-Caveat Lector-
from: AMERICAN ATHEISTS
subject: AANEWS for May 18, 1999
A M E R I C A N A T H E I S T S
AANEWS
#573 ~~~~~~~~~~~~~~~~~~ 5/18/99
http://www.atheists.org
ftp.atheists.org/pub/atheists/
http://www.americanatheist.org
---------------------------------------------
A Service of AMERICAN ATHEISTS
"Leading The Way For Atheist Civil Rights
And The Separation Of State and Church"
----------------------------------------------
In This Issue...
* Atheists to rally Saturday, demand removal of S.F. cross
* More religious fallout from Littleton
* Ten Commandments town proposal is resurrected
* Resources
* About this list...
ATHEISTS READY FOR DEMONSTRATION, COURT BATTLE TO
REMOVE MT. DAVIDSON CROSS
It has been a long, hard fight for Dave Kong and John Messina.
The two men are plaintiffs in a suit challenging San Francisco's
historic Mt. Davidson cross, a 103-foot high steel-and-concrete
religious monument which sits in the middle of the city's largest
public park. Kong and Messina want the cross dismantled as a
violation of the First Amendment separation of church and state.
Their fight is just the latest round in a court battle which dates
back nearly 18 years -- and the end may be in sight.
Mr. Kong is California State Director for American Atheists; John
Messina is a prominent west coast First Amendment activist known for
his outspoken defense of the separation of church and state. For both
men, the fight to dismantle the Mt. Davidson cross has pitted them
against the courts, government boards, religious and civic groups and
even local civil liberties and "separationist" groups.
The cross was erected in 1934 on public lands, with public money; it
quickly became the new focus for religious groups and ceremonies,
including a popular Easter sunrise ecumenical service that has
attracted tens of thousands of worshippers over the decades. In 1980,
the American Civil Liberties Union filed the first of what would
become a series of lawsuits and other legal maneuvers, and challenged
the constitutionality of the city of San Francisco owning a sectarian
religious monument. Government officials maintained that the
structure had nothing to do with religion, but was rather a historical
artifact and "war memorial." That claim seemed a bit disingenuous,
though, in light of the history of the Mt. Davidson cross. Inside
its foundation, for instance, was a copper box -- a time capsule --
which includes newspapers, telephone directories from the period of
the dedication, two Bibles, rocks from the Garden of Gethsemane, even
a jug of water reportedly from the Jordan River. At the base is a
plaque inscribed with the words: "Sunrise Easter Cross/Mount
Davidson/First Service 1923."
It was in that year that the first Easter Sunrise service was held on
Mt. Davidson, San Francisco's highest point. Wooden crosses were
erected, then destroyed by fire over the years, or acts of vandalism.
In 1932, the City of San Francisco gained title to the land and
officially established the Park; one year later, the Board of Park
Commissioners voted to authorize the construction of a permanent
cross.
Considerable bravado and ritual surrounded the dedication ceremony,
and public officials were informed by the city attorney that all of
this was perfectly legal and would pass constitutional muster. In
Washington, President Franklin D. Roosevelt pressed a golden
telegraph key which activated a circuit to illuminate the new cross.
"Fifty-thousand people attended the event in the Park which took place
on the eve of Palm Sunday in order to illuminate the Cross for Easter
Weekend," noted a document from a subsequent court ruling.
The constitutionality of the cross was affected by the 1947 ruling in
EVERSON v. BOARD OF EDUCATION. That case involved a New Jersey law
which authorized local boards of education to reimburse parents whose
children attended local Roman Catholic schools for the cost of student
transportation. In the 5-4 decision, with the majority opinion
authored by Justice Hugo Black, the court upheld the practice saying
that providing transportation was only incidental to any religious
entanglement. But justices cited substantial historical sources
authored by Jefferson, Madison and others, and warned that the state
could not directly "establish" or compel financing of a sectarian
religious enterprise.
In CARPENTER v. CITY AND COUNTY OF SAN FRANCISCO, litigants,
including some local religious leaders, challenged the city's
ownership of the cross, saying that it violated the No Preference
Clause of the State Constitution, and the First Amendment of the
Federal Constitution. Lower court judgments were for the city, but on
August 20, 1996, the Ninth Circuit Court of Appeals upheld the
plaintiff's challenge. Noting that the Mt. Davidson cross conveyed
"great religious significance," the court ruled that it and similar
structures could not stand on government-owned land. As a result, the
57-foot high cross at Skinner's Butte in Eugene, Oregon was
disassembled; a cross at Kolekole Pass in Hawaii was also taken down.
