| Church & State
December 2000
|
Church & State AU Bulletin Senate Considers Special Favor For Religious Broadcasters A controversial bill to grant special licensing rights to religious broadcasters was blocked in the U.S. Senate before the election, but may still be considered before the 107th Congress is sworn in. Senate Majority Leader Trent Lott (R-Miss.) tried to force the “Noncommercial Broadcasting Freedom of Expression Act” (H.R. 4201) through the Senate in October, but was defeated when a single anonymous senator placed a hold on the measure to keep it from passing. The legislation changes federal communications law to give religious broadcasters sweeping new access to noncommercial educational radio and television stations that have traditionally been used by universities and nonprofit educational organizations. Under the measure, the Federal Communications Commission would not be able to regulate religious programming at educational stations and could not require that a portion of time be set aside for educational material. The House of Representatives passed the bill June 20 by a 264-159 vote, but action has stalled in the Senate. Aggressive backroom lobbying in support of the measure is being driven by the National Religious Broadcasters, a trade association that includes Pat Robertson, Jerry Falwell, D. James Kennedy and James Dobson. “It’s outrageous that Congress is considering replacing Bert and Ernie with Pat Robertson and Jerry Falwell,” said the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State. “This scheme grants special rights to religious broadcasters because they’re religious.” Americans United has joined in a broad coalition of groups opposing the legislation, including Citizens for Independent Public Broadcasting, the National PTA and the Minority Media & Telecommunications Council. Due to the number of appropriations bills left unfinished in Congress before the election, both houses will be back in the Capitol before the new Congress begins work in January. The religious broadcasters’ plan may still be considered during this special session. Death Penalty Jurors Don’t Need Sermon, Court Says A federal appellate court has voided the death sentence of a convicted murderer, holding that the prosecuting attorney had no right to tell the jury that God supports capital punishment. The U.S. 9th Circuit Court of Appeals voided the death sentence imposed on Alfred Sandoval, who was found guilty of murdering four people in Los Angeles in 1984. During the sentencing phase of Sandoval’s trial, the prosecuting attorney argued that imposing a death sentence would be “doing what God says.” “This might be the only opportunity to wake him up,” the prosecutor told jury members. “God will destroy the body to save the soul. Make him get himself right.” Reuters News Agency reported that the jury, which had been deadlocked on imposing capital punishment, later returned a death sentence. In its 2-1 Sandoval v. Calderon ruling, the appeals court held the prosecutor’s argument was “improper and highly prejudicial” and asserted that jury members should not be urged to put “an asserted higher law” before the concerns of secular law. Moment-Of-Silence Law Upheld In Virginia A Virginia law requiring public schools to observe a 60-second period of silence every day does not violate the separation of church and state, a federal court has ruled. U.S. District Judge Claude A. Hilton decided in October that the law does not have a religious purpose. “The momentary silence neither advances nor inhibits religion,” Hilton wrote. “Students may think as they wish – and this thinking can be purely religious in nature or purely secular in nature. All that is required is that they sit silently.” The law, passed earlier this year, requires all public schools in the state to set aside one minute each day for students to “meditate, pray or engage in any other silent activity.” The Virginia affiliate of the American Civil Liberties Union challenged the measure, holding that it was designed to bring prayer into schools through the back door. ACLU officials said they will appeal the Brown v. Gilmore ruling. Kentucky County Defies Court, Posts Ten Commandments Acting in defiance of a federal court order, officials in McCreary County, Ky., have reposted a copy of the Ten Commandments in the local courthouse. Members of the American Legion and the Veterans of Foreign Wars put up the religious decree Oct. 10 alongside copies of the Declaration of Independence, the Bill of Rights and other historical documents. The veterans’ groups took action after the Fiscal Court, the county’s governing body, voted unanimously to repost the document. “There’s an element out there who is trying to destroy our country,” said County Judge-Executive Jimmie Greene. “We don’t intend to let them.” Officials in the southeastern Kentucky jurisdiction insist the display is constitutional because other documents are included. However, U.S. District Judge Jennifer Coffman ordered a similar display removed last May, pending the outcome of a lawsuit filed by the American Civil Liberties Union of Kentucky. “We think this display is OK,” said Paul Worthington, commander of the local American Legion post. “I don’t look for it to be questioned. If she [the judge] rules it has to come down, we will have to obey.” ACLU officials said they