AU-Naples

Federal Court Ruling Supports Religious Freedom, Strikes Down Florida County’s Prayer Practice

A federal court struck down a Florida county’s practice of denying atheists, humanists and other non-theists the opportunity to offer invocations at the start of the county commission’s meetings.

The U.S. District Court for the Middle District of Florida ruled the policy of Brevard County’s Board of County Commissioners to allow only monotheistic, overwhelmingly Christian invocations violated both the U.S. and Florida Constitutions – namely by the government showing favoritism for certain faiths.

“‘[T]he great promise of the Establishment Clause is that religion will not operate as an instrument of division in our nation,’” the court wrote (quoting another case). “Regrettably, religion has become such an instrument in Brevard County. The County defines rights and opportunities of its citizens to participate in the ceremonial pre-meeting invocation during the County Board’s regular meetings based on the citizens’ religious beliefs. …[T]he County’s policy and practice violate the First and Fourteenth Amendments to the United States Constitution and Article I, Sections 2 and 3 of the Florida Constitution.”

Public Funds for Religious Instruction?

The Florida Tax Credit Scholarship channels tax payer dollars (perhaps $600 million next year) to religious schools, despite the prohibition in Article 1 of the Florida Constitution to do so. Is that OK? Well, in the 2012 election, a referendum item labeled Amendment 8 asked that very question – should public dollars be used for religious activities. The answer was a resounding and emphatic NO. The Florida Supreme Court also said NO. In 2006, it struck down the similar Opportunity Scholarship Program under Article IX of the Florida Constitution and left alone a lower court ruling that it also violated Article 1. The current Florida Tax Credit Scholarship simply relies on a different mechanism for channeling tax payer dollars to religious schools. The Florida School Boards Association, the Florida Congress of Parents and Teachers (PTA), the Florida Education Association, the Florida Association of School Administrators, the League of Women Voters of Florida, The Florida State Conference of Branches of the NAACP, a large number of Florida residents and “friends of the Court” oppose it. Just like Americans United for the Separation of Church and State. So the Florida voters said NO in 2012 and the Florida Supreme Court said NO in 2006. No public funds to support religious instruction! Keep Church and State separate! If you agree, follow and friend us on Facebook (AU-Naples) and visit our website (www.au-naples.org). You might even want to join.

Letter from AU to the Florida Legislature February 22, 2016 Senator Andy Gardiner Senate President Committee 409, The Capitol 404 S. Monroe Street Tallahassee, FL 32399-1100 Re: SB 110 – Allowing for Discrimination Against All Floridians Who Wish to Marry Dear Senator Gardiner: On behalf of its Florida members and supporters, Americans United for Separation of Church and State, urges you to oppose SB 110. We agree that the state should not and, under the First Amendment, may not force clergy, houses of worship, and similar religious organizations to perform or host marriage ceremonies with which they have religious objections. Indeed, the First Amendment already allows, for example, a rabbi to refuse to marry an interfaith couple or a priest to refuse to solemnize a marriage for a divorced person. Unfortunately, SB 110 goes well beyond the rights already provided in the First Amendment and would permit organizations that operate a place of public accommodation to discriminate against Floridians. Freedom of religion is a fundamental American value. It means that we are all free to believe or not as we see fit, but it does not mean that entities providing public accommodations can use their religion as a justification for denying the rights of others. Yet, this bill would allow organizations that are operated in connection to a religious organization to refuse to provide any marriage related services even if they are operating a place of public accommodation. There are clear differences between a house of worship that hosts the weddings of its members and wants keep it that way and a religious organization that runs a commercial wedding hall that is open to the public to make money. In fact, the Florida Civil Rights Act already provides religious institutions with a broad exemption with respect to public accommodations.1 SB 110 would allow, for example, a religiously-affiliated university or other religious organization, including a commercial wedding chapel, that rents a banquet hall or chapel to the general public for weddings, to refuse services on religious grounds to a couple because they are 1 See Fla. Stat. §760.10(9) “This section shall not apply to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment or public accommodation to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. “ 2 same sex, interfaith, previously divorced or of a particular faith. It is unfair to allow a commercial enterprise to reap the rewards of its business but then escape the nondiscrimination requirements placed on all other commercial businesses simply because it claims a religious affiliation. The Florida legislature should not pass legislation that allows entities that operate a place of public accommodation to discriminate. For the reasons discussed, we urge you to oppose SB 110. Thank you for your consideration on this important matter. Sincerely, Amrita Singh State Legislative Counsel