-Caveat Lector-
from: AMERICAN ATHEISTS
subject: AANEWS for September 1, 1999
A M E R I C A N A T H E I S T S
#634~~~~~~~~~~~~~~~~~~ 9/1/99
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...
* Portland Atheist loses challenge to BSA discrimination
* Southern Regional Atheist Meet, September 26
* School officials exhort Louisiana prayer rally
* Decision soon in Moore ethics probe
* Union County, N.J. Atheists meeting every Sunday
* Resources
* About this list...
ATHEIST MOM LOSES ROUND IN CASE AGAINST BOY SCOUTS
Nancy Powell Challenged BSA Recruiting In Portland Schools
A County Circuit Judge has ruled that the Boy Scouts of American may
continue to recruit students in Oregon public schools despite the fact
that the group discriminates against atheists, gays and others.
Portland Atheist Nancy Powell sued the school district and the Oregon
Department of Education in May, 1998, arguing that officials should
not allow a discriminatory group to use the public schools for
membership recruiting purposes and promoting religion. Multnomah
County Circuit Judge Joseph F. Ceniceros, however, ruled that BSA was
not primarily a religious group despite the requirement that
prospective scouts swear an oath affirming belief in a god.
Associated Press noted, "The case is being watch nationally because it
threatens the close ties between the Scouts and public schools."
Powell complained to education officials in 1997, when her children
were enrolled at Harvey Scott Elementary School in Northeast Portland.
Her son, Remington, was in class on two occasions when local Boy
Scouts of America recruiters showed up, and placed bracelets on
youngsters and encouraged them to attend local meetings. In a letter
to the Superintendent of Public Education, Oregon Department of
Education, Powell noted that teachers distributed promotional flyers
for the BSA, and that the Scouts "willingly admit their own
discriminatory qualifications for joining and every Cub Scout through
Eagle Scout must sign a 'Declaration of Religious Principles' which
states: "The Boy Scouts of America maintains that no member can grow
into the best kind of citizen without recognizing an obligation to God
and, therefore, recognizes the religious element in the training of
the individual..."
"No mother should ever again be put in the position of telling her
sobbing 6-year-old son on the steps of his own school that 'our kind,'
nonbelievers in the supernatural, are not welcome to join the group
that solicited our membership," added Powell.
Powell mustered a substantial body of evidence exposing the
discriminatory and religious agenda of the BSA. This included
statements from the Scouts that it "recognizes the importance of
religious faith and duty," and that "Leadership is restricted to
qualified adults who subscribe to the Declaration of Religious
Principle, the Scout Oath, and the Scout Law."
Judge Ceniceros, however, opined that the BSA was not primarily a
religious group. "I conclude that the religious aspect of scouting is
a very small part of its programs," he wrote in his decision. "I also
conclude that under any criteria or test that I am aware of the Boy
Scouts are not a religious organization." Neither side contested the
facts of the case -- that the school district permitted Boy Scout
recruiters on school property during school hours to promote the
"private" organization.
Ceniceros did not deal with the issue of whether or not the BSA was a
"public accommodation," which could have placed the group under the
control of anti-discrimination laws.
"I am aware of cases throughout the country in which the BSA have
earnestly contended that they are a religious organization," said
Ceniceros in a brief statement. "In all these cases it was claimed
that the BSA were a place of public accommodation and subject to the
various State Public Accommodation laws. However, the law which
applies to establishment cases is clearly different from that which
applies to public accommodation cases and what is a religious
organization under one set of laws is not under another. These cases
are troubling but not persuasive..."
Ceniceros added that the denial of membership "to boys and
scoutmasters who do not acknowledge the existence of God." was "the
most disturbing aspect of this case." He noted, though, that "for
purposes of the establishment clause, this denial of membership does
not seem to matter."
Reacting to the decision, Nancy Powell told Associated Press, "I do
not relish having to tell him (her son) that when he goes back to
school next week, he may at times be exposed to an organization that
condemns what he is. I don't want them (the BSA) near my children,
yet by law I must send my children to school."
"You tell me the fairness in this," she added.
David Fidanque of the Oregon ACLU expressed regret over the ruling.
"The Portland district is allowing an organization that discriminates
on the basis of religion to have special access to its school
buildings." The Portland Oregonian newspaper noted, "While the
Portland school board allows Scouts to recruit in schools, it bars
armed forces recruiters from schools because of the military's 'don't
ask, don't tell' policy that the board says discriminates against gays
and lesbians."
The Portland case joins several others testing the relationship
between the Boy Scouts and government. The national BSA contributed
funds for the Portland board's legal defense cost, and a spokesperson
for the Scouting group gushed, "We are obviously delighted... We look
forward to continuing to work with the public schools to held educate
their children."
Nancy Billings told AANEWS today that she would proceed with an
appeal. "It's incredible, no one seems to believe the Boy Scouts when
they telling people how religious they are, how they're a religious
organization," she declared. "It's frustrating that the courts don't
believe them either."
Billings said that before a formal appeal, however, she will again ask
the Oregon Department of Education and the Portland school district to
change their policy.
