New Legal Successes
Gideons International representatives will no longer distribute bibles in the hallways of the Vocational-Technical Education Building of Warren High School in Warren, Arkansas, thanks to the Freedom From Religion Foundation.
During the 2011-2012 school year, at least two members of Gideon International were passing out bibles in halls of Warren High School. This clear violation of the Establishment Clause occurred during school hours. Staff Attorney Stephanie Schmitt sent a March 5 letter of complaint to Superintendent Andrew Tolbert. "The Warren School District cannot legally allow its schools to be utilized by overreaching proselytizers. By permitting the distribution of bibles on school grounds the District is placing its 'stamp of approval' on the religious messages contained in the gideon bible," wrote Schmitt.
FFRF claimed victory over this issue on March 6. Assistant Superintendent Marilyn Johnson affirmed, "Our principals and the director of our technical school have been notified to discontinue the practice of Gideon Bible distribution."
The Freedom From Religion Foundation has made secularism, not Christianity the "first priority" at West End High School in Gadsen, Ala. The Christian youth organization, First Priority, will no longer be allowed on campus during school hours.
Until FFRF's involvement, West End High School permitted First Priority adult representatives on campus during the school day. First Priority is "On Your Campuses to Reach and Disciple a Generation With the Love and Message of Jesus Christ." First Priority describes itself as "the people of God uniting together to make a positive impact in the lives of this generation." FFRF's complainants noted that the group addressed students on school grounds. West End High School promoted the group to students through its website.
FFRF Staff Attorney Stephanie Schmitt wrote to Superintendent Alan Cosby on Feb. 27: "No religious organization should have special access to proselytize during the school day at Etowah County Schools. It does not matter whether students have invited the First Priority ministers; students cannot be allowed to circumvent school policies simply because they desire Christian ministry during their lunch hour."
The School District responded to FFRF's complaint in a March 2 letter: ". . . all activities connected and concerned with the First Priority non-curricular student led group which may have taken place during the hours of school will no longer be allowed to take place during those hours."
The Freedom From Religion Foundation has put an end to pre-game school football prayers in Lake Charles, La. No longer will a clergy member be asked to give a prayer over the loudspeaker at Sam Houston High School (SHHS) football games.
FFRF Staff Attorney Stephanie Schmitt sent an initial letter of complaint to Superintendent Wayne Savoy on Sept. 9, 2011. Schmitt pointed out that public high school events must be secular to protect the freedom of conscience of all students. Since the prayers are announced via the loudspeaker and all in attendance are asked to join, a reasonable Sam Houston High School student would certainly perceive the prayer as school sanctioned.
After receiving an additional letter of complaint on Feb. 9, an attorney for the school district replied on Feb. 29. All school principals were told that they should not sponsor prayers at public high school football games. He also added, "we are confident that any of the situations that gave rise to your concern have been addressed. . ."
The Freedom From Religion Foundation has prevented future Trinity High School (Bedford, Texas) classrooms from screening blatantly religious films.
During the month of January several classes viewed the film "Fireproof." It is FFRF's understanding that at least one student objected to the Christian content of the movie before it was shown. "Fireproof" chronicles the life of a Christian man who is forced to save his marriage by showing his wife the love of Christ. Within the movie the protagonist "recommits his life to God and uses God's helping hand to discover what it means to love his wife." In a Feb. 7 advisory letter, FFRF Staff Attorney Stephanie Schmitt pointed out the "serious constitutional concerns" associated with the screening of this film to a captive audience of high school students.
FFRF further discovered that "Fireproof" is a product of Sherwood Pictures, the "moviemaking ministry." This production company is run by the Sherwood Baptist Church in Albany, Ga., and is known for producing "Christian propaganda."
On Feb. 27, FFRF was notified by the school district's superintendent that the teacher was directed not to show the movie again. The superintendent added, "You can be assured that the movie is not part of any district curriculum."
The Freedom From Religion Foundation has put a stop to overtly religious assemblies at Greenbriar Public Schools in Greenbriar, Ark.
In early February, Greenbriar High School condoned a Christian-themed assembly featuring speakers from a local rehabilitation facility, Renewal Ranch. FFRF Staff Attorney Patrick Elliott wrote to Superintendent Scott Spainhour on Feb. 8, advising him to "immediately cancel any other scheduled Renewal Ranch assemblies and avoid inviting them into public schools in the future." Renewal Ranch identifies as a Christian organization dedicated to "restoring broken lives through Christ where men with addictions can develop a personal love relationship with Jesus and God will be glorified!"
