-Caveat Lector-

from: AMERICAN ATHEISTS
subject: AANEWS for July 13, 1999

     A M E R I C A N   A T H E I S T S
   #607 ~~~~~~~~~~~~~~~~~~ 7/13/99
            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...
   * Court nixes "ichthus" on Republic city seal
   * Something's fish about this symbol
   * Oregon Senate restores faith-healing exemption
   * Smith defects to USTP as religious right fragments
   * Resources
   * About this list...

   FISH SYMBOL ON TOWN SEAL VIOLATES CONSTITUTION

A federal Judge has ruled that the inclusion of a Christian fish or
"Ichthus" symbol on the town seal of Republic, Missouri violates the
First Amendment's establishment clause.  On Friday, Senior U.S.
District Judge Russell G.  Clark rejected arguments by city officials
who said that the fish was merely a "universal symbol of religion" and
was designed to encourage morality.  Clark noted, "The portrayal of
the fish impermissibly excludes other religious beliefs or nonbeliefs
and -- intended to or not -- depicts Christianity as the religion
recognized and endorsed by the residents of Republic."

The seal was challenged by Jean Webb in July, 1998.  At the time, Webb
-- who describes herself as a member of a Wiccan group -- resided in
Republic, having moved there in 1995.  She penned an opinion piece in
the local newspaper which criticized the seal, and argued that the
fish symbol was distinctly Christian in its meaning, and conveyed the
message that other religious beliefs would not be welcomed in the
community.

The ichthus had been on the town seal since 1990, after being selected
in a citywide design contest.

Attorney Douglas Bonney, who represented Ms. Webb on behalf of the
American Civil Liberties Union, told the Kansas City Star newspaper
that the decision "upholds the precept of the First Amendment because
you cannot do anything officially that condones a Christian religion
that alienates the minority."  The paper adds that "On that issue,
supporters of the fish symbol gave Clark ample evidence," noting that
the Judge received "petitions and statements from supporters (which)
acknowledged the fish was a Christian emblem..."

"Even Republic's own citizens do not deny that the fish seal is a
Christian symbol," Clark opined.  "At a meeting of the Board of
Aldermen on March 9, 1998 ...  Sam Darmer stated that he moved to
Republic because he was a Christian and the symbol persuaded him that
he would be accepted..."

Pastor Don Weaver of the West Republic Baptist Church told the Star,
"The people voted for this city ...  But we are ruled by minority any
more (sic).  Atheism represents only 3% of the population.  When their
beliefs are forced on the other 97%, that's not democracy."

The City of Republic was represented by the National Legal Foundation,
a "religious rights" group which first appeared on the political radar
screen in the 1980s, when it defended efforts by a group of parents in
Tennessee to have "anti-Christian" texts and other books removed from
the school curriculum.  Later, the Foundation was active in Colorado
working with James Dobson, Pat Robertson and other religious right
leaders who promoted the state's notorious antigay ballot initiative.

The City has 30 days to decide upon any appeal process to the 8th
Circuit Court of Appeals.  Republic Mayor Douglas Boatright told the
First Amendment Forum that officials would discuss legal strategy with
NLF.  The Foundation has reportedly informed Republic leaders that all
other federal appeals involving a religious symbol on a city seal were
over the presence of a Christian cross.  According to the Kansas City
Star, the legal group "considers the fish as a less definitive symbol
that could pass legal muster..."  The 8th Circuit has never ruled on
such an issue; any verdict on behalf of Republic would then result in
different opinions from appellate jurisdictions, automatically sending
the case on to the U.S.  Supreme Court for resolution.

Former Republic Mayor Harold Tindell, who was on the Alderman Board in
1990, told the paper that he asked the winner of the design contest
the meaning of the fish symbol.  "An outstretched hand was a welcome
sign, he was told.  The fish symbolized the city's Christian
morals..."

                                                      **

                     SOMETHING'S FISHY ABOUT THIS SYMBOL...

Although Christians today like to embrace the fish or "ichthus" symbol
as an icon of their own faith, the true origins of the fish could
surprise, even outrage true believers.  The "ichthus" may symbolize
prudery, self-sacrifice, repression and everything else associated
with the Christian religion, but before the rise of the Jesus cult it
definitely meant, well, something entirely different!  Check out:
http://www.atheists.org/flash.line/hawaii2.htm for background on this
ancient symbol.  Christian or atheist, you'll never look at the
"ichthus" symbol again in quite the same way.

