-Caveat Lector- ----- Original Message ----- From: <[EMAIL PROTECTED]> from: AMERICAN ATHEISTS subject: AANEWS for August 11, 1999 A M E R I C A N A T H E I S T S #622 ~~~~~~~~~~~~~~~~~~ 8/11/99 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... * Johnson to Rodham: Bill can help to stop Boy Scout discrimination * American Atheists to protest PK in Charlotte, NC this Saturday * Religious groups want zoning exemptions * Southern Regional Atheist Meet (RAM) September 26, choo-choo town * Resources * About this List... JOHNSON TO RODHAM, WHITE HOUSE -- YOU CAN DO SOMETHING TO END DISCRIMINATORY SCOUT PRACTICES If letters, faxes and press releases don't help, maybe a word to the in-laws will. Last night during an appearance on the ABC network program "Politically Incorrect," American Atheists President Ellen Johnson discussed the discriminatory policies of the Boy Scouts of America with respect to their exclusion of atheists, homosexuals and others, and urged co-panelist Tony Rodham to pass the word -- tell your brother-in-law that as "Honorary President" of BSA, he can do something to change that organization's practices. Rodham is brother to First Lady Hillary Rodham Clinton. President Bill Clinton continues a long tradition where the commander-in-chief also serves as Honorary President of the Boy Scouts of America. The debate over the scouting organization has intensified in the wake of lawsuits challenging the discriminatory practices of the BSA which require applicants to swear a religious oath and be of "morally straight" character. Those stipulations have been used to exclude gay and atheist youngsters, a policy which critics say conflicts with other parts of the BSA's positive mission. Plaintiffs who have taken the Boy Scouts to court argue that the standards are also discriminatory, and that as a "public accommodation" the BSA is violating federal and state civil rights statutes. Atheists throughout the country have argued against BSA policies, and the involvement of public institutions such as schools in promoting the scouting program. In Oregon, atheist activist Nancy Powell has been challenging officials and insisting that by permitting exclusionary groups like the scouts to recruit in local schools, they are perpetuating discrimination. Chicago-area civil rights activist Rob Sherman has urged government agencies which sponsor BSA units to end their affiliation, and Pennsylvania atheist Margaret Downey has unsuccessfully tried to alter scout policies through the courts. One crucial legal issue is whether organizations like the Boy Scouts are a private group or "public accommodation" which is thus subject to anti-discrimination laws. While the BSA says that no one is compelled to join the scouting group, critics point to a close relationship between the Boy Scouts and local government agencies including schools, fire and police departments which "sponsor" scout units. "I'm not trying to tell private organizations what they should or should not do," Ellen Johnson told AANEWS following last night's "Politically Incorrect" appearance. "But it's hypocritical to say to youngsters that it's OK to associate during the regular school day with certain kids who happen to be gay, or atheists, then exclude them from scout meetings because of sexual or philosophical differences." Johnson said that the exclusionary BSA policies "show that the Scouting organization needs to enter the twentieth century and catch-up with the other institution in American society which have made an effort to become more tolerant and inclusive." "You shouldn't be excluding millions of kids because of their sexual orientation, or the fact that they don't go to church," Johnson added. Last Wednesday, the New Jersey Supreme Court ruled that the Boy Scouts were indeed a public accommodation and that exclusion of homosexual boys or leaders violated state anti-discrimination laws. State high courts in California, Oregon, Connecticut and Kansas, however, have differed and consider the BSA to be a strictly private group. The New Jersey case was brought by a former Eagle Scout and assistant scout master who was expelled from the BSA in 1990 after local scouting leaders learned that he was also a gay rights activist. James Dale, now 29, found his experiences with the Boy Scouts to be a valuable learning process, though, and says that the scouts "taught me a long time ago the difference between right and wrong. Nine years ago, I was kicked out of the program, I knew it was wrong." The Scouts are mulling an appeal in the New Jersey case. BSA spokesman Greg Shields told reporters last week, "This is a constitutional issue. We think the Supreme Court will be interested in hearing it." Shields reaffirmed the Boy Scouts requirement that applicants be "morally straight," which has been part of the BSA code since its founding in 1910. The debate over the scouts is also polarizing religious and political groups. Reacting to last week's court ruling in New Jersey, the Family Research Council charged that the decision "victimizes the Boy Scouts and devastates the freedom of association in America." It also blasted the court's reasoning in declaring the BSA to be a "place of public accommodation" because of its partnership with public entities. "The state Supreme Court has defined the Boy Scouts as nothing more than a hotel, hospital or restaurant. All must be accommodated, regardless of beliefs," noted a FRC press broadside. A similar opinion was voiced by Pat