AU-Naples

Americans should have the right to believe (or not believe ) in God as the individual's right of conscience dictates. The government cannot compel anyone to attend, or refrain from attending, a religious service. In most cases, religious groups must abide by the secular law, although limited exemptions may be carved out in some cases. As advocates for religious freedom, we stand for the right of everyone to believe or not believe, but no one's religion should be an excuse to do harm to others. PROTECT THY NEIGHBOR is Americans United's campaign to prevent the use of religion to discriminate against and otherwise cause harm to individuals.

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SUPREME COURT UPDATE

the U.S. Supreme Court ruled that LGBTQ people cannot be fired simply for being gay or transgender. This decision is a landmark victory for the LGBTQ community, affirming that they finally have employment protections that allow them to live as their true selves.

The 6-3 decision is a major step forward in living up to our Constitution’s promise of freedom and equality for all, and it builds upon the foundation laid more than 50 years ago by LGBTQ activists, including Black and Brown trans women who fought back against police brutality and discrimination. But it only goes so far.

There is still a fight to come to protect LGBTQ people from discrimination based on religious beliefs. Today, the Supreme Court left a loophole dangerous to LGBTQ rights, explicitly reserving the question of “how doctrines protecting religious liberty interact with Title VII” for “future cases.”

This means employers who want to discriminate against LGBTQ employees now have an even greater incentive to cite their religious beliefs as a legal justification. I can’t imagine a more critical moment than during a public health crisis to make clear that the government should ensure that all of us – no matter who we are or who we love – can make a living in this country, regardless of our employer’s religious beliefs.

we continue our vital work of defending religious freedom as a shield that protects, not a sword that licenses discrimination and harm to others.

 Here are the cases that every supporter of church-state separation is watching:

Espinoza v. Montana Dept of Revenue — Three-quarters of state constitutions protect taxpayers from being forced to fund religious education, a fundamental principle and traditional value. In this case, the Supreme Court could decide to overturn these protections and insist that religious schools be included in private-school voucher programs. That would be a dangerous precedent that would erode church-state separation in Montana and the majority of states and would pave the way for even more private-school voucher schemes and other government funding of religion.
In the Florida Constitution, the No Aid Clause prohibits the state from using state funds for religious purposes.  This decision could negate our No Aid Clause and open us up to even MORE vouchers.

Trump v. Pennsylvania — This case involves proposed Trump-administration rules that, if upheld by the Supreme Court, will allow employers and universities to invoke religious or moral beliefs to deny contraceptive coverage guaranteed by the Affordable Care Act. A victory for Trump could deprive countless employees and students of access to critical reproductive healthcare.

Our Lady of Guadalupe School v. Morrissey-Berru — Two fifth-grade teachers at private Catholic schools were fired for discriminatory reasons—one based on her age and the other after she was diagnosed with breast cancer. But their employers invoked the “ministerial exception,” a legal doctrine that excludes clergy and religious personnel at houses of worship and religious schools from the legal protections against employment discrimination. The Supreme Court’s decision could give broad license to treat hundreds of thousands of non-clergy employees as outside all the laws that protect workers against discrimination based on race, sex, disability, sexual orientation, and gender identity.

SBA Funds and Churches

Under the new Paycheck Protection Program of the Small Business Administration, businesses with fewer than 500 employees, including faith-based organizations, are eligible to receive loans of up to $10 million, with at least 75% of the money going to cover payroll costs. The loans are in large part forgivable, so churches and other houses of worship won't have to worry about paying all the money back.

Some advocates of Church-State Separation think this is wrong. American Atheists pushed back, calling it unconstitutional. “This is a clear violation of the Establishment Clause of the U.S. Constitution,” said Alison Gill, vice president for legal and policy at American Atheists. “The Supreme Court has been clear that the government cannot subsidize worship and other inherently religious activities.”

