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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The Greater Naples Chapter honored the Unitarian Universalist Congregation of Greater Naples with the Turner Civic Award.

Rev. Tony Fisher and Bill Korson             share a smile

January 13, 2022 was Religious Freedom Day in the Collier high schools.

Rev. Tony Fisher accepts the           Turner Civic Award.

 

                  Overview:
      Agenda to Restore & Protect                   Religious Freedom
Religious freedom means that everyone should be able to practice their religion or no religion at
all—without government interference, preference, or disfavor—so long as they don’t harm others.
But over the last four years, President Trump manipulated religious freedom in unprecedented
ways to sanction discrimination, deny access to health care, require taxpayers to fund religion,
and allow houses of worship to endorse political candidates.
The Biden-Harris administration has the opportunity and the moral 
Here are the 10 things the Biden-Harris administration must do to protect religious freedom:
1. Repeal the Muslim Ban. The Muslim Ban is a breach of the American promise of religious
freedom for all. We must ensure that no one is banned from our country because of their religious
beliefs. President Trump’s Muslim and African bans have led to families being separated, people
being denied access to medical treatments, students and researchers denied permission to study here, and doctors and medical professionals who could help care for COVID-19 patients being
prohibited from entering the U.S.
2. Sign an Executive Order to Restore and Protect Religious Freedom for All Americans. The Trump administration has misused religious freedom to score political points, cause harm, discriminate, and divide our country. The Biden-Harris administration must sign an
executive order setting out principles of religious freedom that reflect current law, including the
do-no-harm principle of the Establishment Clause of the First Amendment. The order will guide
agencies as they adopt policies to right the wrongs of the Trump administration and revoke
policies that justify discrimination.
3. Protect the Religious Freedom of People Who Use Government-Funded Social Services. The government often funds faith-based organizations to deliver social services—such as food banks, homeless shelters, and elder care. President Trump proposed rules to strip religious-freedom safeguards from vulnerable people who use these services, and even allowed
foster care agencies to use religion to discriminate against potential parents. The Biden-Harris
administration must implement robust religious-freedom protections for people seeking these taxpayer-funded services.
4. Protect Federally Funded Employees from Religious Discrimination. President
Trump’s policies allow taxpayer-funded contractors and grantees to use religion to discriminate
against their employees. The Biden-Harris administration must ensure that no one is disqualified
from a taxpayer-funded job because they are the “wrong” religion.
5. Ensure People Are Not Denied Health Care Based on Someone Else’s Religion.
The Trump administration advanced policies that allow health care workers to cite their religious
beliefs to deny Americans—particularly women and LGBTQ people—the health care and health
insurance they need. The Biden-Harris administration should rescind the policies so that no one
is denied access to health care because of someone else’s religious beliefs.
6. Support the Do No Harm Act. The Trump administration has misused the Religious Freedom Restoration Act (RFRA) to justify many of its harmful and discriminatory policies. The Do No Harm Act, sponsored by Vice President-elect Harris when she served in the Senate, is
designed to restore RFRA to its original intent. It will preserve the law’s power to protect religious
freedom, such as the right to wear religious attire and observe religious holidays, but also clarify
that it may not be used to harm others.
7. Fund Public Schools—Not Private Schools—with Public Funds. Open to all students, public schools help unify our diverse society. Private school vouchers, historically rooted
in efforts to evade desegregation orders after Brown v. Board of Education, undermine this vital
function by diverting public resources to fund private, often religious schools. Forcing taxpayers
to fund the religious education of others violates core principles of religious freedom. Yet,
President Trump and Education Secretary Betsy DeVos wrongly prioritized private school
vouchers and other funding for private schools, even exploiting the pandemic to do so.
8. Protect and Enforce the Johnson Amendment. The Johnson Amendment is a provision in the tax code that protects the integrity and autonomy of tax-exempt organizations,
including houses of worship, by ensuring they do not endorse or oppose political candidates. The
vast majority of Americans support the Johnson Amendment. Yet, President Trump has falsely
bragged that he “got rid” of the Johnson Amendment and has stopped enforcement of the law.
9. Ensure that Our Government Reflects Our Nation’s Religious Diversity. The Trump administration surrounded itself with members of one particular segment of a single faith—conservative evangelical Protestants—and elevated their opinions and political interests above all others. President-elect Biden and Vice President-elect Harris should build an administration that mirrors the religious diversity of our nation and maintains expertise in church-state separation.
10. Nominate Federal Judges Who Respect the Separation of Church and State.
Federal judges are confirmed for lifetime appointments, and judges who decide constitutional
questions must respect the separation of religion and government and have a record that
demonstrates they will uphold the principle that religious freedom should never be used to harm
others. During the Trump administration, 220 federal judges were confirmed, many of whom have
demonstrated that they will undermine this principle.

