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From: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Saturday, February 06, 1999 1:58 PM
Subject: re; AANEWS for Saturday, February 6, 1999
from: AMERICAN ATHEISTS
subject: AANEWS for February 6, 1999
A M E R I C A N A T H E I S T S
AANEWS
#522 ~~~~~~~~~~~~~~~~~~ 2/6/99
http://www.atheists.org
ftp.atheists.org/pub/atheists/
http://www.americanatheist.org
---------------------------------------------
A Service of AMERICAN ATHEISTS
"For Reason and the First Amendment"
----------------------------------------------
In This Issue... * RFRA due for reintroduction in Maryland *
Robertson gala -- continued ties between GOP and religious right *
American Atheists National Convention, April 2-4, 1998. Get ready! *
Resources * About this list...
REVISED MARYLAND RFRA DIVIDES RELIGIOUS GROUPS
If at first you don't succeed, try again.
That seems to be the attitude of many organizations working hard to
enact a cosmetically enhanced version of the old Religious Freedom
Restoration Act (RFRA) struck down two years ago by the US Supreme
Court. RFRA legislation would compel government to use a "compelling
interest-least restrictive means" test when dealing with faith-based
organizations and beliefs.
It sounds good on paper, an extension of the First Amendment's free
exercise clause. But opponents warn that RFRA legislation -- it's now
known as the Religious Liberty Protection Act -- goes too far, and
creates "special rights" for churches, temples and religious
believers. Writing in support of the high court's decision in the
historic BOERNE v. FLORES case, Justice John Paul Stevens warned that
the law provided organized religion with a legal weapon which "no
atheist" could obtain. Indeed, critics point out that so- called
"religious liberty" legislation goes far beyond the bounds of the
First Amendment, and creates a two-tiered systems of laws in America,
one for religious enterprises, the other for private individuals and
businesses. Is that fair?
Last month in Texas, Governor George Bush announced that he would
support RFRA/RLPA legislation, bringing the Lone Star into the growing
ranks of states where similar bills have been introduced or enacted.
But in Maryland, "religious liberty" legislation is reportedly being
reintroduced in the Assembly after experiencing a sudden and
unexpected demise last year. The Maryland development is significant.
In Marcy, 1998, State Senate President Thomas Miller (D-Prince George)
and Delegate Samuel Rosenberg (D-Baltimore) agreed to pull the
proposal after they were unable to resolve numerous problems. Passage
of the Maryland RFRA had been considered a "done deal," especially
since it enjoyed the support of the state's religious lobby including
the powerful Roman Catholic Church. The lobbyist for the Maryland
Catholic Bishops Conference had led the ecumenical effort for passage,
and the announcement that the state RFRA was in trouble came as a
surprise to both supporters and critics.
Now, a revised version of RFRA will be introduced in Maryland's
legislature during the coming term. The bill's sponsor, Mr.
Rosenberg, says that this "new and improved" RFRA will exempt prison
and jail inmates from coverage of the special protections which are
extended to faith-based groups and believers. The legislation has not
been formally introduced, and according to the Baltimore Sun newspaper
and Associated Press, Rosenberg is "hopeful that the attorney
general's office will help him come up with a bill that will satisfy
most of last year's opponents."
That move is already causing a split within the ranks of the groups
which have supported the Religious Freedom Restoration Act since it
was introduced and passed five years ago at the federal level. The
campaign to enact RFRA/RLPA legislation has been spearheaded by the
powerful Coalition for the Free Exercise of Religion which consists of
mainstream Protestants, Christian evangelicals and fundamentalists,
new age groups, Scientologists, Hindus, Humanists, Moslems and others.
Also throwing their weight behind the "religious liberty" effort have
been organizations traditionally associated with the fight for First
Amendment rights, including American Civil Liberties Union and
Americans United for the Separation of Church and State.
The ranks have begun to fragment, though, as opposition to RFRA/RLPA
legislation consolidates and compromise versions fails to win support
from all religious groups. That could be the case now in Maryland,
where there is disenchantment with the "new" RFRA being slated for
introduction. The influential and well-funded Catholic bishops
reportedly are not backing the new proposal, although other
faith-based groups including the Baltimore Jewish Council continue
their support.
"The reason is that last year's bill set an appropriately high
standard for what we consider to be among the most important rights of
citizens," declared Richard Dowling of the Maryland Catholic
Conference in an interview with the Baltimore Sun. "This year's
legislation doesn't come close to that standard."
The "exemption" for prison and jail inmates has already created
problems for RFRA/RLPA legislation elsewhere. In California,
then-Governor Pete Wilson refused to sign a "Religious Liberty
Protection Act" following complaints by the state's Department of
Corrections which argued that the law could create security problems
throughout the sprawling prison and jail system. A similar dilemma
arose in Illinois, where Gov. Jim Edgar vetoed a RFRA measure citing
concerns about its impact behind prison walls. Some opponents of the
legislation argue that it would provide any jail inmate citing
religious belief with special rights and privileges, and could even
jeopardize security. The Coalition for the Free Exercise of Religion
and the ACLU, however, both claim that the law's impact behind bars
would be negligible.
