-Caveat Lector-
----- Original Message -----
From: <[EMAIL PROTECTED]>
from: AMERICAN ATHEISTS
subject: AANEWS for August 11, 1999
A M E R I C A N A T H E I S T S
#622 ~~~~~~~~~~~~~~~~~~ 8/11/99
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...
* Johnson to Rodham: Bill can help to stop Boy Scout discrimination
* American Atheists to protest PK in Charlotte, NC this Saturday
* Religious groups want zoning exemptions
* Southern Regional Atheist Meet (RAM) September 26, choo-choo town
* Resources
* About this List...
JOHNSON TO RODHAM, WHITE HOUSE -- YOU CAN DO SOMETHING TO
END DISCRIMINATORY SCOUT PRACTICES
If letters, faxes and press releases don't help, maybe a word to the
in-laws will.
Last night during an appearance on the ABC network program
"Politically Incorrect," American Atheists President Ellen Johnson
discussed the discriminatory policies of the Boy Scouts of America
with respect to their exclusion of atheists, homosexuals and others,
and urged co-panelist Tony Rodham to pass the word -- tell your
brother-in-law that as "Honorary President" of BSA, he can do
something to change that organization's practices.
Rodham is brother to First Lady Hillary Rodham Clinton. President
Bill Clinton continues a long tradition where the commander-in-chief
also serves as Honorary President of the Boy Scouts of America.
The debate over the scouting organization has intensified in the wake
of lawsuits challenging the discriminatory practices of the BSA which
require applicants to swear a religious oath and be of "morally
straight" character. Those stipulations have been used to exclude gay
and atheist youngsters, a policy which critics say conflicts with
other parts of the BSA's positive mission. Plaintiffs who have taken
the Boy Scouts to court argue that the standards are also
discriminatory, and that as a "public accommodation" the BSA is
violating federal and state civil rights statutes.
Atheists throughout the country have argued against BSA policies, and
the involvement of public institutions such as schools in promoting
the scouting program. In Oregon, atheist activist Nancy Powell has
been challenging officials and insisting that by permitting
exclusionary groups like the scouts to recruit in local schools, they
are perpetuating discrimination. Chicago-area civil rights activist
Rob Sherman has urged government agencies which sponsor BSA units to
end their affiliation, and Pennsylvania atheist Margaret Downey has
unsuccessfully tried to alter scout policies through the courts.
One crucial legal issue is whether organizations like the Boy Scouts
are a private group or "public accommodation" which is thus subject to
anti-discrimination laws. While the BSA says that no one is compelled
to join the scouting group, critics point to a close relationship
between the Boy Scouts and local government agencies including
schools, fire and police departments which "sponsor" scout units.
"I'm not trying to tell private organizations what they should or
should not do," Ellen Johnson told AANEWS following last night's
"Politically Incorrect" appearance. "But it's hypocritical to say to
youngsters that it's OK to associate during the regular school day
with certain kids who happen to be gay, or atheists, then exclude them
from scout meetings because of sexual or philosophical differences."
Johnson said that the exclusionary BSA policies "show that the
Scouting organization needs to enter the twentieth century and
catch-up with the other institution in American society which have
made an effort to become more tolerant and inclusive."
"You shouldn't be excluding millions of kids because of their sexual
orientation, or the fact that they don't go to church," Johnson added.
Last Wednesday, the New Jersey Supreme Court ruled that the Boy Scouts
were indeed a public accommodation and that exclusion of homosexual
boys or leaders violated state anti-discrimination laws. State high
courts in California, Oregon, Connecticut and Kansas, however, have
differed and consider the BSA to be a strictly private group. The New
Jersey case was brought by a former Eagle Scout and assistant scout
master who was expelled from the BSA in 1990 after local scouting
leaders learned that he was also a gay rights activist. James Dale,
now 29, found his experiences with the Boy Scouts to be a valuable
learning process, though, and says that the scouts "taught me a long
time ago the difference between right and wrong. Nine years ago, I
was kicked out of the program, I knew it was wrong."
The Scouts are mulling an appeal in the New Jersey case. BSA
spokesman Greg Shields told reporters last week, "This is a
constitutional issue. We think the Supreme Court will be interested
in hearing it." Shields reaffirmed the Boy Scouts requirement that
applicants be "morally straight," which has been part of the BSA code
since its founding in 1910.
The debate over the scouts is also polarizing religious and political
groups. Reacting to last week's court ruling in New Jersey, the
Family Research Council charged that the decision "victimizes the Boy
Scouts and devastates the freedom of association in America." It also
blasted the court's reasoning in declaring the BSA to be a "place of
public accommodation" because of its partnership with public entities.