Americans United: Leaked Supreme Court Opinion Overturning Abortion Rights Foretells The Religious Extremist Assault On Our Democracy

 Americans United for Separation of Church and State President and CEO Rachel Laser issued the following statement in response to reports of a leaked Supreme Court opinion written by Justice Alito and joined by Justices Thomas, Kavanaugh, Gorsuch and Barrett that would overturn Roe v. Wade:

 “Justice Alito’s draft opinion makes clear that this ultra-conservative Supreme Court will soon abolish the Constitutional right to an abortion.

“The right to an abortion is a civil and human right that is essential to our health, equality and freedom. Abortion bans are an attack on religious freedom. They attempt to impose one religious viewpoint on all of us. Justice Sotomayor made that clear when she asked Mississippi about the justification for its abortion ban: ‘How is your interest anything but a religious view?’ Religious freedom demands the right to an abortion so people can make their own decisions according to their own principles.

“The end of Roe is just the beginning. Next on the hit list are a broad array of protections for personal liberty. The same line of attack Alito uses on Roe and Casey can also be employed against contraception (Griswold v. Connecticut), interracial marriage (Loving v. Virginia), marriage equality (Obergefell v. Hodges) and basic LGBTQ rights (Lawrence v. Texas).  

“The religious extremists and their lawmaker allies who helped pack the Supreme Court under Trump are willing to destroy our democracy to force all of us to live by their narrow beliefs. They want a nationwide abortion ban. They will come for contraception. They will come for marriage equality and LGBTQ rights. They will come for racial justice. They will not be satisfied until they have codified a white Christian nation. 

 “The foundational principle of separation of church and state safeguards our right to live and believe as we choose. Our laws do not allow anyone to use their religious beliefs to harm others. Allowing one person’s religious beliefs to dictate another’s personal medical decisions is the very definition of harm. We’ll say it again: Reproductive freedom is religious freedom.”


Americans United: Supreme Court Forces Boston To Fly Christian Flag

Americans United for Separation of Church and State President and CEO Rachel Laser issued the following statement in response to the Supreme Court’s narrow decision today in Shurtleff v. City of Boston that the city had created a limited public forum by allowing the flags of private organizations to be displayed on city flagpoles, and that First Amendment free speech protections therefore required the city to allow the Christian flag:

“Because the court found the flags were private, not government, speech, Boston no longer has a say in which flags can be flown at city hall. This decision doesn’t change the Constitution’s requirements that the government cannot promote, favor, endorse or sponsor religion. 

“Nevertheless, this ruling could undermine church-state separation if it is abused in ways that end up favoring the dominant religious majority. But governments might avoid that by closing the forum at any time, as the court noted. Additionally, the flags flying above city hall would have been government speech if Boston had stated so in a policy or exercised more discretion in deciding which flags to display. Other governments might take that path. 

“If a government permits this access to the majority religion, others are equally entitled to display their beliefs or non-belief, too. This decision is a reminder that groups representing religious minorities and nontheists must be given equal access to these kinds of public forums to display their own symbols. 

“There are some alarming aspects about the organization pushing to fly the Christian flag at Boston City Hall. The group is dedicated to teaching ‘the next generation … with the knowledge of how America was founded as a Christian nation.’ That is Christian nationalism, which is a direct threat to church-state separation and our democracy.” 