                                                         **

   FAITH-HEALING EXEMPTIONS RESTORED BY OREGON SENATE

Oregon's Senate voted 24-3 yesterday to approve legislation which
restores most of the crucial exemptions for faith-based sects and
parents who cite a "spiritual treatment defense" in criminal
prosecutions.  In May, the state's House of Representatives had
crafted special legislation removing the special protections for
parents charged with murder, child abuse, neglect or manslaughter who
justified their actions on the basis of religious doctrine.  That move
enjoyed bipartisan support and was approved 38-21.

The state has become a battleground over the question of faith-healing
exemptions for parents since a special expose that appeared last year
in the The (Portland) Oregonian newspaper.  The report examined
conditions inside a small fundamentalist sect known as the Followers
of Christ; several children had died of treatable diseases, said the
paper, including an 11-year old with diabetes.  Follows of Christ
believe in prayer rather than medical treatment as a remedy for
physical ailments.

Oregon is one of several states which has a statutory shield which
immunize parents who believe in faith-healing doctrines from
prosecution of many civil and criminal crimes.  The effort to revise
the law was supported by the advocacy group CHILD, INC ("Children's
Healthcare is a Legal Duty") headed by Rita Swan.

The reversal in the Oregon Senate is likely due to the lobbying effort
of the Christian Science Church.  Bruce Fitzwater, head of the
church's Committee on Publication, told the Senate Judiciary Committee
that the First Amendment guaranteed such protections for those parents
who shunned medical treatment in favor of prayer or other religious
alternatives.  In a July 2 editorial, The Oregonian had urged
lawmakers to "put first things first: protect those who can't defend
themselves."  But State Sen.  Kate Brown praised the Judiciary
Committee's decision to approve the measure, saying that its
legislation was a "more practical and reasonable" approach than the
House version.

In addition to efforts by the Christian Scientists, fundamentalists in
the Senate led efforts to maintain faith-healing exemptions in the
law.  Sen.  Marilyn Shannon (R-Brooks), a Christian political
activist, lectured fellow lawmakers, "I believe in miracles, and I
believe what the Bible teaches.  This isn't about belief it miracles,
it's about common sense..."  Others who supported the measure cited
different reasons, such as Sen.  Lenn Hannon (R-Ashland).  He told the
Portland Oregonian, "It doesn't mean that I embrace what they're
(faith-healing believers) doing to their child.  But this reaches into
families in a way I'm not prepared to embrace."

The Senate action now means that its version will be sent to a special
conference committee where legislators will attempt to hammer out
agreement with the House bill.

In related news, budget writers in the Oregon House have eliminated
state funding for abortion and doctor-assisted suicide, despite
threats of a veto by Gov.  John Kitzhaber.  The move deleted $2.8
million in state monies for abortion services to poor women.  On
Sunday, Kitzhaber sent a special letter to state lawmakers charging,
"If the Legislature wishes to overturn the state's policy on Medicaid
abortions or Death with Dignity, it should sponsor bills which
specifically make such changes rather than seeking to bury these
actions in a budge measure..."

                                                       **

                    FURTHER SPLITS AS RELIGIOUS RIGHT MULLS
                                  THIRD PARTY EFFORTS

  To stay or not to stay?

That is the question being debated inside a number of key religious
right groups and campaign organizations this week following the
defection of former GOP nomination contender Sen.  Robert Smith
(R-N.H.) to the U.S.  Taxpayers Party.  Smith ended several days of
anticipation and guessing, announcing this past weekend that he was
leaving the GOP in order to run for president on the Taxpayers Party
ballot; the move follows a growing rift between Smith and the
Republican leadership, which Smith charges is moving away from its
emphasis on hard line social issues like abortion.

The announcement has already sent ripples through the Republican
establishment, and turned up the level of rhetoric from those who
charge that GOP leaders are "anointing" Texas Governor George Bush as
the party's year 2000 standard-bearer months before any primaries or
the Philadelphia convention next summer.  While Smith's candidacy for
the nomination was considered less than a blip on the political radar
screen, Republican officials fear that it could signal further
defections from conservative ranks, and encourage some voters to throw
their support behind USTP, or even Ross Perot's Reform Party movement.

The New York Times reports that GOP leaders are already considering a
"12th Commandment pledge," which would hold the party faithful --
supporters and elected officials alike -- to a promise to not run on a
third-party or independent bid.  The "11th Commandment" refers to
Ronald Reagan's promise, "Thou shalt not criticize a fellow
Republican."