"The state Supreme Court has defined the Boy Scouts as nothing more
than a hotel, hospital or restaurant. All must be accommodated,
regardless of beliefs," noted a FRC press broadside. A similar
opinion was voiced by Pat Robertson's American Center for Law and
Justice (ACLJ) which declared, "This decision tramples on the First
Amendment free speech and freedom of association rights of the Boy
Scouts." ACLJ Director Jay Sekulow predicted that the matter would
end up before the U.S. Supreme Court, and added that ACLJ had filed
an amicus "friend of the court" brief in the New Jersey case for the
Boy Scouts on behalf of four U.S. Congressmen. They are: Rep.
Robert Aderholt (Ala.), Rep. Ernest Istook (Ill.), Rep. Asa
Hutchinson (Ark.) and Rep., Charles Pickering (Miss).
The ACLJ brief declared that the group "opposes the misuse of state
anti-discrimination laws to compel individuals and organizations to
endorse currently fashionable sexual ethics."
Churches are also taking up the debate over the scouts. Today's
Washington Times notes, "Court battles over the Boy Scout ban on
admitting homosexuals, based on its 'God and country' doctrine, appear
to be spreading to church groups that sponsor scouting." The paper
adds that the United Methodist Church, which sponsors nearly 12,000
scouting units, may soon debate whether or not to continue its
association with the Boy Scouts. The Times notes that "Churches as a
group sponsor 62 percent of Boy Scout troops at all age levels,
accounting for 55 percent of all boys in scouting." Among them are
31,402 BSA units affiliated with the Mormon Church which are organized
into "wards" and account for a total scout membership of over 412,000
youngsters. Roman Catholic churches sponsor 9,635 troop units,
Baptists account for 4,973, Lutherans an estimated 4,364,
Presbyterians 3,981, Episcopalians 1,413, Disciples of Christ 1,124
and United Churches of Christ Congregational 1,414.
Are the scouts likely to change their discriminatory policies in the
near future? Mr. Shields declared, "I can tell you with all
confidence that the Boy Scouts policy on homosexuals has not changed.
We believe homosexual conduct is inconsistent with the Scout oath and
law." Right now, most attention in this case involves gay youngsters;
but with the 'God' oath and other religious components, the BSA -- and
possibly the Supreme Court -- may have to confront the question of
equal rights for atheist youngsters as well.
"President Clinton could have a real impact on this case, all without
dragging the courts into the picture," declared Ellen Johnson. "Legal
or not, discrimination is wrong when you penalize youngsters because
they don't match sexual or religious stereotypes." Johnson added that
with Mr. Clinton being the Honorary President of the BSA, "He has
enormous influence on bringing constructive pressure regading this
policy to the attention of the BSA leadership."
"It's time for Clinton to set a good moral example," Johnson noted.
"He isn't facing reelection, and he can take a stand based on
principle rather than political expediency."
**
ATHEISTS TO PICKET PROMISE KEEPERS AUGUST 14, NORTH CAROLINA
American Atheists will host a peaceful demonstration of the Promise
Keepers rally in Charlotte, North Carolina next Saturday, August 14.
Members and supporters of AA will gather at the main entrance to the
Charlotte Coliseum on Tyvola Road from 11:00 a.m. to 1:00 p.m.
The purpose of this protest is to call attention to the sexist,
homophobic and reactionary agenda of the Promise Keepers movement, and
its ties to political active religious-right organizations.
"Promise Keepers is exploiting legitimate concerns about problems in
today's society, particularly how these concerns affect men," says
Wayne Aiken, North Carolina State Director of American Atheists. "As
'traditional' roles in our society change, it is tempting to blame
many of our social problems on this change, while ignoring the
positive benefits."
Referring to those seduced by this blame-game, Aiken added, "Promise
Keepers capitalizes on the confusion of modern life in order to
ideologically mold these men, using manipulative cult techniques, into
the next wave of the 'Religious Right.' "
Appropriate signs and banners will be provided in keeping with the
theme of this peaceful demonstration. For more information, visit
http://www.atheists.org/nc/ or contact Mr. Aiken through
[EMAIL PROTECTED], or
**
ZONING, RELIGIOUS PRACTICES COLLIDE: A NEW TEST OF RLPA?