Through its complainants, FFRF learned that five members of the Renewal Ranch were present at the assembly. The members blatantly used the event as a means to proselytize, making statements such as, "the road to salvation" and "Jesus Christ is the only way."
FFRF received a positive reply from Spainhour on Feb. 17: "In order to insure that the incident is not repeated, the building principal will require that in the future all speakers making presentations to the student body are directed to the school's policy regarding religion and instructed to follow the same."
The San Antonio Independent School District firewall provider, Fortinet, prevented students from accessing atheist and freethought websites on school computers, while allowing students to access religious websites. A student contacted FFRF after attempting to view blocked atheist sites. In a Dec. 9, 2011 letter, Staff Attorney Patrick Elliott wrote that this practice amounted to “viewpoint discrimination under the First Amendment because the filter treats information differently precisely because it relates to agnostic and atheistic viewpoints. The Supreme Court ruled school districts may not ban information based on ‘dislike of the ideas.’ ”
The District's Chief Information Officer responded on Feb. 16, in a memo stating, "Fortinet has taken steps to remove atheist websites from the classification of ‘occult’ to other religious or belief classifications." The District says that atheist and agnostic websites are now accessible to all students. It is not known what other sites Fortinet blocks for being categorized as "occult."
Southside High School in Elmira, N.Y., will no longer play religious holiday music during the month of December.
The Freedom From Religion Foundation wrote to Southside Superintendent Joseph Hochreiter on Dec. 19, 2011, warning him of the serious Establishment Clause violation occurring at Southside High School. During the month of December, the high school would play intrusive religious holiday music non-stop in the halls. This practice took place everyday for the entire month. This overtly sectarian program was justified to "lift morale, especially for those underprivileged kids who don't get much of a celebration at home." Even the school's morning news program included carols.
Songs included, "Oh Holy Night, O Come Emmanuel and From a Distance." Even with classroom doors closed, the unlawful Christian music could still be heard from the hallway, and FFRF received complaints from those at the school.
FFRF requested that the practice of "blaring Christmas music in the halls of a public school" not recur in the future.
Hochreiter responded to FFRF's request on Feb. 13, confirming that religious songs would no longer be broadcast over the loudspeaker in December.
Pancho's Mexican Buffet in Euless, Texas, will no longer offer a special discount to patrons who bring in a church bulletin.
Before FFRF issued a complaint, Pancho's was in the habit of offering a 10 percent discount to church-goers. Customers were faced with both a counter and online advertisement of the promotion. Several secular customers were denied the discount without a copy of a bulletin in hand. Stephanie Schmitt, FFRF staff attorney, wrote to Pancho's on Nov. 10, 2011. Schmitt directly referenced the Civil Rights Act: "As a place of 'public accommodation' it is illegal for Pancho's to discriminate, or show favoritism, on the basis of religion."
After sending an additional letter of complaint, FFRF received word on Feb. 13 that the religious promotion signs were removed.
After receiving a series of complaints from the Freedom From Religion Foundation, the U.S. District Court for the Middle District of Florida in Fort Myers will no longer deny witnesses their right to be sworn in with a secular oath.
During a March 2011 trial, a FFRF complainant was denied access to a secular affirmation. The witness had previously requested a secular affirmation be given, even though though this option was never offered. After several misunderstandings the witness was asked to "drop the issue" by his attorney for fear of biasing with his testimony. FFRF first took issue with this blatant state/church offense on June 20, 2011, in a letter to Judge Anne Conway. "The U.S. Supreme Court held that 'neither a State nor the Federal Government can constitutionally force a person to profess a belief or disbelief in any religion,'" wrote Stephanie Schmitt, FFRF staff attorney.
Any attempt to force a witness to take a religious affirmation is in direct violation of the Free Exercise Clause.
FFRF wrote two letters following its initial complaint in June. On Feb. 13, Conway replied: "Regarding the issue addressed in your letter, I have reminded the judges of the Middle District of Florida of the provisions of Fed. R. Evid. 603 and the Advisory Committee Notes concerning that rule."
Cedar Falls, Iowa, will no longer be making religious recommendations in its city newsletter, Currents, thanks to the Freedom From Religion Foundation.