Still getting a back seat in the RFRA debate, however, is the growing
number of diverse organizations which have concerns about "religious
liberty" proposals from other perspectives. In Maryland, the
executive director of the Association of Counties says that there is
"no guarantee" that local governments will support the RFRA. "County
officials will have to be assured that the bill will not open them up
to lawsuits based on alleged religious discrimination," noted the Sun
newspaper. That seems unlikely, however, since RFRAs impact could be
greatest at the local level. In disputes involving land use, zoning,
environmental regulations, historical ordinances and other laws,
municipalities and taxpayers will be vulnerable to litigation from
faith-based groups citing the legislation as an exemption. The BOERNE
v. FLORES case, in fact, involved the regional Catholic archdiocese
which sought to demolish most of a 70-year old church in Boerne,
Texas. The City of Boerne insisted that the structure fell under the
purview of local preservation ordinances; the church then filed suit,
citing the new Religious Freedom Restoration Act.
The Maryland RFRA could be an important turning point in the national
effort to pass RFRA/RLPA legislation. At the federal level, the 106th
Congress is expected to be under considerable pressure to pass the
Religious Liberty Protection Act which has cleared a House committee,
and is facing action in the Senate. And with legislators in state
capitols going back to work now, a slew of "mini-RFRAs" is certain to
be introduced in new states. The Maryland battle, though, suggests
that religious groups and other supporters remain divided over how far
they are willing to go in crafting compromise versions. The record
also suggests that time, open hearings and public awareness of
RFRA/RLPA could be the biggest obstacles to the "fast track" agenda
which the Coalition and its friends have been promoting in the last
year. When examined critically, the claim that "religious liberty"
legislation is necessary conceals not only practical problems and
consequences, but also the nagging question of whether it violates the
separation of church and state.
**
PRESIDENTIAL HOPEFULS TO PAY HOMAGE TO ROBINSON
AT SATURDAY COALITION BLOWOUT
Some of the leading candidates for the 2000 GOP presidential
nomination will be in New Hampshire tonight to pay homage to Christian
Coalition boss Pat Robertson during a glitzy "First in the Nation
Primary Gala Celebration" scheduled in Manchester. Plop down $100 for
the "Private Reception" at 6:15 and you may get to schmooze with Steve
Forbes, magazine publisher, or Gary Bauer, the feisty and
well-financed head of the Family research Council who is already
considered a probably candidate in the upcoming presidential
primaries. Reports suggest that you might also encounter the 1996 GOP
state primary winner, Pat Buchanan, Ohio Congressman John Kasich,
Elizabeth Dole, Lamar Alexander and New Hampshire U.S. Senator Bob
Smith. They're all coming to Manchester at Robertson's behest in an
event which is overflowing with symbolism. After all, New Hampshire
is the first of the major primary states where candidates for the
White House try to stake out their early political terrain; and the
fact that they are honoring televangelist Pat Robertson suggests that
his power as a political kingmaker has not diminished.
Conspicuous by his absence at tonight's Coalition shindig, though, is
GOP front-runner Gov. George Bush of Texas. His brand of
"compassionate conservatism" may not be sufficient for those clamoring
for the attention of Robertson and his well-oiled political machinery,
despite the governor's endorsement of a Religious Freedom Restoration
Act for Texas, or his continued flirtation with the death penalty,
vouchers and other elements of the religious right agenda. Although
Bush is a close friend of Pat Robertson, his political position lacks
the shrill rhetoric of "family values" that Christian Coalition
enthusiasts like to hear from Gary Bauer, or former favorite, Missouri
Senator John Ashcroft who mysteriously withdrew his bid as a 2000 dark
horse candidate.
For Mr. Forbes, this evening's celebration is an important one. Since
running a dismal campaign in 1996, he has worked hard to build more
bridges to the Republican Party's religious right wing, staking out
issues such as public morality, public funding of religious schools
and calling for an end to abortion rights. When he huddles with
Robinson and his lieutenants tonight, it will be a far cry from 1988
when he branded the avuncular televangelist a "toothy flake." It's
even a change from his 1995 primary efforts when he locked horns with
Robertson and another religious right hero, commentator and former
Reagan handler Patrick Buchanan.
Sources told the Washington Post, though, that key Christian Coalition
officials from across the country will use tonight's gala event to
announce their open support for Steve Forbes; and Andrea Sheldon,
executive director of the Traditional Values Coalition, said that she,
too, was throwing her support behind Forbes.
Bauer: The "Fulcrum" Candidate
Expect Gary Bauer of the Family Research Council to have a big impact
at the Robertson schmooze-fest. Articulate on the issues he supports,
Bauer has already formed an exploratory committee to support a
possible White House bid, and political insiders admit that he may be
able to outstrip many of his potential GOP primary rivals when it
comes to fund raising and organization. For years, Bauer has built a
reputation as a key religious right insider; he was also one of the
behind-the-scenes operatives last year when Focus on the Family
president James Dobson sent shivers throughout the Republican
leadership when he accused the GOP of being too soft on moral and
family values issues, and threatened to walk out of the party.