Every week, nearly a dozen women attend a prayer meeting in the Denver
home of David and Diane Reiter. Nearly two thousand miles away, the
Rev. Kenneth Greathouse of the Apostolic Worship Center wants to
continue leasing space in a Homestead, Florida strip mall. But both
the Reiters and Rev. Greathouse are now locked in legal battles which
test the interests of those seeking to practice their religion against
local neighborhoods and governments. The cases involve the question
of whether municipalities can put any restrictions whatsoever on
religious groups through zoning and land-use restrictions, as they do
with private businesses or even residential homeowners. And both are
part of the larger question of "religious rights" now under
consideration on capitol hill as legislators mull the proposed
Religious Liberty Protection Act, RLPA.
Supporters of RLPA maintain that the legislation is necessary to
guarantee the free exercise of religion in the face of growing
government entanglement and regulation. Last month, the House of
Representatives passed its version of the Religious Liberty Protection
Act which requires government to use a "compelling interest/least
restrictive means" test when dealing with faith-based groups and
practices. A similar measure in the Senate is still under
consideration, and that body is expected to take up the matter again
when it reconvenes next month following the August recess. If passed,
RLPA would make it harder for local and state governments to "burden"
religious groups with the sorts of laws, regulations and ordinances
which apply to businesses, secular groups and private individuals.
That's discrimination, charge opponents of RLPA, who say that the bill
amounts to "entitlement legislation" for churches, mosques, temples
and other faith-based organizations.
Take the case of the Reiters, who have been hosting weekly Bible study
and prayer gatherings in their home since early 1998. In October, the
City of Denver issued a cease-and-desist order stating that it holding
any meetings more than once a month violated the city code. Zoning
Administrator Kent Strapko told the Denver Post that the ordinance
"pertains to all meetings that would be held in private homes on a
regular basis, not just prayer meetings," and added that neighbors had
complained about traffic, noise and other issues. The Reiters
appealed their case to the Denver Board of Adjustment for Zoning but
lost, and have now filed a lawsuit in the U.S. District Court arguing
that their rights of free speech and peaceable assembly has been
violated.
Rev. Greathouse's situation is more complex. He and the Apostolic
Worship Center have filed suit against the City of Homestead's
restrictions which apply to the town's commercial district. An
ordinance enacted last May requires any religious group operating
within the special commercial zone to abide by a long list of
regulations having to do with everything from occupancy limits to
parking requirements. Some of the stipulations resembled those which
many communities apply to commercial establishments such as bars,
movie theaters or even adult bookshops. But an attorney with the
legal group representing Greathouse insists that the ordinance targets
faith-based groups and violates First Amendment rights to free speech,
assembly and the exercise of religion. The suit cites the First and
Fourth Amendments to the Constitution, as well as the Florida
Religious Freedom Restoration Act (RFRA), a state-level version of the
Religious Liberty Protection Act.
An attorney for the City told the First Amendment's Freedom Forum that
the ordinance "was not anti-religious in any way," and that the
municipality originally wanted to encourage churches and other houses
of worship to locate in residential rather than commercial
neighborhoods. Indeed, the creation of "commercial zones" has been a
hot strategy in revitalizing communities and generating revenue for
local governments. But locating churches in residential areas leads
to problems as well. Two groups of neighbors in Belmont, Mass. are
suing local officials charging that they violated zoning and land-use
regulations by permitting the construction of an enormous Mormon (LDS)
temple in their residential community.
So, who's right? Religious groups often cite the protections of the
First Amendment; but a growing interest-coalition of neighborhood
activists, residential associations, local planners, environmentalists
and others say that the same regulations which apply to private land
owners or business should also be binding for faith-based sects. In
Denver, Mr. Strapko noted, "The ordinance gives the city the authority
to protect residential neighborhoods from anything beyond reasonably
expected activity that is not uncommon or disruptive," and mentioned
"football parties, yard sales and religious meetings."
"We don't distinguish, ever." Strapko added that the city took action
over the weekly prayer gatherings "because of (their) impacts on
adjacent properties," noting that "Complaints were made because of
parking issues."
Neighbors holding regular business meetings, parties or other
non-appropriate events may be accepted as just cause for a city to
intervene. And businesses locating in commercial zones are already
used to the maze of regulations which local governments often employ,
affecting everything from parking and noise to occupancy and fire
safety. Should a church, mosque, or synagogue be any different? Do
neighbors have a right to complain over noise, pollution, parking or
other problems whether generated by a night club or "mega-church" in
the middle of their neighborhood? It is a question which,
increasingly, is ending up in both courts and legislatures -- and no
perfect resolution seems likely.
**
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;
we are still in the process of planning the RAM, but scheduled
speakers so far include American Atheists President Ellen Johnson and
writer Conrad Goeringer. Check your membership newsletter or the
American Atheists web site for more details -- but mark your calendar
now, and plan on attending the Southern RAM!
**
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]
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