The Winter 2012 edition of Currents featured several religious suggestions for improving communities. Within the article "The Blues Zone Project – Help Us Win," the City proposed "9 Traits of Thriving Communities." The "thriving traits" included meditating and praying and an effort to "connect to a faith based community." The City appeared to directly endorse prayer and church, as "The City of Cedar Falls" was displayed prominently at the top of the article.
FFRF Staff Attorney Stephanie Schmitt wrote a Feb. 6 letter of complaint to Mayor Jon Crews: ". . . including such overtly religious messages in a City-published newsletter constitutes blatant state endorsement of religion and alienates those Cedar Falls residents who are nonreligious."
An attorney for the city replied to FFRF on Feb. 10: "The City will follow-up with employees drafting such documents and emphasize a thorough review of future city publications to prevent the printing of language with references to religion."
Weatherford Independent School District in Weatherford, Texas, will no longer allow Church groups to proselytize to elementary school children through an unlawful "Backpack Ministry" program.
Crockett Elementary school students received a permission slip to attend a church sponsored event on Jan. 19. First Baptist Church sponsored a food program and attempted to gather young students to help with the event. FFRF intervened through a Jan. 27 letter: "We are especially concerned about this, given the name of the program and the 'optional' portion at the bottom of the permission slip facilitating contact between First Baptist Church and participating familes." The optional portion of the permission slip included an appeal to students and parents: "If you would like someone from FBC to contact you or your family you may leave your contact information here."
"We believe this permission slip crosses the line by having the school serve as a conduit for church recruitment., and that the 'optional' should section should never have been included," wrote FFRF Staff Attorney Stephanie Schmitt.
FFRF received notice on Feb. 9 that the school district will not include "the optional language at the bottom of the permission slip" in any future correspondence.
Brush College Elementary School in Salem, Ore., will no longer provide take home advertising for bible club meetings, thanks to the Freedom From Religion Foundation.
The Child Evangelism Fellowship, Inc., petitioned Brush College Elementary School to allow all students to take home overtly religious fliers to promote its Good News Club meetings. The Good News Club is a Christian bible club that meets at the school. According to the filer, students would gain "moral and spiritual training" through "rich bible lessons." In an Oct. 31 letter to Salem-Keizer School District Superintendent Sandy Husk, FFRF drew attention to the objectionable practice of religious flier distribution in public schools: "Many enlightened school districts across the country have sought to avoid this entanglement by prohibiting third parties from using the take home fliers system all together."
In a Feb. 8 response letter, the Salem Keizer School District agreed to "monitor the separation of church and State and work closely with our legal counsel in order to stay within the appropriate boundaries established by both State and Federal legislation."
Wayne County Community College District in Detroit, Mich., will no longer allow instructors to promote their personal religious beliefs through email.
The Freedom From Religion Foundation received complaints over an instructor's improper use of email. A Wayne County professor sent a "welcome" note to students, which happened to include an invitation to attend a specific church in the Detroit area. In a Feb. 1 letter to Chancellor Dr. Curtis Ivery, FFRF wrote of the obvious form of endorsement a school-sponsored email can take. FFRF pointed out that the instructor's statements referencing personal religious beliefs and encouragement to visit a particular church "constitute an official endorsement and advancement of religion over nonreligion, and specifically Christianity over all other faiths."
A member of the college's legal counsel replied to FFRF's initial complaint on Feb. 6. In his letter he confirmed that the college had requested the instructor refrain from making comments referencing religion while acting on behalf of the institution.
The Freedom From Religion Foundation has put an end to illegal bible distribution in the Oakfield-Alabama Central School District in New York.
Gideons International was given permission to hand out bibles during the school day to fifth-grade students at Oakfield-Alabama Elementary School. Concerned parents brought this blatant First Amendment violation to FFRF's attention. In a Dec. 8, 2011, letter to Superintendent Christoper Todd, FFRF Staff Attorney Stephanie Schmitt warned against this unlawful event, " . . . it is unconstitutional for public school districts to allow the distribution of bibles on school grounds to a captive audience of students. Courts have held that the distribution of bibles to students at public schools is prohibited."
Todd addressed FFRF's constitutional concerns with the school district. He promised bible distribution "will no longer be practiced in our school district."
The Freedom From Religion Foundation has put an end to locker room prayer at Bowie High School in El Paso, Texas.
