Smith on April 30, 2012: “It is unconstitutional and completely inappropriate for a public school teacher to promote his religious beliefs in the classroom.”

Clear Creek ISD’s General Counsel Sheila Haddock responded positively on July 9, saying that the lessons were unauthorized supplemental materials. Haddock informed FFRF that she and the school principal had talked to the teacher multiple times, and that she “explained the constitutional implications of his actions.” She also said that she had met with the Secondary Social Studies Coordinator “in an effort to reinforce this important message to all instructional staff district-wide.”

The Freedom From Religion Foundation has halted illegal prayer before Henrico County Board of Supervisor meetings in Henrico, Va.

Henrico County officials decided to drop the 25-year-old tradition on July 10 after the group received a letter of complaint from FFRF Staff Attorney Patrick Elliott, as well as an objection from a local concerned citizen.

Joseph P. Rapisarda, the Henrico County Attorney issued a statement: "The Board was beefed 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."

"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 non-religion," wrote Elliott in a July 12 letter to Chairman Richard Glover.

Elliott pointed out that the Fourth Circuit Court of Appeals has consistently struck down prayers to Jesus and this would likely be the case in Henrico. Elliott added that county officials are free to pray privately, as long as it's not on taxpayers' time and dime.

The Freedom From Religion Foundation ended an inappropriate use of official email by a government agency employee in Alabama.

An employee of the Alabama Medicaid Agency used her official email account to send out an email asking recipients to help ban a supposed upcoming film depicting Jesus as a homosexual. Her email included a quotation from the bible and urged recipients, “Let’s stand for what we believe and stop the mockery of Jesus Christ our Savior.”

FFRF staff attorney Stephanie Schmitt sent a letter to the agency commissioner on June 20, 2012. She argued “it is grossly inappropriate to include religious references in an email from an official government employee.” Schmitt also pointed out that this action was against the Alabama Information Technology Policy regarding email usage.

In a July 13 response, acting commissioner Stephanie McGee Azar agreed that this employee violated the policies of the agency and “appropriate disciplinary action” was taken against her. Azar assured FFRF that all agency employees were reminded that “state email systems shall not be used for conducting any religious or political activities.”

Thomas County School District, Ga., will no longer allow bibles to be distributed in its schools, after receiving a letter of complaint from the Freedom From Religion Foundation.

The principal at Thomas County Middle School announced over the intercom on March 20, 2012, that representatives from The Gideons International were in school and would be distributing bibles to students. After receiving a complaint about this from an unhappy parent, FFRF Staff Attorney Stephanie Schmitt informed Superintendent George Kornegay, Jr., in a March 23rd letter, “It is unconstitutional for public school districts to allow the Gideons to distribute bibles during the school day.”

In a July 16 letter of response, Kornegay wrote that the school district would comply with the Constitution, and bible distributions to students “will not occur in the future in the Thomas County Schools.”

Seven months after the Freedom From Religion Foundation first protested a city nativity scene, the Ellwood City Borough Council (Pa.) has agreed to uphold the First Amendment. The council voted down a proposal on July 16 that would likely have brought the nativity back to public property, through a lottery system allowing a lone display in front of the municipal building during December. The lottery would have discriminated against non-residents.

On behalf of local complainants, FFRF wrote several letters in December. And in late December, the council voted to move the nativity to private property. After things quieted down, the council formed a “Nativity Committee” dedicated to replacing the nativity. The Nativity Committee wrote what one reporter called “a convoluted, complicated, constitutionally bereft proposal that slaps a figurative ‘SUE ME’ sign on the borough’s back.” The council voted the proposal down 4-3 this week, despite ministerial support.

“The invaluable help of FFRF member Stephen Hirtle contributed to the victory. Often having area residents with the courage to take a stand will make all the difference. Stephen, we salute you,” said FFRF Co-President Dan Barker. Barker thanked FFRF Staff Attorneys Patrick Elliott and Andrew Seidel for their hard work in ending this violation. 

Hastings Area School District in Michigan refrained from including a prayer in their 2012 high school graduation ceremony after receiving a letter of complaint from FFRF.

For at least the past 10 years Hastings High School has included an illegal invocation in its official graduation program and selected a student to lead the prayer.

FFRF staff attorney Stephanie Schmitt wrote in an April 13, 2012, letter, “The Supreme Court has settled this matter — high school graduations must be secular to protect the freedom of conscience of all students.”

In a July 17 reply, Superintendent Todd Geerlings assured FFRF that, “there were no prayers said at the Hastings High School graduation ceremony on May 25, 2012.”

In response to a complaint from FFRF, California University of Pennsylvania agreed that it was impermissible and unconstitutional to offer reduced admission to basketball games for those who mention their church affiliation. CalU, a public university, offered a "Faith and Family Night" on Jan. 6, 2012, and promoted $3 admission for those who mentioned their church affiliation. Churches were also granted permission to set up informational tables at the new basketball arena.

Having received a complaint from a member of the CalU community, FFRF Staff Attorney Stephanie Schmitt wrote University President Geraldine Jones on June 18 about the unlawful promotion.

University Legal Counsel Jacqueline Morrow replied and said that she informed University administrators on the day of the event that the promotion was unconstitutional. She wrote on Aug. 20, "The University administrators responsible for the event were apologetic and because the game had already been advertised, we decided that the available cure would be to make sure that everyone that attended the event would be charged the same, lower price." She said, "The University now understands clearly that it cannot use tax dollars to provide a benefit to one group over another based on church membership, or any other basis for that matter, whether or not the First Amendment is implicated. . . Not only was the plan unconstitutional, it was not successful. Attendance was low." 

