In another demonstration of the high cost to governmental entities of litigating First Amendment claims, a Texas federal magistrate judge in Freedom from Religion Foundation v. Abbott, (WD TX, Nov. 27, 2023) has recommended an award of attorneys' fees to FFRF of $342,566 (plus costs of $3,957). At issue in the case was the removal of FFRF's "Bill of Right Nativity Exhibit" from the Texas state capitol. The case twice made its way to the 5th Circuit Court of Appeals (see prior postings 1, 2).
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, November 28, 2023
Wednesday, November 15, 2023
New Jersey Will Allow Candidates To File With Secular Alternative To Oath of Allegiance
As previously reported, in early October a suit was filed in a New Jersey federal district court challenging the New Jersey requirement that candidates filing to run for public office sign an Oath of Allegiance that ends with the phrase "so help me God." In response to this lawsuit, on Oct. 24 the Acting Director of the New Jersey Division of Elections circulated a Memo (full text) to County Clerks stating that now candidates have the option of filing a solemn affirmation or declaration in lieu of an oath, and when that option is chosen, the words "so help me God" are to be omitted. This led the Freedom from Religion Foundation which is counsel for plaintiffs in the October lawsuit to file for voluntary dismissal of the suit. New Jersey Monitor reports on these developments.
Tuesday, January 31, 2023
5th Circuit: FFRF's Suit Against Texas Governor Is Moot
In Freedom From Religion Foundation, Inc. v. Abbott, (5th Cir., Jan. 27, 2023), the U.S. 5th Circuit Court of Appeals held that FFRF's suit against the Governor of Texas for wrongfully removing its display from the state Capitol became moot when the Texas State Preservation Board repealed the rule that had allowed private displays in the Capitol. The court said in part:
It is not seriously disputed that the Foundation’s exhibit satisfied the requirements for display or that the Board’s removal of the exhibit violated the First Amendment restrictions concerning speech communicated in a limited public forum. ...
Because the Foundation’s injury is premised on exclusion from expressing its message in a public forum, and because the public forum no longer exists, the permanent injunctive relief ordered by the district court cannot remain.
The court, however, refused to vacate the trial court's order and declaratory judgment, saying that "they might provide important guidance to future disputes." (See prior related posting.)
Thursday, February 10, 2022
Report On Role Of Christian Nationalism In January 6 Insurrection Released
Yesterday, the Baptist Joint Committee for Religious Liberty (BJC) and the Freedom From Religion Foundation released a report titled Christian Nationalism and the January 6, 2021 Insurrection (full text). The Introduction to the Report says in part:
This report describes Christian nationalism and recounts its impact on the day itself as well as in the weeks leading up to the insurrection. Drawing on reporting, videos, statements, and images from the attack and its precursor events, this report contains the most comprehensive account to date of Christian nationalism and its role in the January 6 insurrection.
Christian nationalism is a political ideology and cultural framework that seeks to merge American and Christian identities, distorting both the Christian faith and America’s constitutional democracy. Christian nationalism relies on the mythological founding of the United States as a “Christian nation,” singled out for God’s providence in order to fulfill God’s purposes on earth.
Sunday, April 05, 2020
5th Circuit Clarifies Test For Prior Restraints In Limited Public Forums
Among out sister circuits, however, “there is broad agreement that, even in limited and nonpublic forums, investing governmental officials with boundless discretion over access to the forum violates the First Amendment.” ...
[W]e hold that prior restraints on speech in limited public forums must contain neutral criteria sufficient to prevent (1) censorship that is unreasonable in light of the purpose served by the forum and (2) viewpoint-based censorship. Because the district court only considered whether the public purpose criteria at issue in this case was reasonable, we REVERSE and REMAND for the district court to apply the correct unbridled discretion analysis in the first instance.
Wednesday, January 15, 2020
Space Force General Sworn In On Bible Blessed In Controversial Ceremony
Yesterday, the Military Religious Freedom Foundation filed a strongly worded letter of complaint (full text) with Secretary of Defense Mark Esper, calling the National Cathedral ceremony "a horrid example of DoD-endorsed, fundamentalist Christian supremacy, ...exclusivity ... and triumphalism...." God and Country blog also has coverage of the controversy.
Attorney Has Standing To Challenge Judge's Prayer Practices
Here, Attorney Roe has offered testimony that he practices law in Montgomery County, Texas, has appeared in Judge Mack’s courtroom on several occasions, and that he avoids the courtroom because of Judge Mack’s practice. The harm alleged does not occur only because he enters the courtroom, but also because he must avoid the courtroom since the practice continues. Therefore, there is a substantive risk that were he to accept a case in Judge Mack’s court, he will be exposed to the prayer practice. Hence, Attorney Roe has satisfied the standing requirements.
Judge Mack also challenges the FFRF’s standing. Because the Court has determined that Attorney Roe has standing, the FFRF has associational standing.
Friday, December 06, 2019
Missouri AG Supports High School Football Coaches' Prayer Practices
It is our understanding the Cameron High School's head football coach, Jeff Wallace, and assistant football coach, David Stucky, have been holding religious "chapel" services for players before and after football games where coaches pray with players and read and discuss bible verses. We understand that after games, Coach Wallace holds religious services with players on the fifty-yard line and leads players in prayer. We understand that Coach Wallace often brings in outside preachers to proselytize to players as well.
It is illegal for public school athletic coaches to lead their teams in prayer or religious worship.Responding to this, Attorney General Schmitt in his letter said in part:
FFRF is an extreme anti-religion organization that seeks to intimidate local governments into surrendering their citizens' religious freedom and to expunge any mention of religion from the public square....