Before FFRF intervened, Bowie High School's pre-football game tradition consisted of group prayer. Abuses included a local pastor joining the team before games and calling all members to bow their heads and kneel in prayer, with coaches participating. FFRF was informed that these unlawful events had most likely been taking place since at least 2010. Senior Staff Attorney Rebecca Markert wrote to Interim Superintendent of El Paso Independent Schools on Jan. 5, noting that "it is illegal for a public school to organize, sponsor, and lead prayers at public school events."
After receiving FFRF's letter, Bowie High School Principal Jesus Chavez held a meeting with school district personnel. A school district attorney sent a Feb. 2 response: "Dr. Chavez directed all personnel to refrain from facilitating any and all prayers which are led by clergy members and/or school officials."
The Freedom From Religion Foundation has wrapped up a seven year old case to remove an illegal angel statue from public property.
The statue was placed outside of the Interpretive Center in Genesee County Park in Batavia, N.Y., by the Women's Republican Club in memory of a Republican activist. FFRF Co-President Annie Laurie Gaylor initially wrote to the County Park over the unlawful statue in 2005: "We continue to believe the angel statue itself, not just the 'guardian angel' reference, makes the garden look like a religious cemetery. Whether a religious intent was conscious or not, the presence of a large, white statue of an angel or seraphim (precisely of the type which is sold to be placed in religious cemeteries) injects a symbol of Christianity into a secular, publicly-maintained center."
FFRF suggested the Women's Republican Club move the memorial to private land. According to a local news story the statue was schedule to be moved in August 2005.
Six years later, FFRF learned that the statue still stood in the county park. Staff Attorney Stephanie Schmitt wrote a series of follow up letters to the County Attorney, requiring that FFRF be informed as to "what steps have been or will be taken to move the statue to a more suitable private location."
County Attorney Charles Zambito responded to FFRF on Feb. 1: ". . . the Angel Statue that was located in front of the Interpretive Center at the Genesee County Park has been removed from the premises."
The Kiel Area School District Board of Education (Wis.) has “decided to make no changes to the curriculum,” said School Board President Cynthia Schmahl in a recent email to Staff Attorney Patrick Elliott and Constitutional Consultant Andrew Seidel.
After being warned by local members, Elliott sent a letter to the Board on Dec. 8, 2011, instructing them on the illegality of a proposal to teach “alternative theories of the origins of man within the science curriculum.” The proposal, brought by Board member Randy Kubetz, was “patently unconstitutional,” FFRF charged.
Pursuant to an open records request, FFRF received an email Kubetz forwarded to all Board members that included the outdated “Intelligent Design in Public School Science Curricula: A Legal Guidebook.” As Elliott pointed out in a subsequent letter, “Creationism supporters wrote the guidebook and its legal claims were tested and summarily debunked in Kitzmiller v. Dover Area School District.”
Persistence and reason prevailed and science, not religion, will be taught in public schools in Kiel.
Kindergartners will no longer be exposed to Christian evangelism during Bel Air Elementary School (Athens, Texas) field trips.
During three school trips to a pumpkin patch at Brand Cowboy Church in Athens, between Oct. 26-28, 2011, first-grade and kindergarten students had to listen to sectarian stories. One such story included a direct reference to Christianity: "God made each pumpkin different, just like he made each child different." Students also received a Christian-themed pamphlet, entitled "Bag of Jokes." This take-home pamphlet told students they were all sinners and instructed them to pray to God to ask for forgiveness. FFRF Staff Attorney Stephanie Schmitt wrote an Oct. 27 letter to the Athens Independent School District Superintendent in an attempt to intervene before the third field trip took place.
This flagrant constitutional violation was not resolved until Jan. 31. An Attorney representing the school district wrote, "To this end, it appears as if any such endorsement was done without knowledge or approval of the school district . . . The school district is confident that any Establishment Clause/Free-Exercise concerns have been addressed."
Bellview Elementary School has learned a valuable lesson. It will no longer allow Gideons International to distribute bibles in its hallways.
After receiving several complaints from concerned Arkansas parents and citizens, FFRF wrote to Rogers Public Schools Superintendent Janie Darr on Oct. 27, 2011. Staff Attorney Patrick Elliott pointed out that the practice of allowing Gideons International or other evangelizing Christian organizations to hand out bibles in public schools is a violation of the Constitution. This case was especially egregious as the proselytizing occurred inside an elementary school, during the school day.
