-Caveat Lector-
from: AMERICAN ATHEISTS
subject: AANEWS for June 12, 1999
A M E R I C A N A T H E I S T S
AANEWS
#587 ~~~~~~~~~~~~~~~~~~ 6/12/99
http://www.atheists.org
ftp.atheists.org/pub/atheists/
http://www.americanatheist.org
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A Service of AMERICAN ATHEISTS
"Leading The Way For Atheist Civil Rights
And The Separation Of State and Church"
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In This Issue...
* Another defeat for public aid to religious schools
* Nebraska officials reject creationism in public schools
* TheistWatch: Falwell warns of "homosexual propaganda" on PBS
* Resources
* About this list...
VERMONT COURT RULING IS ANOTHER DEFEAT FOR VOUCHERS
Public taxpayer money may not used to subsidize tuition for students
attending religious schools, the Vermont Supreme Court ruled Friday.
The decision in the case of CHITTENDEN TOWN SCHOOL DISTRICT v.
VERMONT DEPARTMENT OF EDUCATION was unanimous, although the justices
may have left the door open for some voucher aid to sectarian schools
if controls are in place to guarantee that tax dollars are not used
for religious instructions.
Writing for the majority, Justice John Dooley opined, "We focus on the
Vermont Constitution and conclude that a school district violates (the
State constitution) when it reimburses tuition for a sectarian school
... in the absence of adequate safeguards against the use of such
funds for religious worship."
The case stems from a move made in 1995 by the school board of
Chittenden, Vermont, to subsidize tuition of students to attend
Catholic Mount St. Joseph Academy in neighboring Rutland. The town
of Chittenden does not have its own public high school, and as in the
case of Maine, pays for students to attend public or private schools
in other communities. The Vermont Department of Education stopped its
portion of financial assistance to the school district, though, when
the board approved vouchers for 15 local students to attend the
parochial school. The town filed suit in Superior Court, and in 1997
a judge ruled against the use of vouchers in that case.
Justice Denise Johnson wrote that while she agreed with the high
court's decision, she found that any form of subsidy to sectarian
schools -- even with controls -- would run afoul of the state
constitution. "While I agree with the result reached by the
majority," she opined, "I believe that the majority asks and answers
the wrong question, causing it to delve into a lengthy and unnecessary
analysis of the distinction (or lack thereof) between religious
education and religious worship." Johnson added that citizens cannot
be compelled to support or subsidize any place of worship, and that
Mount St. Joseph school is such a place.
Attorney William Meub who represented the Chittenden School Board said
that the court's verdict "is throwing the ball back to the
Legislature, and legislative bodies like school boards," which would
presumably design ways of restricting how public funds would be spent
by religious schools. "And if you can find a way, folks, to solve
that problem, then you can money to sectarian schools, and we will
evaluate it on a case-by-case basis."
Associated Press noted that the court decision "gave no opinion on how
the state should come up with a tuition scheme that would comply" with
the constitution.
Vermont Attorney General William Sorrell said that the ruling "leaves
an awful lot of unanswered questions," adding that the court "goes out
of its way to list a number of issues on which it's expressing no
opinion, and making no decision."
Bob Chase, President of the National Education Association (NEA)
hailed the ruling, saying "America's children won an important victory
today. Now let's get back to the job of improving public education
instead of siphoning off scarce public resources for the benefit of a
privileged few." NEA was one of the sponsors of the suit.
The Vermont decision comes following rulings by appellate and state
courts. On May 27, 1999, the First Circuit Court of Appeals ruled
that voucher subsidies to religious schools violate the U.S.
Constitution's First Amendment separation of church and state; that
decision is binding in Maine, New Hampshire, Massachusetts, Rhode
Island and Puerto Rico. Supreme Courts in Maine and Ohio have also
struck down voucher programs, although the Wisconsin Supreme Court
upheld the constitutionality of a Milwaukee voucher scheme.
**
NEBRASKA OFFICIALS REJECT CREATIONISM, VOTE TO MAINTAIN
EVOLUTION TEACHING STANDARDS
The Nebraska Board of Education voted Friday to reject efforts to
"broaden" school science curriculums which could have permitted the
teaching of so-called creationism and other religious accounts along
with evolution. In a 5-3 move, the board agreed to approve the extant
set of classroom standards that list evolution as the only body of
factual evidence concerning the origin of life that will be presented
to youngsters in the public schools.
State Education Commissioner Doug Christensen told the Lincoln Journal
Star newspaper that the board "did the right thing relative to
maintaining the integrity of science."
Changes had been proposed by board member Kathy Wilmot, who maintained
that her proposal was not based on religion. "I can say today there
certainly is evolution working our world," declared Wilmot. "It's
working in this room today." Dismissing concerns that her proposal
was simply designed to advance creationism in the schools, she
continued, "If we allow the fears and paranoia voiced in this room
today, we will rob Nebraska students of the most comprehensive and
most effective science."
