-Caveat Lector-
from: AMERICAN ATHEISTS
subject: AANEWS for August 20, 1999
A M E R I C A N A T H E I S T S
#628~~~~~~~~~~~~~~~~~~ 8/20/99
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...
* Atheist wins Nativity suit, but town prevails
* Southern Regional Atheist Meet, September 26
* Statement from National Science Teachers on Kansas guidelines
* Atheist group organizing in Union County, N.J.
* Resources
* About this list...
END OF THE ROAD AS MASS. NATIVITY CASE RESULTS IN
"INSTRUCTION MANUAL" FOR RELIGIOUS DISPLAYS
After years of protest and litigation, it may be the end of the legal
road for Massachusetts American Atheists State Director Gil Lawrence
Amancio.
Even though he has won his federal suit against the town of Somerset,
Mass. for displaying a nativity creche outside the Town Hall during
Christmas, Amancio is now confronted with a legal dilemma. Under
threat of appeal from the government, Amancio -- represented by the
ACLU -- could lose in an appellate court given the current judicial
and political climate, or the City can simply continue to modify the
Christian Nativity scene -- literally adding some candy canes and
plastic Santa Claus statues -- thus rendering it sufficiently
"secular" to pass constitutional review. Worse yet, the ACLU
attorneys who represented the Atheist Director for the last two years
say that they will settle with the town fathers in exchange for an
agreement to receive $35,000 in legal fees and a pledge to drop any
subsequent litigation over the creche as it is displayed.
It's a less-than-spectacular end for a legal fight which began in 1997
when Amancio asked that the traditional Nativity display (which had
graced the front of the Town Hall for the previous six decades) be
relocated off government property to the front of a Baptist Church
across the street. When the city refused, Amancio filed suit in U.S.
District Court, saying that the creche clearly violated the separation
of church and state and conveyed to a reasonable observer government
endorsement of Christianity. Amancio prevailed; but rather than
remove the display or relocate it, town officials resorted to what has
become a proven ruse -- they added "secular" holiday kitsch items,
including an enormous plastic Santa Claus borrowed from the local fire
station.
Amancio branded the move a clear deception and a shabby attempt to
secularize a Christian religious icon -- the Nativity. In addition to
the giant "Santazilla," though, officials also began experimenting
with a mix of other items including a Jewish menorah, Christmas trees
and strings of holiday light.
"They're hoping that Santa Claus and the other decorations will
detract from the 'centrality' of the Nativity scene so that they can
sneak it under the wire of the First Amendment," Mr. Amancio told
AANEWS last December. "This is just another ploy to try and 'save the
creche' and continue to make what is clearly a religious statement."
Trouble is, though, that the ruse might have worked. Attorneys on
both sides opine that the display could now be sufficiently
"secularized" to pass constitutional muster. And even if Amancio wins
an appeal,courts are becoming stingy when it comes to reimbursing
attorneys for their legal fees. As a result, on Wednesday night, the
ACLU threw in the towel, and decided on a settlement with the
government of Somerset which read, in part, that the organization
agreed "in letter form, despite their reservations, they do not intend
to challenge in a lawsuit any future Town holiday display which is in
substantially the same form as the display erected by the Town in
1998."
Total ACLU legal costs ran to nearly $47,000. Somerset agreed to the
partial settlement because it simply did not want to risk losing the
suit, and have to absorb the costs of continued litigation.
Result -- a draw. Almost.
Amancio refused to be a party to the settlement. "This is
outrageous," he told AANEWS in an interview earlier today. "The
town's position is that they want to keep the Christian creche, and
now they've got what they wanted, all despite the court's decision.
The only thing that has happened is that other stuff like Santa and
plastic reindeer have been added to the display to secularize it."
"I didn't settle this or sign off or give either the ACLU or the town
of Somerset anything," Amancio added. "I'm still free to sue, but I'm
frustrated and disappointed. You throw up a bunch of Santa Claus
figures or a Jewish symbol and the court say you have enough
'diversity' to secularize it.
"Instruction Manuals" For Religious Display
Amancio also blasted the court for what he termed "providing
'instruction manuals' for governments that want to erect religious
displays on public property."
"They start with a Christian Nativity scene and add just enough candy
canes and lights and other stuff to where some court finds it
acceptable. It looks like the original judge in this case just gave
Somerset instructions on what exactly they had to do in order to keep
the creche there, like move it off to the side a bit and put up some
nonsectarian symbols."
"If you minimize the strong religious message just a little bit, it
suddenly becomes constitutional," Amancio lamented.
Indeed, the "term "instruction manual" may best reflect the tenor of
many court rulings which cumulatively have altered the interpretation
of the establishment clause to the point that governments are
successfully defending the display of Christian and other religious
symbols on public property, especially during holidays. On Monday,
for instance, the 8th U.S. Circuit Court of Appeals upheld a
presentation of the Christian Nativity and a Jewish menorah in front
of the Florissant, Missouri Civic Center. The court's ruling was
based largely on one portion of the U.S. Supreme Court's 1989
decision in ALLEGHENY v. ACLU, which found that a particular Nativity
display was in a "setting that negates the endorsement effect (and)
includes things such as location and surrounding objects."
In order to pass constitutional muster, governments and religious
groups which desire to place sectarian icons on public land must avoid
the "appearance" of government endorsement of religion, or the sense
that one religion is being endorsed over another. To do so requires
legal maneuvering. The display should avoid "centrality" --
preferably by being to one side of a larger setting -- and, if
possibly, not be conspicuously linked to an obvious symbol of
government authority like a City Hall (although this requirement, too,
can be circumvented). Other religious symbols must be included so as
to give the impression of an ecumenical hodgepodge. Finally, the
display can be "secularized" by throwing in holiday kitsch items such
as plastic Santas, reindeer, wreaths, lights, and greeting signs that
reflect a nonsectarian message like "Happy Holidays."
