Dear Friends + Supporters, American Atheists does an excellent job of monitoring daily act

Dear Friends & Supporters, American Atheists does an excellent job of monitoring daily activities of many of the organizations on the religious right. The message I am forwarding to you know gives excellent detail and brief history on the newly emerging attack from the RR on our judiciary system. With names catchy little phrases "activist judges" and "judicial tyranny" the RR is now talking about impeachment of judges who don't carry their banner. I hope you can spare the time to read this message and begin to understanding this latest frontal assualt by our friends Pat & Co. on yet another of our institutions. There's also info at the bottom on how to subscribe to AA's free, almost daily messages that always contain worthwile and important info. Thanks so much for your time! Skip Evans, President Americans United/Atlanta -------------------------------------------------------------------------- from: AMERICAN ATHEISTS subject: AANEWS for March 18, 1997 A M E R I C A N A T H E I S T S ~~ A A N E W S ~~ #265 ~~~~~~~~~~~~~~~~~~~3/18/97 http://www.atheists.org ftp: ftp.atheists.org/pub/ In This Issue... * Prayer In Alabama ~ A Ruse Against "Judicial Activism"? * On the AA Website * TheistWatch: Church Resists Sales Taxes On T's * For Your Information... * About This List... An AANEWS Special Report... ALABAMA PRAYER FIGHT -- AN ''AMBUSH' FOR IMPEACHMENT? A Legal Group Linked To The Alabama Prayer Controversy Raises Question About The Tactic Of Judicial Impeachment & The First Amendment The involvement of a legal foundation in the current flap over public prayer in Alabama schools and courtrooms is raising new concerns that the issue might fuel a growing "impeachment mania" directed at judges who do not pass a certain religious or political litmus test. The National Legal foundation -- described by Associated Press as a "Virginia organization that promotes Christianity in government" -- is playing a key role in helping Etowah (Alabama) Circuit Court Judge Roy Moore defending his practice of posting a Ten Commandments plaque in his chambers, and beginning official judicial proceedings with a Baptist-orchestrated prayer. Moore's actions led to a 1995 lawsuit filed by the American Civil Liberties Union on behalf of the Alabama Freethought Society. In November, another Circuit Court Judge, Charles Price, found the prayer ritual to be unconstitutional. He later determined that the Decalogue display, which sits above Moore's dais, was a "religious" display, and ordered it taken down. Moore has refused, and the case is now in front of the Alabama State Supreme Court which has issued a stay on Judge Price's order. The case has attracted national interest, and Moore has picked up support from the country's religious conservatives who see the fight as a important First Amendment issue. Moore also has drawn praise from Alabama Governor Fob James who has threatened to mobilize the state's national guard, police and even the University of Alabama football team in resisting any order telling Moore to stop his controversial practices. James has "dared" President Clinton to federalize the state guard should the prayer and Ten Commandments posting fail to pass constitutional muster, as expected. The involvement of the National Legal Foundation in the Moore case, though, raises the specter of an even wider agenda, specifically the growing call for impeachment of "activist" judges who do not give favorable rulings on issues such as school prayer, religious displays, censorship of objectionable materials, abortion and other hot-button issues. As discussed in Friday's AANEWS dispatch, there are growing rumblings in religious-conservative ranks for these judicial impeachments spurred, in part by an exchange of opinions in the monthly journal First Things published by the Institute on Religion and Public Life. Former Lutheran minister-turned Roman Catholic priest Richard John Neuhaus suggested in the November, 1996 issue that "The government of the United States no longer governs by the consent of the governed." The Washington Post summarized that from the perspective of some religious conservatives, "Court decisions on abortion and others condemned in First Things violate what the authors regard as moral law." "Religious Rebellion" And The Rejection of Pluralism Frustrated by what they perceive as inactivity or breakdown in the legal system, a number of diverse groups appear to be increasingly drawn toward an extreme position of "rejecting the system," and resulting to strategies outside -- or near the edges -- of the pluralist political system. In the 50's, 60's and 70's, of course, the rejection of establishment politics was embraced as part of the "Great Refusal" advocated by new left philosopher Herbert Marcuse and others. Civil rights sit-ins and marches, protests against the Vietnam War and other examples of civil disobedience became a hallmark of the era. The failure of the Reagan administration during the 1980's in implementing certain portions of a religious conservative social agenda, though, resulted in growing polarization within religious right groups. More extreme movements, frustrated by the failure