-Caveat Lector- from: AMERICAN ATHEISTS subject: AANEWS for July 13, 1999 A M E R I C A N A T H E I S T S #607 ~~~~~~~~~~~~~~~~~~ 7/13/99 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... * Court nixes "ichthus" on Republic city seal * Something's fish about this symbol * Oregon Senate restores faith-healing exemption * Smith defects to USTP as religious right fragments * Resources * About this list... FISH SYMBOL ON TOWN SEAL VIOLATES CONSTITUTION A federal Judge has ruled that the inclusion of a Christian fish or "Ichthus" symbol on the town seal of Republic, Missouri violates the First Amendment's establishment clause. On Friday, Senior U.S. District Judge Russell G. Clark rejected arguments by city officials who said that the fish was merely a "universal symbol of religion" and was designed to encourage morality. Clark noted, "The portrayal of the fish impermissibly excludes other religious beliefs or nonbeliefs and -- intended to or not -- depicts Christianity as the religion recognized and endorsed by the residents of Republic." The seal was challenged by Jean Webb in July, 1998. At the time, Webb -- who describes herself as a member of a Wiccan group -- resided in Republic, having moved there in 1995. She penned an opinion piece in the local newspaper which criticized the seal, and argued that the fish symbol was distinctly Christian in its meaning, and conveyed the message that other religious beliefs would not be welcomed in the community. The ichthus had been on the town seal since 1990, after being selected in a citywide design contest. Attorney Douglas Bonney, who represented Ms. Webb on behalf of the American Civil Liberties Union, told the Kansas City Star newspaper that the decision "upholds the precept of the First Amendment because you cannot do anything officially that condones a Christian religion that alienates the minority." The paper adds that "On that issue, supporters of the fish symbol gave Clark ample evidence," noting that the Judge received "petitions and statements from supporters (which) acknowledged the fish was a Christian emblem..." "Even Republic's own citizens do not deny that the fish seal is a Christian symbol," Clark opined. "At a meeting of the Board of Aldermen on March 9, 1998 ... Sam Darmer stated that he moved to Republic because he was a Christian and the symbol persuaded him that he would be accepted..." Pastor Don Weaver of the West Republic Baptist Church told the Star, "The people voted for this city ... But we are ruled by minority any more (sic). Atheism represents only 3% of the population. When their beliefs are forced on the other 97%, that's not democracy." The City of Republic was represented by the National Legal Foundation, a "religious rights" group which first appeared on the political radar screen in the 1980s, when it defended efforts by a group of parents in Tennessee to have "anti-Christian" texts and other books removed from the school curriculum. Later, the Foundation was active in Colorado working with James Dobson, Pat Robertson and other religious right leaders who promoted the state's notorious antigay ballot initiative. The City has 30 days to decide upon any appeal process to the 8th Circuit Court of Appeals. Republic Mayor Douglas Boatright told the First Amendment Forum that officials would discuss legal strategy with NLF. The Foundation has reportedly informed Republic leaders that all other federal appeals involving a religious symbol on a city seal were over the presence of a Christian cross. According to the Kansas City Star, the legal group "considers the fish as a less definitive symbol that could pass legal muster..." The 8th Circuit has never ruled on such an issue; any verdict on behalf of Republic would then result in different opinions from appellate jurisdictions, automatically sending the case on to the U.S. Supreme Court for resolution. Former Republic Mayor Harold Tindell, who was on the Alderman Board in 1990, told the paper that he asked the winner of the design contest the meaning of the fish symbol. "An outstretched hand was a welcome sign, he was told. The fish symbolized the city's Christian morals..." ** SOMETHING'S FISHY ABOUT THIS SYMBOL... Although Christians today like to embrace the fish or "ichthus" symbol as an icon of their own faith, the true origins of the fish could surprise, even outrage true believers. The "ichthus" may symbolize prudery, self-sacrifice, repression and everything else associated with the Christian religion, but before the rise of the Jesus cult it definitely meant, well, something entirely different! Check out: http://www.atheists.org/flash.line/hawaii2.htm for background on this ancient symbol. Christian or atheist, you'll never look at the "ichthus" symbol again in quite the same way. ** FAITH-HEALING EXEMPTIONS RESTORED BY OREGON SENATE Oregon's Senate voted 24-3 yesterday to approve legislation which restores most of the crucial exemptions for faith-based sects and parents who cite a "spiritual treatment defense" in criminal prosecutions. In May, the state's House of Representatives had crafted special legislation removing the special protections for parents charged with murder, child abuse, neglect or manslaughter who