But others indicate that if churches are excluded, it would be an Establishment Clause problem.  One noted ACLU attorney suggested that as long as the money was used for its statutorily intended purpose, churches are entitled to participate.  If they used it for proselytizing, there might be a concern.

In the mid 1780’s, Patrick Henry, he of “Give Me Liberty or Give Me Death” fame (he lasted a long time), proposed, in a general assessment bill, that Virginians’ taxes pay the salaries of ministers.  Jefferson and Madison objected with Madison wring his famous “Memorial and Remonstrance”.  The bill was defeated and ultimately replaced with Jefferson’s Virginia Statute for Religious Freedom, ending religious establishment in Virginia.

So the issue of using public funds to pay religious clergy reappears with the SBA program. The attached letter, signed by AU as well as other groups, makes clear that SBA funds can not be used for religious purposes and that includes the salaries of the clergy.

President Bill Korson presents the 2020 Civic Award to Dr. Kamela Patton

                          FLORIDA LEGISLATIVE UPDATE                                                                                 March 3, 2020                                                  Two troubling bills were introduced in the Florida House of Representatives.  HB341 (SB746) requires Bible classes be offered.  HB737 (SB946) requires a "moment of silence" in all public schools.  We oppose both.  HB45 requires private schools that receive public funds not discriminate against LGBTQ students and/or parents.  We support this bill.   

UPDATE ON SCHOOL ISSUES

January 19, 2020 

SCOTUS and Montana School Vouchers

On Wednesday, SCOTUS will hear arguments about whether state funds can be used to finance vouchers at religious schools.  Montana, like 37 other states including Florida, has a “No Aid Clause” that says state funds can not be used for religious purposes. The Montana legislature passed a voucher program and the Montana Supreme Court, citing the “No Aid Clause”, declared it unconstitutional (in Montana). The parents, with monetary assistance from the religious right, petitioned SCOTUS to hear the case. Because of SCOTUS’ recent decisions and the Trump Administration’s support for bringing religion back into the schools, the decision, due in June, might have grave consequences.  We will update you on the arguments.

 School Lunch Guidelines Rollback

The Trump Administration has proposed dismantling Obama’s school nutrition guidelines for more vegetables and fruit for one that would allow more pizza and fries.  While the administration cited more flexibility, nutritionists called it a “shameless capitulation to lobbyists at the expense of American children.”  The school lunch program serves about 30 million students, mostly from low income homes.

 New Trump Guidelines for Religion in Public Schools

On January 16 (religious Freedom Day) the Trump Administration issued new federal guidelines for prayer and religious expression in schools that will certainly lead to greater discrimination against LGBTQ and minority students. The guidelines will allow: students to engage in unwanted proselytization and religious harassment; students to deliver prayers at the beginning of all official school sponsored activities including morning announcements, football games, graduations and assemblies; school employees to participate in student-led activities; some school sponsored prayer; students to express their religious beliefs in all school assignments; teachers to use the Bible to teach about religion.

These are a clear violation of separation of church and state and encourages activities that SCOTUS has already ruled unconstitutional. (AU release).

Voucher Schools Discriminate

The voucher programs in the state of Florida send over $1 billion worth of public money to private, mostly religious schools that have no accountability.  The Orlando Sentinel (1) recently found at least 156 Christian schools with anti-gay views educated than 20,800 students with voucher scholarships. More than 80 of those schools had blatant discrimination policies that deny admission to gay children, expel or discipline students who reveal that they are gay, and refuse to educate children of LGBTQ parents.  One school that received $371,000 in state voucher money told a mother, a firefighter married to a US Air Force veteran, that her children were not welcome because the married couple were two females.

Trinity Christian Academy, in Deland, received more than $1 million last year in vouchers; yet it’s handbook indicates that a student can be expelled for admitting to be gay.

Some voucher schools do an excellent job, welcoming all children regardless of faith, ethnicity, origin, gender, disability, religion, sexual orientation or gender identity.  They not only welcome LGBTQ students but teach that discrimination against anyone is wrong.