San Francisco authorities, though, rather than tear down the Mt.
Davidson cross sought to "privatize" it by selling it to a private
group. Supervisor Amos Brown, also a local preacher, suggested that
the city convey it to an ecumenical religious "interfaith" group for
only $1. Eventually, the structure and approximately .38 acres of
land on which it resided, were "auctioned" to a local Armenian
cultural organization. There were numerous conditions on the "sale,"
and the cross and surrounding real estate was to remain open for
public use.
Local religious and other groups "signed off" on the sale, as did
plaintiffs in earlier court challenges; voters approved this cozy
arrangement in a citywide election. Only American Atheists spoke out
against the deal, accusing the city and religious organizations of
"trying to do by indirect means what they know they could not do by
direct means -- namely, keep the Mt. Davidson cross standing in a
public park."
Mr. Kong described the auction as fraudulent and "bogus," saying that
the Mt. Davidson cross should be taken down as officials elsewhere
had chosen to do with their unconstitutional religious monuments. In
November, 1997, suit was filed by American Atheists with Mr. Kong and
Mr. Messina as plaintiffs, asking for a preliminary injunction against
the sale and transfer.
Since then, the city has engaged in legal "hit-and-run" tactics which
have included long and costly depositions, legal motions and other
maneuvers. The latest was a complaint filed by the City and County of
San Francisco alleging that the Atheists' suit lacked merit and was
insufficient, and asking for a delay in the latest trial On May 3,
1999, U.S. District Judge Maxine M. Chesney rejected the city's
argument, noting: "Defendants (City and County of San Francisco, et
al.) have not shown good cause for bringing this matter by way of an
expedited motion, nor have they shown good cause for the relief
sought..."
As it stands now, American Atheists will have its day in court on May
31, 1999 when it challenges the circumstances of the bogus Mt.
Davidson Cross "auction." A support rally will take place this coming
Saturday, May 22 at 12 noon beginning at the foot of Mt. Davidson
(Lansdale and Dalewood). The "Tear Down The Cross" rally will
commemorate the newest phase in the legal fight to remove this
unconstitutional religious monument. Appropriate signs and banners
will be provided; this is a great way for Atheists and other
separationists to show their support for Dave Kong and John Messina.
For updates on this demonstration, contact Mr. Kong at
[EMAIL PROTECTED], via phone at (415-771-9872), or visit the
California American Atheists web site at
http://www.atheists.org/flash.line/affilcal.htm for more further
information.
**
LITTLETON MEMORIAL, TRAGEDY SPURRING RELIGIOUS RHETORIC
Weeks after the tragic shootings in a Littleton, Colorado high school,
religion and faith continue to emerge as important themes in
everything from discussions about a memorial to the victims, to
political campaign rhetoric.
Proposals to construct a permanent monument on public land to honor
the dead students and a teacher have raised concerns that inclusion of
sectarian symbols -- such as the impromptu Christians crosses which
were erected following the April 20 murders at Columbine High School
-- would violate the First Amendment. The Foothills Park and
Recreation District, though, has announced that no religious symbols
of any kind will be featured in any memorial. Edie Hylton, manager of
community services, told the Denver Post recently, "I understand on
one level that people are grieving, but any kind of religious display
on public property violates separation of church and state."
But First Amendment concerns are not discouraging Colorado Republican
Senator Wayne Allard, who says that he intends to inject "faith-based
fundamentals" into the public schools following the Columbine shooting
spree. Last week he introduced legislation that would have amended a
proposed wide sweeping juvenile justice measure in the Senate to
permit student prayer, bible recitation and the performance of
religious music at memorial services held on the grounds of any public
school to honor a "person slain on that campus."
This afternoon, that legislation seemed in trouble, and was bogged
down in partisan debate on the hill.
Allard told the Rocky Mountain news, "If the people of Colorado
believe that religious speech is necessary to memorialize the heroism
and tragedy at Columbine High School, then let them express themselves
with the most profound and durable expressions of the human heart."
Comparing the proposal with the policy of hiring chaplains to conduct
religious services at Arlington National Cemetery, he added that the
measure was a "dignified and proper government function."
But religious symbolism at an impromptu memorial park established for
the victims of the Columbine High shooting has already resulted in
controversy. Numerous religious icons, symbols and placards were
evident at Clement Park, including Christian crosses. An Illinois
resident generated controversy when he decided to erect 15 wooden
crosses, which would have honored 12 student victims of the shooting,
a teacher slain in the mayhem, and the two alleged gunman, identified
as students Eric Harris and Dylan Klebold. Two of the crosses,
presumably those dedicated to Harris and Klebold, were quickly removed
by unidentified persons.