will ask the federal judge to issue an injunction in the ACLU v. McCreary County case finding the county officials in contempt of court. Lawsuit Against ‘Charitable Choice’ Filed In Wisconsin A federal lawsuit has been filed against a Milwaukee program that awards state money to religious groups to help troubled fathers overcome drug addiction and find jobs. The Freedom From Religion Foundation (FFRF), based in Madison, Wisc., says the publicly funded Faith Works project violates the separation of church and state. Although Faith Works claims to be a non-denominational program, its bylaws describe it as “inherently Christian” and say it promotes “a holistic, faith-based approach to bring healing to mind, body, heart and soul.” States the lawsuit, “State appropriations to Faith Works convey a message that the Christian religion is favored, preferred and promoted over other beliefs and nonbelief, and Faith Works’ mission is clothed in traditional indicia of government endorsement.” The legal action in the Freedom From Religion Foundation, Inc. v. Thompson case is the third one in the country to challenge “charitable choice,” a concept that calls for giving religious groups tax money to provide various social services. Wiccan Gives City Council Invocation In Dallas Members of the Dallas City Council reversed themselves and allowed a Wiccan religious leader to give the invocation before its Oct. 4 meeting. Wiccan Bryan Lankford sparked controversy in September when he requested an opportunity to give the opening prayer at a council meeting. City officials at first said yes, but then withdrew the invitation. When the spat became public, Mayor Ron Kirk called Lankford to apologize and invited him to reschedule. After a protestor who tried to halt the invocation was quieted down, Lankford recited an invocation beginning with an appeal to “Mother Goddess, Father God.” He went on to say, “We pray for honesty, love, compassion and faith, that our spirits be transformed into golden spirits, shining with the light of the divine.” The Eagle Forum, a Religious Right organization that claims to promote religious freedom, was not pleased by Lankford’s invocation. In an address to the council, Cathie Adams, president of the Texas branch of the group, blasted the members. “I want to encourage the City Council to do as the Founding Fathers did – to fear the one true God,” Adams said. “And I’m asking that you consider the fact that just like it would be unwise for the American Jewish Congress to invite the American Neo-Nazis to address them, it is unwise for you to invite witches to pray before you.” The Fort Worth Star-Telegram reported that Lankford later approached Adams and offered to shake her hand, but she refused. “God will not be mocked,” she told him. “That is the message I left with the City Council today.” During Lankford’s prayer, Councilwoman Donna Blumer refused to bow her head and looked straight ahead with her arms crossed. “I wanted to make it very clear that their faith did not reflect my faith,” she said. But Kirk said he was moved by Lankford’s prayer and added, “The City Council is not in the business of choosing one faith over another. We have sought to have representation of all religious faiths.” Pakistani Professor Faces Death Sentence For Blasphemy A professor who has written articles about the history of Islam and its founder Mohammed faces blasphemy charges and a possible death sentence in Pakistan. Dr. Younus Shaikh, a teacher at a medical college in Islamabad, was arrested Oct. 4 and charged under Section 295-C of Pakistan’s Penal Code, which outlaws blasphemy. Although the specific charges against Shaikh are not yet known, they are believed to have stemmed from articles he has written pointing out that Mohammed did not embrace Islam until age 40 and that his parents were not Muslims because they died before the religion was founded. Shaikh, 45, has been dismissed from his job and faces a virulent campaign against him by a newspaper called Khabrain, which has demanded that he receive the death penalty. In Pakistan, those accused of blasphemy are not eligible for bail, and if they are convicted, death is the automatic sentence. Shaikh is currently in custody at a jail in Rawalpindi. At his first appearance in court Oct. 19, he had no lawyers, as most attorneys in the country are too intimidated to defend accused blasphemers. At the hearing, 20 Islamic religious leaders came to present their case against him. Pakistan, which is estimated to be 97 percent Muslim, adopted Islamic law in 1991. Shortly after that, the government decreed that anyone found guilty of blasphemy would receive the sentence of death by hanging. Advocates of religious freedom from around the world have rallied to Shaikh’s defense and are asking people to contact the United Nations and call the Office of International Freedom at the U.S. State Department in Washington and ask that Shaikh’s case be investigated. His supporters are also exploring the possibility of arranging asylum for Shaikh in a European nation. Critics say Pakistan’s blasphemy law contradicts international religious freedom agreements and assert that if the country continues to enforce it, sanctions should be applied by the UN. ©
Americans United for Separation of Church and State, 2000. 518 C Street, NE Washington, D.C. 20002 202-466-3234 |