to obtain their goals through legislation or even the courts, began to adopt some of the tactics traditionally identified with the political left two decades before. Organizations such as Operation Rescue started to employ civil disobedience in efforts to shut down abortion clinics; Britain's Daily telegraphed observed recently that the anti-abortion movement has resulted in more arrests (over 85,000) than the struggle for black civil rights during the 1950's and 1960's. Frustration, suspicion and varying degrees of rejecting "the system" are factors in the centrifugal social tendencies which now unite a growing segment of movements, from militant anti-abortion groups to hunkered-down militias worried about race war, the Antichrist, or the "new world order." To varying degrees, they express disenchantment with the mechanisms of pluralist politics. In some cases, groups which embrace bizarre religious creeds such as Christian Identity symbolize a rejection of problematic modernity and secularism. In addition, the growing clamor against "judicial activism" and calls for impeachment as a widespread political tool signifies one more step in a process of alienation now afflicting some segments of the religious right. The discussion in First Things, which attracted significant media coverage of this otherwise obscure theological-political journal has prompted some to question even the legitimacy of the current government, or cast it in the role of being "contrary to God's plan." The National Legal Foundation The Foundation, currently working on the prayer case with Judge Roy Moore, states that its objective is to "prayerfully creative...innovative strategies that...will cause America's public policy and legal system to support and facilitate God's purpose." The Executive Director of the group, Steven Fitschen, told reporters that the phrase "separation of church and state" appears nowhere in the Constitution. According to the Gadsden (Alabama) Times, Fitschen also declared that Moore's courtroom religiosity "is just a very passive expression of a person's acknowledgement of God," adding "we're not dealing with a practice where you're ramming religion down someone's throat." The National Legal Foundation was associated with televangelist Pat Robertson until 1988. Robert Boston's biography of the Christian Coalition Founder, "The Most Dangerous Man in America?" (1996) says that the NLF was "abandoned" by Robertson, who apparently "had some kind of falling out with its director..." In 1990, Robertson's quest for a powerful legal arm to supplement the outreach of his Christian Broadcasting Network and other operations led to the creation of the American Center for Law and Justice. Like ACLJ, the National Legal foundation -- which has its main office in Virginia Beach, Va. (also home to Pat Robertson's various operations) -- operates through a network of referral attorneys, estimated by the Huntsville (Ala.) Times to number about 200. In addition to promoting "Christianity in government," other NLF goals include: * "Training generations of Christian scholars, statesmen, lawyers and jurists who will perpetuate this vision and impact (sic) the nation." * "Fighting for the adoption of...legal and public policy issues...which further God's purpose." * "Vigilantly protecting America's legal system from being usurped to ends which run counter to God's purpose." * "Using and gaining a broad acceptance of explicitly Biblical arguments in legal and policy debates." Humanist Religion, Evolution and Alabama The Moore case is not the first time that the National Legal Foundation has entered the fray in Alabama culture war politics. In the mid-1980's, the organization provided legal support in a suit involving over 600 religious fundamentalist parents throughout the state who sued the public schools in Alabama over the use of "objectionable" textbooks. The target was "secular humanism" in the curriculum, but objections were voiced to contents which smacked of evolution, diversity, or sex education. Working with NLF was Concerned Women for America headed by Beverly LaHaye, an associate of both Robertson and Moral Majority founder Jerry Falwell. Ironically, the judge in the case turned out to be Brevard Hand, who back in January of 1983 had upheld a state law authorizing a moment of "silent prayer" in Alabama public schools. In 1987, the case reached federal court; a judge moved to ban 44 textbooks from public schools throughout Alabama on the grounds that they fostered the "religion" of "secular humanism." That ruling was overturned later by an appellate court. Impeachment -- A New Ruse Attempts to hang the label of "secular humanism" on school texts or curriculums dealing with topics such as sexuality failed in the courtroom; that strategy now appears to be overshadowed by recent calls for using impeachment as a way of putting jurists favorable to the religious right social agenda on the bench, or at least ridding the juridical system of judges who will not cater to groups like Robertson's ACLJ or the National Legal Foundation. Speaking recently on the program "Legal Notebook," Foundation director Steven Fitschen commented that "It's clear that in the last 30 years at least, probably longer, we have