At last report, all of the crosses are now gone, and park officials
have begun the task of clearing away the memorial debris. But now, a
local resident wants to trade a 1/2 acre parcel of land he owns to the
city in exchange for a similar plot in Clement Park, thus
"privatizing" the real estate and permitting the expression of
religion and faith.
There is more fallout from the Littleton tragedy, though. On the
campaign trail, in the congressional well and in front of news cameras
and microphones, political leaders continue linking their agendas with
faith-based rhetoric. The Philadelphia Inquirer noted that "the
abundant crop of presidential contenders seems to be running for the
job of spiritualist-in-chief."
Texas Governor George Bush, a favorite of Christian Coalition founder
Pat Robertson, tells audiences that Americans are finding their
spiritual roots "in churches, in synagogues, in mosques." Vice
President Al Gore contributes to the growing mythos surround those
Columbine High School students like Cassie Bernall "who stared death
in the face and affirmed their belief in God." Not to be outdone, GOP
hopeful Lamar Alexander tells the country to return to a time when
"scoutmasters, choirmasters and coaches" provided direction for
youngsters.
The Inquirer goes to quote GOP campaign strategist Jeff Bell, who
notes the striking trend where "everyone seems to be running for
preacher, Democrats as well as Republicans." He adds, "The real
competition is to say or propose something different. The marketplace
for 'family values' is very crowded, and it will stay that way,
because even six or eight months from not Littleton will still be
central to the presidential race."
None of this is lost on Bill Clinton, either. Despite his perception
as an unfaithful philanderer due to the Paula Jones, Monika Lewinsky
and other scandals, Clinton has successfully played the "religion
card." At a recent White House conference on violence where
entertainment industry execs, religious leaders and social experts
huddled in the shadow of the Littleton slayings, Clinton made sure
that clergymen were prominently displayed in the media coverage and
group photos. And the President and First Lady rarely miss a photo
opportunity to emphasize their own religious roots; exiting church,
Clinton is often scene carrying a small bible.
If anything, the rhetoric of spirituality is being defined by
hard-running religious right activists like GOP presidential candidate
Gary Bauer of the Family Research Council. Bauer ducks issues like
social policy, gun control or other proposals, favoring instead to
talk about his values agenda. Noting that the culture was "not
godless" when he was growing up, Bauer adds, "Everyone in my hometown
had hunting guns in their houses, but nobody ever went and got a gun
just to blast away..." Pollsters note that the shrill rhetoric coming
out of the Littleton tragedy may eclipse substantial political issues,
and that Democrats "have to be careful." The Gore campaign is sure to
follow the trend set years earlier by Tipper Gore, a cofounder of the
Parents' Music Resource Center, an early critics of sexual and
violence-tainted musical lyrics. In many respects, though, Gore and
the Democrats now come off as cheap, secondhand copies of the
Republicans who have charged that Hollywood -- often in collusion with
the Democrats -- has polluted and destroyed family values.
Thus, the Littleton shootings remain a defining moment in fin de
siecle American culture, an event which is reshaping political
discourse and fueling the debate over religion and values in a secular
society. Few political leaders seem willing to risk explicitly
defending the First Amendment's guarantees of free expression and the
separation of church and state. Amidst the widespread public
perception that the country is, literally, going to hell, calls for
more government supervision and religious faith are more compelling
than ever.
**
PROPOSAL FOR COMMANDMENTS-JESUS BASED
TOWN IS RESURRECTED
Let's call this a very bad idea that simply will not die.
In Brooksville, Alabama, Rev. James Henderson is continuing with his
efforts to declare a new municipality which will be based on the
teachings of the King James Bible and the Ten Commandments. A
proposed town charter reads, "It is our intent to conduct the
community's business according to the teachings of Jesus Christ."
Henderson, a Pentecostal preacher has the support of nearly 200 other
citizens in this Alabama hamlet, and despite recent setbacks intends
to submit a petition of incorporation to an Alabama court sometime
next month. In mid-April, Morgan County Probate Judge Bobby Dee
announced that an earlier incorporation document "does not meet the
minimum standards laid out in the Alabama Code." That isn't stopping
Henderson, though, who says that his goal is to create a community
which will have "no property restrictions, no building permits, no
paid mayor and council, no million-dollar town hall, no taxes, no red
tape and no secrecy."
According to the Washington Post, Henderson says that all decisions
will be made by meetings held in local churches.