Not all religious groups support this compromise, though. A
representative of the National Legal Foundation expressed mixed
feelings about the Missouri ruling, saying that the "plastic Santa
rule" was "silly."
But something else is happening on the litigation front, and Amancio's
case may be a bellwether. Filing suit against persistent violations
of the establishment clause is a costly and time-consuming enterprise,
and with rising legal expenses, even cause groups may choose to cut
their loses and become more selective in choosing cases. "It's like
trying to put out an endless number of brush fires," said Ellen
Johnson, President of American Atheists. "There seems to be a sense
among religious groups and local governments that they can get away
with just about anything, or will try to get away with something until
somebody complains and makes the effort to raise money and hire a
lawyer." She added, "Thanks to the 'instruction manuals' and biased
ruling from the courts, it will become increasingly difficult to
uphold the separation of church and state, especially when it comes to
trying to stop religious displays on public property."
Meanwhile, Amancio faces an uphill battle, in part due to the
premature end of at least this portion of his legal case. "I think
that Somerset will start gradually taking away the plastic Santa and
other things which they say 'secularizes' the display," he declared.
"They'll try to operate just barely within the technical limits of the
law, or what they think they can get away with to make sure that the
Nativity scene stays up."
**
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.
Speakers for the Southern RAM include:
* Ellen Johnson, President of American Atheists speaking on "The Need
for Atheist Activism."
* Carletta Sims, Tennessee State Director, American Atheists. Ms.
Sims will discuss her role as an activist defending the wall of
separation between church and state in the Bible belt.
* Allen Snyder, Department of Philosophy at West Virginia University
will discuss his intellectual journey toward Atheism.
* Michael Chandler, Assistant Vice Principle will discuss his fight to
preserve the First Amendment in DeKalb County, Alabama schools.
* Conrad Goeringer, Contributing Editor and Staff Writer for American
Atheist Magazine will speak on "Apocalypse Now? Date-Setting, 'Signs
& Wonders,' the Antichrist and Other Artifacts of the Millenarian
Imagination."
and... * A special guest appearance by a leading constitutional
attorney who will address the problems encountered with state and
countries infringing on the Bill of Rights!.
Check your membership newsletter or the American Atheists web site at
http://www.atheists.org/tn/ for more details -- but mark your calendar
now, and plan on attending the Southern RAM!
**
STATEMENT FROM NATIONAL SCIENCE TEACHERS ASSOCIATION ON
KANSAS BOARD OF EDUCATION STANDARDS
ARLINGTON, Va., Aug. 13 /PRNewswire/ -- The following statement was
issued today by the National Science Teachers Association in response
to the Kansas State Board of Education's actions to remove evolution
from state standards:
The Kansas State Board of Education's 6 to 4 vote to remove the
teaching of evolution from the state standards does a disservice to
the students of Kansas. The National Science Teachers Association
supports the position that evolution is a major unifying concept of
science and should be included as part of science frameworks and
curricula.
It is obvious that the battle to educate children in science is still
to be won. Misguided activities by the Kansas State Board of
Education and others to weaken the teaching of evolution provide
evidence of this. However, the progress that has been made to
unfetter the science curriculum and evolution education from parochial
viewpoints must continually be supported and reiterated.
Current efforts to reform schooling at the state level emphasize the
use of standards and measures of accountability. As a result, 49
states have formulated standards that provide various degrees of
specificity as to what K - 12 students should know and be able to do.
These standards are policy documents that represent a consensus by
diverse audiences in each state.
A review of the science standards of 40 states shows that all include
some emphasis on evolution. Various concepts important to
evolutionary theory are dealt with in various degrees of specificity
and comprehensiveness in these policy documents. If curriculum
decisions are based on these standards, evolution will receive
unprecedented emphasis in the science classrooms of this nation.
Considering the history of evolution education in this nation and the
continued efforts of anti-evolutionists to intimidate policymakers and
educators, it is quite significant that the science standards of most
states both include and emphasize evolution. The presence of these
standards, along with judicial rulings that the teaching of evolution
cannot be prohibited and that equal time mandates for creationism are
unconstitutional, provide science teachers with the support they need
to teach effectively.
Science teachers should not be bound by censorship, pseudoscience,
inconsistencies, faulty scholarship, or unconstitutional mandates as
they pursue their professional responsibility to provide quality
science instruction that helps students understand the natural world.
And it is important that all citizens support the growing movement to
place evolution in its rightful place in the biology curriculum.
NSTA encourages science educators and scientists to get involved in
their local school boards to ensure that the teaching of evolution in
the science classroom is a part of science frameworks and curricula.
The National Science Teachers Association is the largest organization
in the world promoting excellence and innovation in science teaching
and learning for all. Its 53,000-plus members include science
teachers of all grade levels, science supervisors, administrators,
scientists, business and industry representatives, and others involved
in science education.
(For background on the Kansas Board of Education story, visit
http://www.atheists.org/flash.line/evol3.htm -- Ed.)
**
NEW JERSEY GROUP ORGANIZING IN UNION COUNTY
Those AANEWS readers living in the Newark, N.J. metropolitan area may
want to check out a new Atheist/Freethought group being organized by
Joe Zamecki. Just drop by the Dunkin Donuts at Elmora/439 and Grand
Avenue on any Sunday beginning at 11:00 a.m. , or visit the group's new web
site at
http://www.angelfire.com/nj2/atheists -- or contact Joe directly
through [EMAIL PROTECTED]
**
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. Edited
by Conrad Goeringer, [EMAIL PROTECTED] Internet Representative for
American Atheists is Margie Wait, [EMAIL PROTECTED]
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