Our understanding is that no coach or other Cameron official has forced any football player to participate in prayer or taken any action against any player who chose not to participate. The prayer occurs outside of the football game. The prayer is not broadcast over stadium loudspeakers, and fans evidently cannot hear any part of the prayer. The school district reports that it received no complaints from anyone about the prayer, and FFRF does not reference any complainant in their letter. Evidently, FFRF's threat does not reflect any discomfort with the prayers in the local community. Rather, it reflects only FFRF's radical agenda. And without a complainant, FFRF lacks standing to sue the school district, no matter how strongly it objects to this voluntary prayer.Friendly Atheist blog reports on these developments.
Saturday, November 23, 2019
Challenge To Chaplaincy Program Dropped After Changes Are Made
Sunday, October 15, 2017
Texas Engaged In Viewpoint Discrimination In Removal of Bill of Rights Nativity Display
The court went on to deny summary judgment to defendants on FFRF's Establishment Clause claim because material questions of fact remain as to defendants' purpose in excluding the exhibit. It rejected the governor's claim of qualified immunity as to the free speech claim, but granted it as to the Establishment Clause claim. Friendly Atheist blog has more on the decision.
Monday, October 09, 2017
Court Says Tax Code's Parsonage Allowance Is Unconstitutional
any reasonable observer would conclude that the purpose and effect of § 107(2) is to provide financial assistance to one group of religious employees without any consideration to the secular employees who are similarly situated to ministers. Under current law, that type of provision violates the establishment clause.As a remedy, however, the court issued only a declaratory judgment, and gave the parties the opportunity to file supplemental briefs on additional remedies such as a tax refund to plaintiffs who were taxed on their housing allowances from their employer (the Freedom From Religion Foundation), or an injunction of some sort. FFRF issued a press release announcing the decision. [Thanks to Bob Ritter for the lead.]
Friday, May 05, 2017
FFRF Sues To Enjoin Executive Order's Directions On Johnson Amendment
The EO, with the President’s annotated interpretation and construction, makes clear that a relaxed and differential standard of enforcement of § 501(c)(3)’ electioneering restrictions shall be applied to churches and religious officials.An FFRF press release announced the filing of the lawsuit. The suit came as the ACLU announced it would not sue over the Executive Order. (See prior posting). [Thanks to Norman Buck for the lead.]
Wednesday, February 22, 2017
In Settlement, School Will Remove Ten Commandments Monument
Thursday, December 22, 2016
Removal of Secular "Nativity Scene" May Be Viewpoint Discrimination
In this case, a genuine issue of material fact exists as to whether Defendants' decision to remove FFRF's exhibit constitutes viewpoint discrimination.Plaintiff's other 1st and 14th Amendment challenges were dismissed. Dallas News reports on the decision.
Monday, December 19, 2016
Winter Solstice Displays Counter Religious Ones
UPDATE: Here is the full text of the Shelton, CT settlement agreement.
Friday, May 06, 2016
FFRF Sues House Chaplain Over Invocation Requirements
FFRF issued a press release announcing the filing of the lawsuit, saying in part:
FFRF is asking the ... Court ... to declare that barring atheists and other nonreligious individuals from the position of guest chaplain violates the Constitution and RFRA, and that requiring guest chaplains to invoke a supernatural power violates Article VI. The organization is also bringing an Establishment Clause claim under the First Amendment of the Constitution, pointing out the chaplain's office is showing an unconstitutional preference for religion over nonreligion.
"We take some satisfaction in filing this lawsuit on the National Day of Prayer, an unconstitutional law enacted at the behest of the Rev. Bill Graham in 1952 requiring the president to issue an annual proclamation exhorting citizens 'to turn to God in prayer, at churches,'" says Barker.
Monday, April 18, 2016
Suit Challenges School's Refusal To Publicize Scholarship Essay Contests By FFRF and Freethinkers Group
Saturday, December 19, 2015
Majority of Texas City Council Resign Over Holding of Forum Sponsored By FFRF
The purpose of this event is to dispel misconceptions, gain accurate information about FFRF's ongoing involvement in SETX [Southeast Texas] school districts, and to discuss local and legal policies surrounding religion in public schools.The resignations leave city council without a quorum to transact business. The Agenda for the Dec. 22 Council Meeting includes "Nominations for Vacant Council Seats." Friendly Atheist blog has more on the controversy and a link to a video of the FFRF panel discussion.
Wednesday, October 07, 2015
School Prayer Lawsuit Settled
Sunday, October 04, 2015
Police Departments Adding "In God We Trust" To Patrol Cars
“With the dark cloud that law enforcement has been under recently, I think that we need to have a human persona on law enforcement,” said Sheriff Brian Duke of Henderson County, Tenn. “It gave us an opportunity to put something on our cars that said: ‘We are you. We’re not the big, bad police.’ ”
But critics worry that displays of “In God We Trust” on taxpayer-funded vehicles cross the threshold of constitutionality, even though the courts have repeatedly brushed aside challenges to the motto, which Congress enshrined in 1956. Explanations like the one Sheriff Duke offered have not curbed those frustrations.
“This motto has nothing to do with the problem of police forces’ shooting people, but it’s a great way to divert attention away from that and wrap yourself in a mantle of piety so that you’re above criticism,” said Annie Laurie Gaylor, a co-president of the Freedom From Religion Foundation, a Wisconsin-based group that has demanded that law enforcement officials stop exhibiting the motto. “The idea of aligning the police force with God is kind of scary. That’s the first thing you’d expect to see in a theocracy.”