Smith's defection to the U.S Taxpayers Party suggests the power which
an extremist ideology can wield even within the "establishment"
Republican ranks.  USTP was founded by former GOP political operative
Howard Phillips, now a firm believer in Christian Reconstructionism.
Followers of that theology believe that all of society must be
"reconstructed" along Old Testament and Biblical lines.
Reconstructionism teaches that women must "submit" to men as head of
the household, and calls for the death penalty -- some suggest by
stoning -- for over a dozen transgressions including homosexuality,
murder, blasphemy, divorce and even disrespect to parental authority.
Although it has "Taxpayers" in its name, the USTP has little to do
with limiting the power of the state, and instead centers most of its
efforts on working to pass a ban on abortion, eradicate rights for
homosexuals, and demolish the wall of separation between church and
state.

Smith's defection to this Reconstructionist front group drew quick
condemnation from leadership Republicans, who in turn came under
attack from religious right luminaries still in the party ranks.  The
latter included Gary Bauer (Family Research Council), political
commentator Pat Buchanan -- who is perhaps closer to Reconstructionism
than his Catholic roots betray -- and millionaire Steve Forbes.  After
Jim Nicholson, Republican National Committee Chairman, denounced
Smith's defection, warning him that it was "a serious mistake for you
personally," Forbes returned the salvo during an appearance on the CNN
program "Late Edition."

"The Republican establishment (must) stop running people like Bob
Smith out of the party," declared Forbes, who added that if he wins
the nomination, he will welcome the political prodigal son back into
the GOP ranks.  Pat Buchanan fired next, telling "Face the Nation"
that he was undecided about supporting front-runner Texas Governor
George Bush should he win the nomination.  Buchanan added that he
would not "rule out" his own third party scramble.  And Bauer was
perhaps the shrewdest of all, telling Chairman Nicholson in a letter
that he, "Like millions of other Republicans," was "concerned by the
retreat of our party's leadership on matters of fundamental
principle."  He added that Nicholson's rebuke to Smith was "rude,
insulting."

                A Backlash Against The New King?

All of this suggests a high level of frustration and angst in the
ranks of hard line Republican religious conservatives disenchanted
with both the party agenda, and the overwhelming momentum of Gov.
Bush's campaign.  As noted earlier in AANEWS, Bush has "sucked up the
oxygen," a political euphemism for raising so much cash on the
campaign stump that it leaves nothing but crumbs for his nomination
opponents.  This certainly affected Smith, whose efforts in New
Hampshire and other primary states has been confined to day-to-day
appeal for funds.  The Buchanan effort is not much better off.  Steve
Forbes has his own individual fortune to rely on, though, and Bauer --
who we consider to be a "sleeper" candidate because of his splendid
network of well heeled, and well-off, backers -- has raised over $3
million.  Smith, as of May 5, had taken in only $316,000.

Some of the party's religious conservatives insist that Nicholson and
other GOP "king makers" continue to de-emphasize the social agenda so
dear to their hearts.  Despite control of both ends of capitol hill,
Republicans have yet to enact a ban on abortion or gays in the
military, or pass other legislation such as a school prayer bill.

                 Robertson: A Party Man

While Smith and Buchanan flirt with their third-party fantasies --
Bauer can be expected to remain in the GOP tent at least up the
convention -- Part Robertson and his stable of political backers make
it clear that they see the Republican Party as their best chance for
getting a few slices, if not all of their pie.  Robertson told "Fox
News Sunday" that Smith's defection to the USTP was "an awful
mistake," and warned: "Third parties just don't work in America.
We've pretty much settled on two major parties, and I think the
effective way to work in politics is through one of them."

But the Smith move to the most extreme quadrants of the political
fringe suggests a growing split on the religious right.  Smith,
Phillips and others under the U.S.  Taxpayers Party agenda remain in
the political system, but have written off the Republican Party as a
vehicle for change.  Buchanan flirts with this possibility; his
attacks on party leadership and its new "king," George W.  Bush, are
often more acerbic than anything he levels at Vice President Gore.
Bauer is politically astute, and like Robertson probably knows that to
have any effect, he must continue to work within the GOP
infrastructure: he can expected to exploit the Smith defection,
though, as leverage in getting his message across -- and included in
the party platform -- on issues like abortion, school prayer, aid to
churches and other "family friendly" legislation.  And there is a
growing cohort of religious conservatives who support the call of Paul
Weyrich of the Free Congress Foundation that they abandon the
political process and instead concentrate on prayer, founding churches
and creating their own Christian alternative institutions such as
private schools.

All signs continue to suggest that Robertson can easily support his
close associate George W.  Bush.  The Texas Christian Coalition worked
hard to elect the son of the former President, and Robertson has
assured nervous supporters that Bush is "passionately" pro-life
despite his statement that America was "not ready" for a full ban on
abortion.  Robertson is in the process of reorganizing the Coalition,
and is ahead of schedule in efforts to raise $21 million to spend on
year 2000 races.

                                                             **

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