judicial activists who certainly are subverting the fundamental laws, they're certainly introducing arbitrary power; and in particular cases, they are writing unconstitutional opinions." The Foundation promotes a booklet titled "Impeachment of the Federal Judiciary," which is being marketed alongside a similar tract, "Impeachment: Restraining an Overactive Judiciary" by David Barton of the WallBuilders organization. Like the lawyers from NLF, Mr. Barton has become a leading religious right proponent of the notion that the "wall of separation" spoken of by Thomas Jefferson "has no basis in American law or history." A number of Barton's materials -- including segments of his book and video, "The Myth of Separation" -- have been exposed for carrying questionable, bogus or unsubstantiated quotes from historical figures. There are related developments in the Alabama prayer case: * In addition to attracting national media attention, and support from religious groups outside Alabama, Judge Moore's case is also being used for fund raising purposes by the National Legal Foundation. Mr. Fitschen told the Huntsville Times yesterday that the group is utilizing the Moore defense as a fund raising pitch, adding "We're a donor-supported organization." When asked how much money had been raised, NLF lawyer Stephen Melchior of Cheyenne, Wyoming -- the lead attorney for Judge Moore -- told a reporter "that's none of your business." * Judge Roy Moore is heading to the nation's capital this week on a trip sponsored by the National Clergy Council. Following his arrival in Washington tomorrow morning, he is slated for a round of talk show appearances and visits to local churches, followed by a ceremony in his honor hosted by members of Alabama's congressional delegation. On Friday, Moore will be appearing on Pat Robertson's "700 Club" program. * Religious conservative populist Pat Buchanan has been gushing with praise for Judge Moore, and Governor James for his belligerent threat to use force in resisting any Supreme Court of federal orders ending prayer and religious display in Alabama government buildings. In his syndicated column, Buchanan promised: "If the governor (James) holds his ground, he can make Etowah County Courthouse the Concord Bridge of a Middle Class revolution against our reigning judicial dictatorship." The recent issue of Church&State magazine adds that Buchanan is openly appealing "for a religiously based government." "Are the Ten Commandments a religious documents? asked Buchanan. "Of course they are... They were a foundation of American law. From Sunday blue laws to anti-blasphemy laws, to laws against adultery, false witness and murdered, they served as the basis upon which we built much of our early civil code and public life. Who is to tell us they cannot so serve again?" * On the anti-"judicial activism" front, 260 national and regional "pro family" groups have signed a joint letter to the U.S. Congress promising to oppose "judicial activism with whatever tools and resources are legitimately at our disposal." One tactic according to Thomas L. Jipping, who directs the project is to target specific judicial nominees in anticipation of the Senate's confirmation hearings. While U.S. Senator Orrin Hatch (R-Utah) opposes "judicial activism" but remains skeptical of rigid political litmus tests, Senate Majority Leader Trent Lott (R-Miss.) reportedly has no such qualms. According to the New York Times, Lott intends to subject judicial nominees to "thorough scrutiny." Church&State notes that Lott called Judge Moore on Feb. 7 to offer his support. Others hopping on the anti-"judicial activism" bandwagon include House Speaker Newt Gingrich, Operation Rescue founder Randall Terry, Bible discipline guru James Dobson and Paul Weyrich of the Free Congress Foundation. Weyrich in particular has ties to leaders in Christian Reconstructionism, including Colonel Doner and James Rushdoony of the Chalcedon movement. Reconstructionism calls for a judicial system and government based literally upon Old Testament Bible law, and proscribes the penalty of death for a wide range of offenses including adultery, "witchcraft," blasphemy or disobedience to parents. ** (Thanks to Barb Buttram and Larry Mundinger for tracking this story -- and Judge Moore -- for AANEWS!) * NOW ON THE AMERICAN ATHEISTS WEBSITE... Head on over to http://www.atheists.org and you'll see some big changes, especially on our news section, FLASHLINE. We've just posted updates on the Alabama prayer battle, news about Comet Hale-Bopp (along with a commentary on "Comets and Religion" by Madalyn Murray O'Hair), and other topics. So why not visit and bookmark the FLASHLINE? Look for periodic updates and special features on those pages. ** THEISTWATCH SHORT SHOTS One has to wonder if the motivation of those Freemen-style militia types who go around issuing their own arrest warrants and money isn't just plain 'ol American greed instead of political idealism. After all, isn't printing up your own money almost like knocking over a bank, or heading for the nearest color photocopy machine? But here's a new one on us. When William DeLashmutt was arrested recently during a traffic checkpoint in Newport News, Virginia, he produced a driver's