But the facts are the facts.  Some of the major corporations that redirect their tax obligations to vouchers are starting to rethink their involvement.  Rosen Resorts, Fifth Third Bank, and Wells Fargo have ended their contributions. A Wells Fargo spokesperson stated: “ . . . we oppose discrimination of any kind”.  I tend to think that most of the contributors would feel the same way if they knew the facts!

Bills have been filed in the Florida Senate (S-56 Rouson) and Florida House (HB45 Eskamani) that would prohibit private schools that deny enrollment to students based on “race, ethnicity, national origin, gender, disability, religion, sexual orientation or gender identity” from participating in the voucher program. I spoke to all three members of the Collier County legislative delegation and two representatives told me that they would NOT support this bill.

 What do we do?

1. Write our legislators that schools that receive PUBLIC funds should NEVER discriminate against any students based or sexual orientation or identity or any other reason.
2. Write to the companies that contribute to the voucher programs and educate them about the degree of discrimination.
3. Inform our school boards, and city and county officials of these discriminatory practices within the voucher program.

• https://www.orlandosentinel.com/opinion/scott-maxwell-commentary/os-op-florida-voucher-schools-gay-discrimination-scott-maxwell-20200124-cayfkn2jurbq3crgbd5mhxoyhe-story.html

SCOTUS and Tax Credit Scholarships

The Supreme Court of the US has agreed to hear Espinoza v. Montana Department of Revenue.  Montana is one of 39 states that has a “no aid clause” in it’s constitution that forbids using public funds for religious purposes.  In 2015, the Montana legislature passed a Tax Credit Scholarship program similar to the one in Florida.  However, because of the “no aid clause”, the Montana Department of Revenue refused to allow vouchers to be used at private religious schools (90% of Montana’s private schools are religious).

A Virginia-based voucher proponent sued.  The Montana Supreme Court concluded that the Tax Credit Scholarship program violated the “no aid clause” of the Montana constitution and was unconstitutional (in Montana).  The case was appealed to the SCOTUS and on June 28, it agreed to hear the case during the 2019-2020 session. The decision is expected next June.

What are the implications for Florida?  It is troubling that SCOTUS accepted this case.  It signals an intrusion by the Fed on a clearly state issue (education)  and a decision in support of the vouchers attacks the very fiber of Church-State separation.

President Bill Korson's Commentary in the Naples Daily News

Florida Constitution, Article I, SECTION 3. Religious freedom.—There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

NO Public Funds for Religious Instruction.

In his Guest Column on Sunday, January 27, 2019, Ari Bargil reported that the constitutionality of the Florida Tax Credit Scholarship Program was no longer in doubt based on a recent Florida Supreme Court decision. In fact, the Supreme Court ruled on procedural grounds and did not address the legality of the program.  And the case at issue did not at all address the most important Constitutional question:  does the Tax Credit Scholarship violate Article 1, Section 3 of the Florida Constitution because tax monies go indirectly to religious schools?

The Florida Constitution is crystal clear when it states that “no revenue of the state . . . shall ever be taken . . . directly or indirectly . . . in aid of any sectarian institution.” It’s simple – our tax dollars will not be used for religious purposes! And yet each year, almost a billion dollars are directed to religious schools by the Florida Tax Credit Scholarship Program, a voucher-like system established by the legislature after the similar Opportunity Scholarship Program was declared unconstitutional by the Florida Supreme Court in 2006.

The same question was raised in 2012 when an amendment to the Florida Constitution was proposed that would have eliminated the last sentence from Article 1, Section 3 above.  But the voters easily defeated Amendment 8 and said NO public funds should be used to support religious schools.  Even the Constitution Revision Commission of last summer found that attempting to eliminate the “No Aid Clause” was wildly unpopular and decided to drop an effort to do so.

The tax-credit plan was challenged in the courts in 2014 by groups as diverse as 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, and several leaders of Americans United for Separation of Church and State.  And yet the case has never been heard on its merits because Florida courts said these groups lacked the legal right to challenge the program.   