Irish Fest organizers in Milwaukee announced on Aug. 16, 2012, that they were dropping a promotion that violated civil rights laws by rewarding Mass attendance, in response to a complaint from the Freedom From Religion Foundation. Irish Fest will now offer everyone who drops off a food donation by 11 a.m. free admittance.

Elliott sent his first letter of complaint about the discount in 2010, when officials refused to address the discount.
He sent a follow up letter on Aug. 9, 2012, and received an Aug. 14 response from an attorney representing Irish Fest stating that they would not end or amend the discount.

Prior to FFRF's involvement, Irish Fest's website said, "Guests who donate nonperishable food items prior to the liturgy are admitted to the festival free of charge after the Mass." Elliott suggested a simple solution to the problem would be for all attendees to be able to donate items for free admittance at 11 a.m. or at any time of entry.

FFRF received a complain about a local pastor/ class presenter appearing to hijack required educational programs for families about divorce in Family Court in Jackson County, Mo., to talk about himself and his faith. FFRF was told that for the three-hour course, a minister “spent two of the three required hours talking about himself, how he came to the priesthood, how he moved from congregation to congregation,” and generally about “his path to the church.” He “also handed out fliers to the class offering his religious service outside of class.” The complainant reported that “he made religious quotes and references throughout the class, and some were included in the slideshow.”

FFRF Staff Attorney Andrew Seidel wrote to the court on July 16, 2012, asking it to investigate and correct the theological bent of the secular class. Seidel questioned the minister’s credentials to lead this course, and also asked that the class be moved out of the church where he is pastor. The court took the allegations seriously and phoned to notify FFRF that an investigation is underway.

In the August 16 written reply, the court wrote that it has instructed the minister that “the issue of his religious faith and his ministry have no place in the teaching of this curriculum and we have instructed him to discontinue references to his background such that gives the appearance that the Court is promoting religion over non-religious beliefs.” The court will “monitor this issue with all” of its instructors.

The response noted that the court is also “actively looking for locations outside of church property where we can hold classes” and “will assure that participants are aware of different options for attending classes and that attendance at a classroom located on church property is not mandatory and that other options exist.” 

FFRF took a complaint that a teacher at a Mandarin immersion elementary school in the San Mateo Foster City School District, Calif., had told students that the “man in the sky can see everything you do, but you can’t see him because he is camouflaged.” Apparently the teacher used two fingers to point to her eyes and then the same fingers to point at the children to emphasize the fact that the “man in the sky” is watching them.

FFRF Staff Attorney Andrew Seidel wrote a letter to the district on May 22, 2012, alerting it to the allegation against proselytization of a captive audience of young children. As complainant put it, these children are of “such a sensitive age,” and such action “robs children of growth and experience and [the right to make] up their own mind when capable of doing so.”

Seidel pointed out the legal problems with teaching young schoolchildren about religious themes, and also wrote: “Public school staff and administrators, particularly in a school with a diverse population of students, should ensure that all students are made to feel welcome in all programs. School sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadherents that they are outsiders.”

In its August 16 response letter, the school district informed FFRF that it “has reminded its employees of the District’s policy of not [teaching] religion in schools.”

Readers may want to look up Ricky Gervais’ “The Invention of Lying” movie for a funny take on ‘the man in the sky’? 

The San Francisco Assessment Appeals Board removed “so help me god” from the script used for swearing-in parties before Board hearings in response to an FFRF complaint. Staff Attorney Stephanie Schmitt wrote to the Board in February 2012 indicating that the complainant felt compelled to take the oath “for fear that any comment might negatively affect the outcome of the hearing.”

After receiving several follow-up letters, Board Administrator Dawn Duran wrote on Aug. 14: “Please be advised we have implemented procedural changes that have eliminated the use of a religious oath effective as of today.” The script now says, “Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?” 

Castlewood School District, S. Dak., will no longer hold pre-game prayers, following a complaint by FFRF. A video posted on YouTube showed school district personnel leading and participating in prayers before sporting events.

On May 23, 2012, FFRF Staff Attorney Andrew Seidel wrote to the district informing them that public school officials, including coaches, cannot lead, organize, or participate in prayers with their students. The student-coach relationship is naturally coercive and students are trained to follow the lead of coaches.

After FFRF sent several follow-up letters, Castlewood Superintendent Keith Fodness responded on August 14: “Our coaching staff has been briefed on the case law pertaining to prayer as it relates to the situation described in your letter and have been instructed to act within those guidelines.”

FFRF was informed by a parent that two schools in Iberville Parish Schools (Plaquemine, La.) hosted teachers and pastors who delivered illegal prayers at two graduation ceremonies in May. The prayers were listed in the commencement programs.

Staff Attorney Stephanie Schmitt wrote a May 23, 2012, letter to the Edward Cancienne, superintendent, to request an end to the invocations and benedictions that took place at high school graduation ceremonies.

On Aug. 10, the Iberville Parish School Board’s attorney replied, “Dr. Cancienne advised that he has instructed faculty and staff of the Iberville Parish School System that prayer is not allowed at any school organized or sponsored events.”

“It is encouraging to see that schools are making changes and are agreeing to follow the Constitution,” said Schmitt.