-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. 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