justified their actions on the basis of religious doctrine. That move enjoyed bipartisan support and was approved 38-21. The state has become a battleground over the question of faith-healing exemptions for parents since a special expose that appeared last year in the The (Portland) Oregonian newspaper. The report examined conditions inside a small fundamentalist sect known as the Followers of Christ; several children had died of treatable diseases, said the paper, including an 11-year old with diabetes. Follows of Christ believe in prayer rather than medical treatment as a remedy for physical ailments. Oregon is one of several states which has a statutory shield which immunize parents who believe in faith-healing doctrines from prosecution of many civil and criminal crimes. The effort to revise the law was supported by the advocacy group CHILD, INC ("Children's Healthcare is a Legal Duty") headed by Rita Swan. The reversal in the Oregon Senate is likely due to the lobbying effort of the Christian Science Church. Bruce Fitzwater, head of the church's Committee on Publication, told the Senate Judiciary Committee that the First Amendment guaranteed such protections for those parents who shunned medical treatment in favor of prayer or other religious alternatives. In a July 2 editorial, The Oregonian had urged lawmakers to "put first things first: protect those who can't defend themselves." But State Sen. Kate Brown praised the Judiciary Committee's decision to approve the measure, saying that its legislation was a "more practical and reasonable" approach than the House version. In addition to efforts by the Christian Scientists, fundamentalists in the Senate led efforts to maintain faith-healing exemptions in the law. Sen. Marilyn Shannon (R-Brooks), a Christian political activist, lectured fellow lawmakers, "I believe in miracles, and I believe what the Bible teaches. This isn't about belief it miracles, it's about common sense..." Others who supported the measure cited different reasons, such as Sen. Lenn Hannon (R-Ashland). He told the Portland Oregonian, "It doesn't mean that I embrace what they're (faith-healing believers) doing to their child. But this reaches into families in a way I'm not prepared to embrace." The Senate action now means that its version will be sent to a special conference committee where legislators will attempt to hammer out agreement with the House bill. In related news, budget writers in the Oregon House have eliminated state funding for abortion and doctor-assisted suicide, despite threats of a veto by Gov. John Kitzhaber. The move deleted $2.8 million in state monies for abortion services to poor women. On Sunday, Kitzhaber sent a special letter to state lawmakers charging, "If the Legislature wishes to overturn the state's policy on Medicaid abortions or Death with Dignity, it should sponsor bills which specifically make such changes rather than seeking to bury these actions in a budge measure..." ** FURTHER SPLITS AS RELIGIOUS RIGHT MULLS THIRD PARTY EFFORTS To stay or not to stay? That is the question being debated inside a number of key religious right groups and campaign organizations this week following the defection of former GOP nomination contender Sen. Robert Smith (R-N.H.) to the U.S. Taxpayers Party. Smith ended several days of anticipation and guessing, announcing this past weekend that he was leaving the GOP in order to run for president on the Taxpayers Party ballot; the move follows a growing rift between Smith and the Republican leadership, which Smith charges is moving away from its emphasis on hard line social issues like abortion. The announcement has already sent ripples through the Republican establishment, and turned up the level of rhetoric from those who charge that GOP leaders are "anointing" Texas Governor George Bush as the party's year 2000 standard-bearer months before any primaries or the Philadelphia convention next summer. While Smith's candidacy for the nomination was considered less than a blip on the political radar screen, Republican officials fear that it could signal further defections from conservative ranks, and encourage some voters to throw their support behind USTP, or even Ross Perot's Reform Party movement. The New York Times reports that GOP leaders are already considering a "12th Commandment pledge," which would hold the party faithful -- supporters and elected officials alike -- to a promise to not run on a third-party or independent bid. The "11th Commandment" refers to Ronald Reagan's promise, "Thou shalt not criticize a fellow Republican." Smith's defection to the U.S Taxpayers Party suggests the power which an extremist ideology can wield even within the "establishment" Republican ranks. USTP was founded by former GOP political operative Howard Phillips, now a firm believer in Christian Reconstructionism. Followers of that theology believe that all of society must be "reconstructed" along Old Testament and Biblical lines. Reconstructionism teaches that women must "submit" to men as head of the household, and calls for the death penalty -- some suggest by stoning -- for over a dozen transgressions including homosexuality, murder, blasphemy, divorce and even disrespect to parental