 Americans United, joined by the National Council of Churches and 17 other religious and civil-rights organizations, filed an amicus brief in the case in December, urging the  Supreme Court to protect religious freedom by affirming that the City of Boston should not be forced to display the Christian flag on a city hall flagpole.

SUPREME COURT UPDATE

Title VII of the 1964 Civil Rights Act 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. See AU's take.
https://www.au.org/sites/default/files/2020-06/SCOTUS%20Title%20VII%20%26%20religious%20freedom%20June%202020_0.pdf
Trump v. Pennsylvania — This case involves proposed Trump-administration rules that will allows employers and universities to invoke religious or moral beliefs to deny contraceptive coverage guaranteed by the Affordable Care Act. The decision will deprive countless employees and students of access to critical reproductive healthcare. See AU's take
* Birth Control: https://www.au.org/sites/default/files/2020-07/Supreme%20Court%20%26%20Birth%20Control%20Access%20Report%207.10.20.pdf
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 decision gives 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. See AU's take
* Ministerial Exception: https://www.au.org/sites/default/files/2020-07/Supreme%20Court%20%26%20Minsterial%20Exception%20Report%207.10.20.pdf

Espinoza V. Montana

SCOTUS Says that States Must Force Taxpayers to Fund Religious Education

In Espinoza v. Montana Department of Revenue, the court ruled 5-4 that voucher programs must fund religious schools.  Chief Justice Roberts stated: “…once a state decides to (subsidize private education), it can not disqualify some private schools solely because they are religious.”  Originally in 2018, the Montana Supreme Court struck down the state’s voucher program because it forced residents to pay for religious instruction.  A national pro-voucher group appealed on behalf of three parents and SCOTUS agreed to hear the case.

In our opinion, forcing taxpayers to pay for private religious instruction is a violation of their religious freedom.  Public funds should not be used for religious purposes – period!  The Establishment Clause of the Constitution created, in Mr. Jefferson’s words, a “wall of separation between Church and State”.

Like Montana, three-quarters of the state constitutions, including Florida, have a provision called a No Aid Clause that is designed to protect taxpayers from funding religious practices.  While the case did NOT challenge the constitutionality of the No Aid Clauses found in these 37 states, it came close to doing so. While this opinion is limited to this case, the extent of the opinion may apply to a broad range of other situations where religious freedom is asserted.  The conservative justices complained that the origins of the No Aid Clauses were in the 19th century anti-Catholic movement (see Blaine Amendment).  However, when states revised their constitutions, like Montana in 1972, they kept their No Aid Clauses.

In Florida, more than $1 BILLION of state funds flows indirectly to private schools, 84% of which are religious.  We know that many of the schools, like 10 of the 12 religious schools in Montana, have discriminatory polices and promulgate religiously biased interpretations of science, civics and history.

Given this decision, it is more important than ever that we fight all private school voucher programs that divert desperately needed funds away from our public school system. 

See AU's take: Espinoza: https://www.au.org/sites/default/files/2020-07/Religious%20Freedom%20After%20Espinoza%207.2.20_1.pdf


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

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.

 

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."

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.
 
 

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

 

NEW ADDRESS:

6017 Pine Ridge Rd. #111

Naples, FL 34119

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Public Funds for Religious Instruction?

The Florida Tax Credit Scholarship channels tax payer dollars (perhaps $1 BILLION next year) to religious schoolsIs 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.


JOHNSON AMENDMENT UNDER ATTACK

The Johnson Amendment is a federal law that protects all 501(c)(3) tax-exempt organizations, including houses of worship, by making it illegal for them to endorse or oppose political candidates. It’s widely supported by religious and denomination organizations, faith leaders and other nonprofits, as well as the vast majority of Americans. Yet, President Donald Trump and a few members of Congress are taking steps to repeal and weaken the law. The language in the bill prevents the IRS from investigating houses of worship that violate the Johnson Amendment unless the IRS commissioner first signs off on the investigation and reports it to Congress. By adding administrative hurdles to the law, Congress is attempting to prevent any investigations into violations by houses of worship, therefore crippling the Johnson Amendment as it applies to those entities.