Robertson's American Center for Law and Justice (ACLJ) which declared, "This decision tramples on the First Amendment free speech and freedom of association rights of the Boy Scouts." ACLJ Director Jay Sekulow predicted that the matter would end up before the U.S. Supreme Court, and added that ACLJ had filed an amicus "friend of the court" brief in the New Jersey case for the Boy Scouts on behalf of four U.S. Congressmen. They are: Rep. Robert Aderholt (Ala.), Rep. Ernest Istook (Ill.), Rep. Asa Hutchinson (Ark.) and Rep., Charles Pickering (Miss). The ACLJ brief declared that the group "opposes the misuse of state anti-discrimination laws to compel individuals and organizations to endorse currently fashionable sexual ethics." Churches are also taking up the debate over the scouts. Today's Washington Times notes, "Court battles over the Boy Scout ban on admitting homosexuals, based on its 'God and country' doctrine, appear to be spreading to church groups that sponsor scouting." The paper adds that the United Methodist Church, which sponsors nearly 12,000 scouting units, may soon debate whether or not to continue its association with the Boy Scouts. The Times notes that "Churches as a group sponsor 62 percent of Boy Scout troops at all age levels, accounting for 55 percent of all boys in scouting." Among them are 31,402 BSA units affiliated with the Mormon Church which are organized into "wards" and account for a total scout membership of over 412,000 youngsters. Roman Catholic churches sponsor 9,635 troop units, Baptists account for 4,973, Lutherans an estimated 4,364, Presbyterians 3,981, Episcopalians 1,413, Disciples of Christ 1,124 and United Churches of Christ Congregational 1,414. Are the scouts likely to change their discriminatory policies in the near future? Mr. Shields declared, "I can tell you with all confidence that the Boy Scouts policy on homosexuals has not changed. We believe homosexual conduct is inconsistent with the Scout oath and law." Right now, most attention in this case involves gay youngsters; but with the 'God' oath and other religious components, the BSA -- and possibly the Supreme Court -- may have to confront the question of equal rights for atheist youngsters as well. "President Clinton could have a real impact on this case, all without dragging the courts into the picture," declared Ellen Johnson. "Legal or not, discrimination is wrong when you penalize youngsters because they don't match sexual or religious stereotypes." Johnson added that with Mr. Clinton being the Honorary President of the BSA, "He has enormous influence on bringing constructive pressure regading this policy to the attention of the BSA leadership." "It's time for Clinton to set a good moral example," Johnson noted. "He isn't facing reelection, and he can take a stand based on principle rather than political expediency." ** ATHEISTS TO PICKET PROMISE KEEPERS AUGUST 14, NORTH CAROLINA American Atheists will host a peaceful demonstration of the Promise Keepers rally in Charlotte, North Carolina next Saturday, August 14. Members and supporters of AA will gather at the main entrance to the Charlotte Coliseum on Tyvola Road from 11:00 a.m. to 1:00 p.m. The purpose of this protest is to call attention to the sexist, homophobic and reactionary agenda of the Promise Keepers movement, and its ties to political active religious-right organizations. "Promise Keepers is exploiting legitimate concerns about problems in today's society, particularly how these concerns affect men," says Wayne Aiken, North Carolina State Director of American Atheists. "As 'traditional' roles in our society change, it is tempting to blame many of our social problems on this change, while ignoring the positive benefits." Referring to those seduced by this blame-game, Aiken added, "Promise Keepers capitalizes on the confusion of modern life in order to ideologically mold these men, using manipulative cult techniques, into the next wave of the 'Religious Right.' " Appropriate signs and banners will be provided in keeping with the theme of this peaceful demonstration. For more information, visit http://www.atheists.org/nc/ or contact Mr. Aiken through [EMAIL PROTECTED], or ** ZONING, RELIGIOUS PRACTICES COLLIDE: A NEW TEST OF RLPA? Every week, nearly a dozen women attend a prayer meeting in the Denver home of David and Diane Reiter. Nearly two thousand miles away, the Rev. Kenneth Greathouse of the Apostolic Worship Center wants to continue leasing space in a Homestead, Florida strip mall. But both the Reiters and Rev. Greathouse are now locked in legal battles which test the interests of those seeking to practice their religion against local neighborhoods and governments. The cases involve the question of whether municipalities can put any restrictions whatsoever on religious groups through zoning and land-use restrictions, as they do with private businesses or even residential homeowners. And both are part of the larger question of "religious rights" now under consideration on capitol hill as legislators mull the proposed Religious Liberty Protection Act, RLPA. Supporters of RLPA maintain that the legislation is necessary to guarantee the free exercise of religion in the face of growing government entanglement and regulation. Last month, the House of Representatives passed its version of the Religious Liberty Protection Act which requires government to use a "compelling interest/least restrictive means" test when dealing with faith-based groups and practices. A