Bauer's group started as a committee of Dobson's organization, and the
two groups work closely together. In addition, Bauer's access to
money is evident in FRC new six- story Washington headquarters, a $60
million gift from the De Moss (Amway) family. De Moss is also a key
GOP contributor.
Bauer's role could be in playing the point man when Republican
conservatives start writing the party platform for 2000. Using
delegates accumulated from the primaries, Bauer can also threaten
floor fights and other parliamentary maneuvers if moderate GOPers try
to tone down the language in planks dealing with abortion rights,
homosexuals in the military (a key Bauer phobia), school vouchers,
public prayer and other issues.
The "Values" Card
The Robertson event coincides with the release a poll which, according
to the Post, "Christian activists have been buzzing about for a week."
This study comes from the liberal Center for Gender Equality, and
reports that 53% of American women supposedly now favor strict
abortion restrictions. In addition, 46% of respondents said that
political and government officials should be guided by "religious
values," up from 32% in 1993. Those statistics are sure to play well
with the Christian Coalition and other groups who are still calling
for the impeachment conviction of President Clinton and the need for
strong "moral leadership." Randy Tate, linking in to the Center
findings, pledge that he would use this evening's event to "challenge
all of the presidential candidates in both parties to move forward
with this mainstream agenda of defending the unborn, fighting for tax
relief and school choice..."
But there remains another side to playing the "values" card. Polls
show that while the GOP is gaining ground on "morals" issues,
Republicans still lag on those items most favored by the voters. And
the Center for Gender Equality survey does not tell the whole story; a
great divide remains between what many Americans prefer on a personal
level, and what they are willing to see come under the umbrella of
legal statute. And more: while antiabortion supporters may see
efforts to ban so-called "partial birth" abortion, or compel teenagers
to obtain parental consent before having an abortion, that does not
automatically translate into support for a wide sweeping legislative
prohibition.
A Growing Force?
There is more evidence that Robertson and Christian Coalition remain
powerful players within the GOP, despite the public disenchantment
with the Clinton impeachment fiasco, and the party's poor performance
in 1996 and 1997 -- years when the Coalition badgered Republicans who
strayed from its "family values" agenda.
In addition to Forbes playing court to Mr. Robinson, former Vice
President Dan Quayle will be addressing this evening's gathering via
remarks taped earlier. He praises Robertson as "a servant of God,
family man and patriot," and will tell his audience, "We need to
acknowledge the role of faith in our national life."
Representative John Sununu will host the banquet portion of the event.
While media and separationists often enjoy Robertson's more outrageous
stunts -- such as declaring that natural disasters like hurricanes are
"god's punishment" for homosexuality or other biblical transgressions
-- the fact remains that the Christian Coalition founder is an adroit
politician and organizer. He drew flak last month in declaring that
the GOP simply did not have the votes to convict Clinton in his Senate
trial; as a result of that Republican foray into oblivion, most of the
19 GOP senators up for reelection in 2000 are vulnerable enough to
make their votes in the impeachment trial a political hot potato. "A
majority of voters want their senators to end the trial and keep
Clinton in office, polls show," declares a recent Associated Press
release. While many religious right groups enjoy the vindication of
the Clinton impeachment, it is Robertson who is more realistic in
urging his political troops to focus on issues such as tax breaks for
families, vouchers and the role of religion in public and private
life. Robertson, unlike his religious right allies, realized early on
that Clinton had won the public relations war on Capitol Hill. Said
one GOP consultant fed up with the party's focus on impeachment: "Even
for people who want Clinton to be hung out to dry, they'll want to
move on to other things, too."
**
GET READY FOR THE BIG ONE! AMERICAN ATHEISTS 25th NATIONAL
CONVENTION, APRIL 2-4, 1998 IN NEW JERSEY
Get ready to learn, organize and party! The 25th National Convention
of American Atheists is slated for April 2-4, 1998 in Parsippany, New
Jersey. There will be panels, workshops, Leadership Training,
addresses, dinners, social events and the dedication of the new
American Atheists Center.
Among the speakers confirmed are Pamela Sumners, state-church
separation attorney from Alabama and Dee Carona of the New Jersey
Education Association. Actor William Boyd Francis will give a
stirring stage performance of Robert Ingersoll's speech to jury in the
C.B. Reynold's "blasphemy" trial. And Dr. Tony Pasquarello will be
signing copies of his new book, "The Altar Boy Chronicles."
In addition, there will workshops and Leadership Training for American
Atheists State Directors and much more. Find out about the 25th
National Convention, and register on line by visiting
http://www.atheists.org/convention99.html for more.
**
RESOURCES FROM AMERICAN ATHEISTS...
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articles from the current or back issues, as well as special web-only
features. Visit us at http://www.americanatheists.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
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