license and registration which proclaimed that they were issued by the Kingdom of Heaven instead of the Motor Vehicle folks in Richmond. Seems that DeLashmutt has joined an outfit called the Embassy of Heaven Church which, according to AP, "claims to have authority to operate outside any state's jurisdiction." Wonder what God fines transgressors who go make an illegal left turn... ** For a religion which likes to trace its roots back to the "Holy Land," Christianity isn't doing so well when it comes to maintaining a popular presence. Palestinian Christians are fleeing the area in record numbers; back in 1948 they comprised about 10% of the population, but now that figure stands at only about 2%. A recent story filed by reporter David Briggs notes that today's Christians are "living stones" who are "trapped between the hammer and anvil of two powerful forces," Islam and Judaism. Not surprisingly, in a part of the world overflowing with religious belief -- and fanaticism -- the Christian presence is being diminished by religious intolerance. There are laws regulating religious practice, for instance; during Easter, Palestinian priests from the occupied territories are banned from traveling to Jerusalem. Christians also claim that they are victims of economic discrimination at the hands of both Jews and Muslims. Ironically, the "Holy Land" which has been the scene of so much religious mythology, may also be the best example of existential payback. Jerusalem has been a city fought over by Roman theocrats, Jewish zealots, Islamic armies and Christian Crusaders. Despite bloodshed and prayers, there is no peace in a land which for some is so holy." ** Remember TV evangeloid Robert Tilton who made a small fortune raking in "prayer requests" and "offerings" from his followers? In 1991, the ABC program "Prime Time Live" exposed Tilton, showing that his "prayer" over those thousands and thousands of "requests" considered of slicing open the mail, removing the money, and promptly packing the rest of it into boxes for disposal. Tilton ended up suing the network, but lost. Yesterday, the U.S. Supreme Court turned down a request to revive the lawsuit which accused ABC of conspiracy to drive him out of business. Guess nobody answered THAT prayer request. ** Religious groups right and left are quick to "shoot from the hip" when it comes to telling people how they should live their lives, structure their government or operate an economy. But when it comes to paying a fair share of the tax burden (and relieving the overworked, taxed-out middle/working class), well, that's another story! Religious groups are too busying pushing for "faith based" grants, government aid, even outright "gifts" of cash from the public treasury thanks to voucher schemes and other disingenuous programs. One example of this duplicity comes from Roanoke, Virginia where the Green Ridge Baptist Church refuses to pay sales tax on T-shirts purchased for its softball team or for summer camp kids. It's a measly $59, but Rev. Mike Palmer refuses to pay, and insists that it's a "matter of principle." Virginia tax codes exempt churches already from paying the sales tax on purchases of items used in worship services, or teaching materials. But the church wants to be tax-free on the T-shirts as well, arguing that the softball team is, somehow, a "religious' activity. Already, the Rutherford Institute and Pat Robertson's American Center for Law and Justice, are debating on whether or not to take on the Green Ridge Baptist Church case. ACLJ legal director Jay Sekulow told reporters yesterday that his group is "very skeptical of the government trying to tax any church," adding that "the power to tax is the power to destroy, or at least the power to control." Guess the only folks who deserve that kind of treatment are private individuals and businesses who aren't incorporated as churches. ** RESOURCES FOR YOUR INFORMATION * For membership information about American Atheists, send e-mail to info@atheists.org and include your name and postal address. * For a free catalogue of American Atheist books, videos and other products, contact catalogue@atheists.org and include your name and mailing address. * If you are already a member of American Atheists, consider joining our on-line discussion forum, aachat. Contact the Moderator, Margie Wait, at irep@atheists.org. * You can promote Atheism and state-church separation in your community by hosting The Atheist Viewpoint television program. If your cable system has a public access channel which accepts imported programming, you could serve as a local host. There's usually just a minimum of paperwork -- we take care of the rest! For information, contact Ron Barrier through rbarrier@atheists.org. ** 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. For subscribe/unsubscribe information, send mail to aanews-request@listserv.atheists.org and put "info aanews" (minus the quotation marks, please) in the message body. You may forward, post or quote from this dispatch provided that appropriate credit is given to both aanews and American Atheists. Edited and written by Conrad F. Goeringer, The LISTMASTER (cg@atheists.org). Internet Representative for American Atheists is Margie Wait, irep@atheists.org