While the paper described the scheme as "a blend of religious
moralism, radical libertarianism and a heavy dose of nostalgia, "
there is actually very little in Henderson's ad hoc, utopian design
that is libertarian and freedom-oriented. Despite the facade of an
absence of government coercion, there would be a surplus of social and
community bullying. The Post notes, "If a sinner should sprout among
them, his punishment will not come from a code book. The town may try
'ostracizing' an adulterer or a homosexual, or residents may try
showering him with love, kneeling before his doorstep to ask God to
intervene in his life..."
"We see this town as another pulpit for Christianity," declared
Henderson.
Local communities will be on hand next month to challenge the
Christian community proposal, and there is word that the American
Civil Liberties Union may take legal action since Henderson's Ten
Commandment-worshipping municipality would surely violate the
separation of church and state. But we can think of several good
reasons why it would be interesting to let Henderson and his brethren
proceed with their plan, if only for a short time.
Despite the public facade of distrusting government, no community
which claims to be based on "Bible law" -- and this goes for Christian
Reconstructionists as well -- can long survive without sooner or later
giving in to the temptation to use legal force. Sooner or later, the
tactic of praying and preaching falls on deaf ears; religionists must
turn to more proven tactics, such as using the mechanism of the state
to compel the observance of their laws and doctrinal prejudices. An
Atheist, homosexual, adulterer, or any other nonconformist who ignores
the Bible-blathering zombies is too tempting a target; "love" and
preaching are quickly exchanged for the policeman's baton, or a local
government ordinance forbidding certain practices. As American
Atheist National Spokesman Ron Barrier has declared in reference to
Christian conservatives (those strange political animals of the social
and religious right), "No government is ever big enough" to enforce
the word of God.
Henderson is reportedly inspired by the book, "The Myth of Separation:
What is the Correct Relationship Between Church and State?" authored
by David Barton of the Texas-based Wall Builders organizations. In a
nutshell, Barton declares that the separation of government and
religion is not a component of the U.S. Constitution, has no basis in
history or jurisprudence, and that the United States was founded as a
Christian nation. Naturally, historians and separationists take issue
with Barton, who has come under attack for sloppy scholarship, quoting
out of context, and possibly even the invention of quotes from noted
historical figures in order to advance his thesis.
It may be that along with the religious component in this Christian
community proposal, there is the more subtle distrust of modernity.
Henderson cites memories of "what's been taken away from us,"
specifically the reading of scripture before the class day, student
presumably singing religious hymns at football games -- did the scores
improve? -- and the overarching presence of the Ten Commandments.
But the real issue may be the expansion of nearby Priceville, an
incorporated municipality that threatens to gobble up what's left of
Brooksville, Alabama. Many of Henderson's supporters fear the
"creeping commercialism" of the strip malls and subdivisions -- places
which are often despised in public speech but visited and patronized
by many people.
Exactly how a Christian municipality would function is unclear;
homosexuals may be shunned, but what about a resident who, citing the
absolute control of private property, opens a Burger King franchise?
"We don't want a Wal-Mart in the middle of Brooksville," declared one
supporter, "Not today, not 10 years from now, not ever."
**
RESOURCES FROM AMERICAN ATHEISTS...
* For information about American Atheists, send mail to
[EMAIL PROTECTED] Please include your name and postal mailing
address.
* For a free catalogue of American Atheist Press books, videos and
other products, send mail to [EMAIL PROTECTED] Kindly include
your postal mailing address.
* The American Atheist Magazine is now on the web! Check out select
articles from the current or back issues, as well as special web-only
features. Visit us at http://www.americanatheist.org
* If you are a current member of American Atheists, sign up for our
e-mail discussion group, aachat. We have over 120 participants who
discuss topics such as Atheism, religion, First Amendment issues and
lots more! Contact Margie Wait, the Moderator, through
[EMAIL PROTECTED]
ABOUT THIS LIST...
AANEWS is a free service from American Atheists, a nationwide movement
founded by Madalyn Murray O'Hair for the advancement of Atheism, and
the total, absolute separation of government and religion.
You may forward, post or quote from this dispatch, provided that
appropriate credit is given to AANEWS and American Atheists. Edited
by Conrad Goeringer, [EMAIL PROTECTED] Internet Representative for
American Atheists is Margie Wait, [EMAIL PROTECTED]
----------------------------------------------------------------------
To subscribe, send a blank message to [EMAIL PROTECTED]
DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing! These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://home.ease.lsoft.com/archives/CTRL.html
http:[EMAIL PROTECTED]/
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