Now we are hearing cries of “school choice” and “let the money follow the students” by a small group of religious/political zealots whose goal is to privatize education and eliminate public schools. They demand vouchers that direct our tax dollars to schools that offer no accountability, that can refuse students admission, that can dismiss without due process, that are not required to service students with IDEA or ADA needs and that can promote religious dogma.  All this occurs with our tax dollars. Yet this is clearly what Article 1, Section 3 of the Florida Constitution and the separation of church and state in the U.S. Constitution were intended to prevent. 

In conclusion, even though the Florida Constitution prohibits it, even though the voters reaffirmed that prohibition in 2012, even though the religious schools have zero accountability and even though we have no idea where the money comes from, the tax-credit/voucher scheme continues to finance religious education in Florida.

Public monies need to go to public schools, period.  And we should work together to improve those schools for all Floridians. 

If you agree and support public education, write to your state legislators and tell them that state monies should only go to public schools.

Bill Korson

Naples

Bill Korson is President of the Greater Naples Chapter of Americans United for Separation of Church and State, a nonpartisan educational organization dedicated to preserving the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans. www.au-naples.org

 https://www.naplesnews.com/story/opinion/2019/02/12/florida-tax-credit-scholarship-program-debated/2837027002/

SCOTUS MASTERPIECE CAKE DECISION CONFUSING

The Supreme Court dodged the question "Can a baker refused to make a cake for a same-sex couple because of his religious beliefs".   While the court ruled for the baker, the decision made it clear that discrimination based on religion was not acceptable. The decision was very narrow and limited to the specifics of the case. AU president and CEO Rachel Laser wrote that " . . . it does not change the long-standing rule that businesses open to the public must be open to all.  As we have long said, religious freedom should act as a shield to protect religious exercise, not as a sword to harm and discriminate against others."

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COLLIER COUNTY SCHOOL BOARD CHALLENGED TO ADD CREATIONISM TO SCIENCE CURRICULUM

AU fully supports the use of sound science in public schools and in public policy. We believe that the constitutional principle of church-state separation gives public servants and public school teachers the freedom to believe – or not believe – as they see fit while ensuring that public policy decisions and public school curricula are supported by scientific evidence.  

We believe that public schools should educate students on issues such as evolution, climate change and sex education in a way that does not reference religious teachings. That’s why we continue to fight against attacks on sound science in the public education system. We track and oppose anti-science legislation, such as the bills that were proposed and died in the Florida legislature this year. And we challenge public schools that try to teach creationism as scientific fact.

 NEW FLORIDA LAW (7055) ATTACKS CHURCH-STATE SEPARATION

On March 11, the governor signed into law an education bill that expanded existing vouchers, created a new voucher and requires public schools to display "In God We Trust".  Hope Scholarships are vouchers offered to students who are "bullied, harassed or hazed"in the public schools to attend private and/or religious schools which do not have to accept them and offer no legal protections.  The program does nothing with the bullies.  This is another fake voucher scheme to take money away from the public schools.

The new law also expands the Tax Credit Scholarship scheme and creates an entirely new revenue stream.  The total next year may exceed $1 BILLION. This scheme is clearly illegal but we have been told that we lack "standing" to challenge it.

Lastly, the law requires that every school in Florida display "In God We Trust".  Given ruling on the Ten Commandments, how can this new display be Constitutional.

 TRUMP CHANGES THE RULES FOR FAITH-BASED ORGANIZATIONS

Religious nonprofit organizations can receive contracts or grants from the government to provide social services, like running a homeless shelter or a foster care agency. We fight to make sure that when religious groups get taxpayer money, they're not allowed to use it to proselytize or discriminate against people.  The rules have now changed and groups are much freer to proselytize.: https://www.au.org/issues/government-funded-discrimination

    Rob Boston addresses the crowd.                        Rob and the AU Naples Board