similar measure in the Senate is still under consideration, and that body is expected to take up the matter again when it reconvenes next month following the August recess. If passed, RLPA would make it harder for local and state governments to "burden" religious groups with the sorts of laws, regulations and ordinances which apply to businesses, secular groups and private individuals. That's discrimination, charge opponents of RLPA, who say that the bill amounts to "entitlement legislation" for churches, mosques, temples and other faith-based organizations. Take the case of the Reiters, who have been hosting weekly Bible study and prayer gatherings in their home since early 1998. In October, the City of Denver issued a cease-and-desist order stating that it holding any meetings more than once a month violated the city code. Zoning Administrator Kent Strapko told the Denver Post that the ordinance "pertains to all meetings that would be held in private homes on a regular basis, not just prayer meetings," and added that neighbors had complained about traffic, noise and other issues. The Reiters appealed their case to the Denver Board of Adjustment for Zoning but lost, and have now filed a lawsuit in the U.S. District Court arguing that their rights of free speech and peaceable assembly has been violated. Rev. Greathouse's situation is more complex. He and the Apostolic Worship Center have filed suit against the City of Homestead's restrictions which apply to the town's commercial district. An ordinance enacted last May requires any religious group operating within the special commercial zone to abide by a long list of regulations having to do with everything from occupancy limits to parking requirements. Some of the stipulations resembled those which many communities apply to commercial establishments such as bars, movie theaters or even adult bookshops. But an attorney with the legal group representing Greathouse insists that the ordinance targets faith-based groups and violates First Amendment rights to free speech, assembly and the exercise of religion. The suit cites the First and Fourth Amendments to the Constitution, as well as the Florida Religious Freedom Restoration Act (RFRA), a state-level version of the Religious Liberty Protection Act. An attorney for the City told the First Amendment's Freedom Forum that the ordinance "was not anti-religious in any way," and that the municipality originally wanted to encourage churches and other houses of worship to locate in residential rather than commercial neighborhoods. Indeed, the creation of "commercial zones" has been a hot strategy in revitalizing communities and generating revenue for local governments. But locating churches in residential areas leads to problems as well. Two groups of neighbors in Belmont, Mass. are suing local officials charging that they violated zoning and land-use regulations by permitting the construction of an enormous Mormon (LDS) temple in their residential community. So, who's right? Religious groups often cite the protections of the First Amendment; but a growing interest-coalition of neighborhood activists, residential associations, local planners, environmentalists and others say that the same regulations which apply to private land owners or business should also be binding for faith-based sects. In Denver, Mr. Strapko noted, "The ordinance gives the city the authority to protect residential neighborhoods from anything beyond reasonably expected activity that is not uncommon or disruptive," and mentioned "football parties, yard sales and religious meetings." "We don't distinguish, ever." Strapko added that the city took action over the weekly prayer gatherings "because of (their) impacts on adjacent properties," noting that "Complaints were made because of parking issues." Neighbors holding regular business meetings, parties or other non-appropriate events may be accepted as just cause for a city to intervene. And businesses locating in commercial zones are already used to the maze of regulations which local governments often employ, affecting everything from parking and noise to occupancy and fire safety. Should a church, mosque, or synagogue be any different? Do neighbors have a right to complain over noise, pollution, parking or other problems whether generated by a night club or "mega-church" in the middle of their neighborhood? It is a question which, increasingly, is ending up in both courts and legislatures -- and no perfect resolution seems likely. ** SOUTHERN REGIONAL ATHEIST MEET (RAM) SCHEDULED FOR SUNDAY, SEPTEMBER 26 IN CHATTANOOGA, TN. Mark your calendar, and plan to get there -- by car, plane, or even the famous choo-choo. American Atheists will host the Southern Regional Atheist Meet (RAM) on Sunday, September 26 in Chattanooga, Tennessee at the beautiful Radisson Read House at 827 Broad Street. The Regional Atheist Meet (RAM) is a one-day conference organized by American Atheists which features lectures, panels and social events; we are still in the process of planning the RAM, but scheduled speakers so far include American Atheists President Ellen Johnson and writer Conrad Goeringer. Check your membership newsletter or the American Atheists web site for more details -- but mark your calendar now, and plan on attending the Southern RAM! ** 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] or send mail to [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. 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