But Wilmot's religious and social agenda is a matter of public record,
and appears to have little to do with science. Though serving as an
elected member of the Nebraska State Board of Education, she is also
founder of the "Protection of Education Rights Council," a group which
encourages members to form "prayer chains" to elect religious right
candidates. She is also a supporter of Phyllis Schlafly's Eagle Forum
group, and shared the podium at a Forum-sponsored "Educational Policy
Conference" with Bob Allen (co-producer with Dr. D. James Kennedy of
the "Truths That Transform" program), Bible handbook author Berit
Kios, and Judge Roy Moore of Alabama.
Board members as well as the majority of the two-dozen people
addressing the group in two hours of public testimony saw through
Wilmot's agenda, and urged that the standards be kept in place. Dr.
Nancy Lindsley-Grinnfin, professor of geosciences at the University of
Nebraska, warned officials, "Don't try to confuse what really is
religious belief with scientific method and scientific theory." Rev.
Otis Young, of Lincoln, Nebraska's First-Plymouth Congregational
Church opined that he opposed any teaching of creationism, adding "I
don't want anybody messing in my territory."
Supporting the proposed changes was Dr. Brad Schaefer, chief of
medical genetics and a professor at the University of Nebraska Medical
Center. "By all means show them (students) where Darwinian theory
excels in biology," he told the board. "We all agree evolution
happens ... However, also show them where Darwinian theory fails."
Without citing specifics, he maintained that "The theory of evolution
is fraught with problems, and is being overtaught." Stanford Kaplan,
also a professor at UNL geocsciences, said that while he teaches
evolution, he does not believe it as absolute truth, only a theory
based on the best evidence available. "I believe in God, but I cannot
prove my religious beliefs," he added.
Rather than defend creationism or attack specific points in Darwinian
evolution, Ms. Wilmot instead argued from a position of academic
"fairness" and described evolutionary doctrines as a "theory."
"Right now our standards only deal with one theory -- that is,
evolution," she told Reuters news service. "If we would have put a
variety of theories in here for students to hear about, we would have
the most comprehensive, most effective science instruction possible."
Her claim echoed complaints voiced by the Nebraska Attorney General,
who objected that the standards used by the board of education
promoted evolution as a scientific fact instead of a theory, and could
clash with the religious beliefs of some students.
Voting in support of the present science standards were board members
Kim Peterson, Ann Mactier, Beverly Peterson, Stephen Scherr and Fred
Meyer. Those voting to change the standards and allow competing
"theories" were Ms. Wilmot, Rick Savage, and Kathryn Piller.
The board's decision now sends the standards back to the review
process; state chief deputy Attorney General Steven Grasz says that he
"does not anticipate any problems." If approved, they would then go
to the office of Gov. Mike Johanns, a fundamentalist Christian for
his final approval. Johanns recently declared an official "March for
Jesus" day.
**
THEISTWATCH SHORT SHOTS
Texas Governor George Bush, the front-runner for the Republic
presidential nomination, has signed into law a bill mandating that
parents be notified when minor daughters seek to have abortions.
"This law both respects families and protects life," Bush declared at
Monday's signing ceremony. The new law stipulates that an unmarried
girl under the age of 18 cannot get an abortion without at least one
of her parents being notified or unless she obtains court permission.
Though the legislation falls slightly short of the "parental consent"
laws being promoted by some religious conservatives, the Texas statute
should strengthen Bush's standing with those groups. In March, Bush
announced that he was ready to support a constitutional ban on all
abortions, but only it voters approved. He declared that "America is
not ready to ban abortion."
That statement set off a debate throughout the anti-choice movement,
prompting allegations that Bush -- already under fire for being a
self-described "compassionate conservative" -- was soft on the
abortion issue. Pat Robertson stepped in to assure his supporters
that his good friend George, Jr. was "strongly pro-life."
Critics of parental notification and consent charge that such laws are
simply a political wedge to gradually erode abortion rights, and that
they could endanger young women in dysfunctional families. According
to CBS news, of the 84,870 abortions reported in Texas in 1997,
approximately 5,500 involved minors.
**
Jerry Falwell has moved on from gay Teletubbies to an award-winning
documentary program scheduled to air on PBS stations beginning this
month. In an alert to his supporters, Falwell charged that the video,
"It's Elementary: Talking About Gay Issues In Schools" is "homosexual
propaganda" and "an abomination to the youth of America."
Falwell also urges supporters to contact PBS stations to not air the
documentary. ; 57 stations have signed up to broadcast the video,
which shows teachers addressing gay and lesbian issues with elementary
school students across the country. Directed by Academy Award-winner
Debra Chasnoff, "It's Elementary" is described as "a groundbreaking
film that offers viewers a window into what happens when teachers
address gay and lesbian issues with their students in age-appropriate
ways."
**
In Florida, the Roman Catholic Diocese of Venice has agreed to pay
$500,000 to end a lawsuit alleging that church officials failed to
stop an altar boy from being molested by a parish priest and choir
director. The suit charged that Bishop John Nevins and Rev. Nicholas
McLoughlin, pastor of St. Charles Borromeo Catholic Church, where the
abuse occurred, failed to take steps to avoid the molestation. The
choir director pleaded guilty to sex abuse charges in 1993 and
received a 20 year prison sentence. The former pastor, Rev. Nicholas
McLoughly, is now living in Ireland. The abuse allegedly took place
over a 2 1/2 year period.
*
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