FFRF did not receive a response until an additional letter was sent to the school district. On Jan. 27, an attorney representing the district notified FFRF that the matter had been settled. "Based upon Dr. Darr's recommendation, the Rogers School District has informed the Gideon organization that it will no longer allow the distribution of Bibles on school property."
Greenwood Community School Corporation in Indiana has promised to refrain from allowing staff members to display overtly religious messages after receiving a letter of complaint from the Freedom From Religion Foundation.
Last December, cafeteria servers at Greenwood Community High School wore red shirts that stated “Christmas without Christ? I don’t think so.” They also offered candy canes to students which contained the proselytizing and macabre false story on the supposed Christian origins of the candy cane. A student reported that other religious messages remained on display in the cafeteria after Christmas, including a statement about prayer in school.
FFRF Staff Attorney Patrick Elliott, sent a letter to Greenwood Community School District superintendent David Edds on behalf of Indiana FFRF members on Jan. 19. Elliott requested that Superintendent Edds investigate the matter. Elliott wrote that the actions of the staff members gave “the appearance of District endorsement of religion over nonreligion” and that distributing the erroneous candy cane story was “incorrect and misleading” and amounted to “proselytizing of students.”
In a Jan. 23 response, Edds assured FFRF that the district is “taking measures to make sure there are not overt religious messages in our schools that are in violation to any federal court decisions.” The student complainant confirmed that the religious items had been removed from the cafeteria.
Likely prompting Edds’ quick reply was the fact that Greenwood Community School Corporation was recently on the losing end of litigation challenging district prayer at graduation. Eric Workman, then a graduating senior at Greenwood High School, sued the school district and successfully won a preliminary injunction halting school-condoned prayer at his graduation ceremony in 2010. Eric went on to receive FFRF’s Thomas Jefferson Youth Activist Award and spoke at its 2010 national convention.
The Freedom From Religion Foundation has ended the Asuka Hibachi and Buffet's (Smyrna, Tenn.) unlawful practice of giving a discount only to church-goers.
Asuka Hibachi and Buffet promoted a $1 discount to customers who brought in a church bulletin on Sundays. The restaurant displayed the offer on a hand-written sign as a "family special." In a Jan. 18 letter to Asuka Hibachi, Staff Attorney Stephanie Schmitt informed the owners of their serious violation of both the federal Civil Rights Act and Tennessee Civil Rights Laws, as "All persons shall be entitled to the full and equal employment of goods."
Schmitt received a satisfactory response on Jan. 21 from Ricky Chan, owner of Asuka Hibachi: "I had addressed this issue to my staff, and have taken the sign down. I do apologize for any issues, this may have caused."
The Freedom From Religion Foundation educated a Texas High School on the unconstitutionality of a school official sending religiously themed school emails.
"Count on God instead of yourself," was the statement Klein Forest High School Assistant Principal Rene Milanizadeh included in an email to teachers on Nov. 18, 2011. She sent out a poem entitled "How to Observe Thanksgiving," with the aforementioned sectarian sentence in the last line. FFRF Staff Attorney Stephanie Schmitt wrote to Milanizadeh on Dec. 20, pointing out the constitutional flaws with the overtly Christian email. Schmitt stated, "It is well settled that public schools may not advance or endorse religion."
Ellen Spalding, the school district's legal representative, responded to FFRF's letter on Jan. 18: "Ms. Milanizadeh has expressed understanding of her duties and obligations with regard to this issue. Thank you for bringing this matter to our attention. . . KISD believes the matter to be resolved."
The Freedom From Religion Foundation has put an end to Chick-fil-A's biased, unconstitutional church bulletin promotion.
A Chick-fil-A restaurant in Jacksonville, Fla. offered a promotion to patrons who brought in a church bulletin on the Monday after the service. Church-going customers received a free eight nugget or Chick-fil-A sandwich with the purchase of a side and drink. FFRF Staff Attorney Stephanie Schmitt wrote an Oct. 5, 2011, letter to Chick-fil-A owner Jeff Wier, advising him to put a stop to his discriminatory discounts. Schmitt pointed out that Florida's Civil Rights Act strictly warns against public discrimination based on religion.
Wier wrote to Schmitt on Jan. 18: "Stephanie, we are discontinuing the promotion effective 1-31-12."