"It's such a contradictory situation. The Boy Scouts cannot come into
high schools to recruit employees on 'Jobs Day' since the schools ban
groups that discriminate against gays and lesbians," noted Powell.
"But in the lower grades they still allow a group that will not admit
atheists to membership to come in during school hours and make their
pitch for new members."
Ms. Billings added that any appeal would remain focused on the
establishment clause issues. "It's not OK to go around saying that
homosexuals are not morally straight, or that atheists cannot be good
citizens," Billings declared.
"Atheists have to stand up in public against this sort of bigotry."
(Thanks to Jeff Lewis and Cliff Walker for information used in this
story. Visit Cliff's Positive Atheism web site at
http://www.positiveatheism.org for more information)
**
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."
* Frank Zindler, biologist and expert on the creationism-evolution
debate. Mr. Zindler will speak on: "Scopes Retried: Where's Darrow
When We Need Him?"
* 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 joining us at the Southern RAM!
**
LOUISIANA SCHOOL OFFICIALS ENCOURAGE PRAYER RALLY
A school prayer rally in Lake Charles, Louisiana attracted a crowd of
over 3,000 eager supporters on Monday night, including the Parish
Superintendent of Schools, Jude Theriot. The gathering was in support
of a move by the Calcasieu Parish School Board which recently ordered
officials to find a way to return prayer to public school classrooms.
Organized by the local Citizens for Prayer group, the rally was
described as "an overwhelming statement that the people of Calcasieu
Parish want prayer back in the schools," according to the American
Press newspaper.
Promoted as the "Informational Forum on prayer in the Schools," the
rally filled the Rosa Hart Theater of the Civic Center as a list of
speakers addressed the various legal aspects of the issue. Theriot
told reporters, "I knew this was an issue that is important to the
people of this community, but to see this kind of crowd... It's
overwhelming!"
Judge Darrell White of the Louisiana Public Forum used Biblical quotes
to make his case for school prayer. "If we expect God's blessing, we
must follow God's prescription... Let's fight for our children, let's
fight for our community."
Former State Rep. Randy Roach told the energized crowd, "Nowhere in
the U.S. Constitution does it mention a prohibition of prayer in
public institutions. He said that school board members could adopt a
system that did not penalize those who decided not to participate in
school prayer, but added that the founders of the American republic
were "a religious people who never intended to exclude religion from
government."
Prayer rally organizer Helen Deitch declared that the Monday rally was
"an excellent start" in putting prayer back in the public schools.
"We just pray the flame remains burning and the tide will turn," she
said.
**
DECISION EXPECTED TODAY AS MOORE
SUPPORTER GRILLED IN ETHICS PROBE
Prosecutors could announce as early as today the results of an ethics
investigation into the activities of Etowah County, Alabama Judge Roy
Moore, who has attracted national attention for his courtroom
religiosity.
Earlier this week, a close associate of Moore's was grilled by
investigators looking into allegations that the judge broke the law in
connection with a legal defense fund established on his behalf. Dean
Young of the Christian Family Association was question about whether
the fund was tapped to pay telephone and travel expenses for Moore.
Young told Associated Press that he "documented everything to the last
penny."
Moore posts a hand-carved copy of the Ten Commandments above his
courtroom dais, and opens judicial proceedings with a religious
invocation. A state court ordered Moore to remove the plaque or
change it to be part of a "historical" display with secular documents,
but he refused. The Alabama State Supreme Court then dismissed the
case on a technicality.
Supporters have raised over $100,000 to defend the combative jurist
from legal challenges. In June, the State Ethics Committee found that
Moore violated guidelines in connection with the defense fund by using
"the mantle of his office" to raise money, and sent the matter to
Alabama Attorney General Bill Pryor. Pryor, a close friend and
supporter of the judge, then handed the case over to St. Clair
District Attorney Van Davis.
If charged and convicted of a felony, Moore could receive up to
20-years in prison and a $10,000 fine.
Moore travels the nation addressing religious and other groups which
support his position in favor of public prayer. He denies using the
legal fund to pay for travel costs, saying that the groups "generally"
pay his road expenses. Young reportedly told investigators, though,
that two years ago some of Moore's travel costs were deferred by the
fund.
Unfortunately, no decision in the ethics probe will deal with the more
pressing question of Judge Moore's possible violations of the
establishment clause. Thanks to the technicality used by the state
high court, a new challenge would have to be filed in order to have
the Ten Commandments plaque removed, or for the courtroom invocation
to cease.
**
(Thanks to Larry Mundinger "behind enemy lines" for information used
in this story.)
*
UNION COUNTY, N.J. ATHEISTS ORGANIZING
Atheists in the Newark, N.J. and Union County area are invited to
gatherings hosted by the new UNION COUNTY ATHEISTS group. Gather at
the new meeting place, University Diner which is right next to Kean
University at 580 Elmora Avenue, every Sunday at 11:00 a.m. Contact
[EMAIL PROTECTED] or visit http://www.angelfire.com/nj2/atheists for
further information.
**
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...
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founded by Madalyn Murray O'Hair for the advancement of Atheism, and
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