authority. Although it has "Taxpayers" in its name, the USTP has little to do with limiting the power of the state, and instead centers most of its efforts on working to pass a ban on abortion, eradicate rights for homosexuals, and demolish the wall of separation between church and state. Smith's defection to this Reconstructionist front group drew quick condemnation from leadership Republicans, who in turn came under attack from religious right luminaries still in the party ranks. The latter included Gary Bauer (Family Research Council), political commentator Pat Buchanan -- who is perhaps closer to Reconstructionism than his Catholic roots betray -- and millionaire Steve Forbes. After Jim Nicholson, Republican National Committee Chairman, denounced Smith's defection, warning him that it was "a serious mistake for you personally," Forbes returned the salvo during an appearance on the CNN program "Late Edition." "The Republican establishment (must) stop running people like Bob Smith out of the party," declared Forbes, who added that if he wins the nomination, he will welcome the political prodigal son back into the GOP ranks. Pat Buchanan fired next, telling "Face the Nation" that he was undecided about supporting front-runner Texas Governor George Bush should he win the nomination. Buchanan added that he would not "rule out" his own third party scramble. And Bauer was perhaps the shrewdest of all, telling Chairman Nicholson in a letter that he, "Like millions of other Republicans," was "concerned by the retreat of our party's leadership on matters of fundamental principle." He added that Nicholson's rebuke to Smith was "rude, insulting." A Backlash Against The New King? All of this suggests a high level of frustration and angst in the ranks of hard line Republican religious conservatives disenchanted with both the party agenda, and the overwhelming momentum of Gov. Bush's campaign. As noted earlier in AANEWS, Bush has "sucked up the oxygen," a political euphemism for raising so much cash on the campaign stump that it leaves nothing but crumbs for his nomination opponents. This certainly affected Smith, whose efforts in New Hampshire and other primary states has been confined to day-to-day appeal for funds. The Buchanan effort is not much better off. Steve Forbes has his own individual fortune to rely on, though, and Bauer -- who we consider to be a "sleeper" candidate because of his splendid network of well heeled, and well-off, backers -- has raised over $3 million. Smith, as of May 5, had taken in only $316,000. Some of the party's religious conservatives insist that Nicholson and other GOP "king makers" continue to de-emphasize the social agenda so dear to their hearts. Despite control of both ends of capitol hill, Republicans have yet to enact a ban on abortion or gays in the military, or pass other legislation such as a school prayer bill. Robertson: A Party Man While Smith and Buchanan flirt with their third-party fantasies -- Bauer can be expected to remain in the GOP tent at least up the convention -- Part Robertson and his stable of political backers make it clear that they see the Republican Party as their best chance for getting a few slices, if not all of their pie. Robertson told "Fox News Sunday" that Smith's defection to the USTP was "an awful mistake," and warned: "Third parties just don't work in America. We've pretty much settled on two major parties, and I think the effective way to work in politics is through one of them." But the Smith move to the most extreme quadrants of the political fringe suggests a growing split on the religious right. Smith, Phillips and others under the U.S. Taxpayers Party agenda remain in the political system, but have written off the Republican Party as a vehicle for change. Buchanan flirts with this possibility; his attacks on party leadership and its new "king," George W. Bush, are often more acerbic than anything he levels at Vice President Gore. Bauer is politically astute, and like Robertson probably knows that to have any effect, he must continue to work within the GOP infrastructure: he can expected to exploit the Smith defection, though, as leverage in getting his message across -- and included in the party platform -- on issues like abortion, school prayer, aid to churches and other "family friendly" legislation. And there is a growing cohort of religious conservatives who support the call of Paul Weyrich of the Free Congress Foundation that they abandon the political process and instead concentrate on prayer, founding churches and creating their own Christian alternative institutions such as private schools. All signs continue to suggest that Robertson can easily support his close associate George W. Bush. The Texas Christian Coalition worked hard to elect the son of the former President, and Robertson has assured nervous supporters that Bush is "passionately" pro-life despite his statement that America was "not ready" for a full ban on abortion. Robertson is in the process of reorganizing the Coalition, and is ahead of schedule in efforts to raise $21 million to spend on year 2000 races. ** 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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