Atheist Sign In Illinios A Violation of the Establishment Clause?

The traditional defense from the Religious Right whenever the government places, or allows others to place, a religiously themed message or display in a public building is that such displays are not an "endorsement" of that religion by the government but rather a recognition and accommodation of the citizens' right to freely express their religion in public.

Which makes this latest lawsuit rather unique:

A candidate for Illinois Comptroller has sued the state for allowing an atheist group to post a sign alongside the religious holiday displays in the State Capitol. William Kelly, a Republican, claims Capitol Police unjustly "detained (him) and escorted him from the building" because he turned the atheists' sign face down. Kelly calls the sign "hate speech.

Kelly's federal complaint against the Illinois Secretary of State claims: "In December 2009, a sign was placed in the Capitol Building, approved by the Defendant, that read as follows:

"At the time of the winter solstice, let reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is just a myth and superstition that hardens hearts and enslaves minds."

Kelly's complaint does not object to the several holiday displays "celebrating various observances" in the State Capitol. He objects only to the atheists' sign, which, he says, stood near a Nativity scene and next to a decorated Christmas tree.

Kelly claims that for the two weeks the sign was displayed, visitors, including young children, could get the impression that the sign is "endorsed" by the state as an "opposing view to the displays."

He says the state's administrative code demands that displays be approved on the basis of "symbolic expression in the exercise of free speech," but that signs are prohibited.

Kelly claims that by allowing the sign, the state approved expression of "hostility towards religion," which he says is unconstitutional.

...

Kelly sued Illinois Secretary of State Jesse White, claiming that placing the atheists' sign in the Capitol violates the Establishment Clause.

He demands an injunction prohibiting atheists from "placing or allowing to be placed the sign at issue or any such similar sign in the Capitol Building of the State of Illinois and any other State of Illinois Buildings".

So the presence of a Nativity scence was perfectly fine, but a sign from an atheist group was a government endorsement and violation of the Establishment Clause? 

Good luck with that line of argument in court.

PFAW

Huckabee Hearts the Illinois Family Institute

Until just last month, the Illinois Family Institute had been listed as an anti-gay hate group by the Southern Poverty Law Center.  Just days after the organization was removed from the SPLC list, IFI's Laurie Higgins penned a piece entitled "Church Should Fight Homosexuality Like It Did Nazism" (see this updated post for Higgins' explanation about why she was not responsible for this title and insisted that it be changed): 

We reassure ourselves that if we had lived during the age of slavery or in Germany during the rise of Nazism or during the post-Civil War era when virulent racism still poisoned American life, we would never have stood idly by and done nothing, but I'm not so sure. Look at the church's actions today when homosexuality and gender confusion are affirmed to and in our nation's children through our public schools using our hard-earned money. Where is the church? Where is the outrage? Where are the church leaders who rejoice in being persecuted?

I've asked this question before and I will ask it again: How depraved does the behavior have to be and how young the victims before the church, starting with those who have freely chosen to assume the mantle of pastor or priest, will both feel and express outrage at the indecent, cruel, and evil practice of using public money to affirm body and soul-destroying ideas to children?

In October, IFI is holding its "Family, Faith and Freedom Banquet" and guess who has been tapped as the keynote speaker:

Family, Faith and Freedom Banquet

Crowne Plaza O'Hare
5440 N. River Road
Rosemont, Illinois

Tuesday, October 6 at 6:30 p.m.

Dinner tickets are $100 each.
Tickets for dinner and a private reception with Gov. Mike Huckabee are $250.

Jeremy has the audio of the announcement in which Huckabee urges activists to attend because "I've got a lot to tell you about what I see happening as I travel across this nation and how, together, we can bring back the values that we all share: family, faith, and freedom. More importantly, by attending this banquet, you'll be helping the Illinois Family Institute continue to stand strong in promoting pro-family values across this great state. More than ever, we need to support organizations like IFI who boldly stand for the sanctity of life, religious freedom, and natural marriage."

This event comes just days after Huckabee is scheduled to appear at the How To Take Back America Conference, which features another SPLC hate group, MassResistance, and raises anew the question of just how radical an organization has to be before Huckabee will refuse to be seen with them.  At this point, there is seemingly no limit.

PFAW

IFI to Ensure Public Schools Adhere to “Biblical Truth”

The Illinois Family Institute, former stomping grounds of militant homophobe Peter LaBarbera before he launched his own Americans For Truth About Homosexuality, has unveiled its new Division of School Advocacy program designed to ensure that public schools do not teach anything about homosexuality, religion, socialism, abortion, or any “immoral, unhealthy, and dangerous ideologies” that might conflict with what the IFI considers “biblical truth”: 

The Illinois Family Institute helps to fight against pervasive secular humanism that exists in our public schools. Through the newly developed Division of School Advocacy, parents will be able to find answers and resources to help identify areas where the school curriculum strays from Biblical Truth and to recognize the influence from outside organizations such as Gay, Lesbian and Straight Education Network (GLSEN), which pressures administrators and educators to present this organization's views and agendas.

The purpose of the Illinois Family Institute's (IFI) new Division of School Advocacy (DSA) is to protect children from immoral, unhealthy, and dangerous ideologies and agendas in public schools. In the service of that critical goal, the DSA is committed to assisting Illinois residents to address issues related to the breakdown of Judeo-Christian family values and community standards in public education.

In addition to assisting each citizen who contacts IFI regarding school issues, Illinois Family Institute's Division of School Advocacy will continue to work tirelessly toward affecting morally sound legislation in Illinois public schools.

The DSA will provide constituents with the training, resources, and counsel needed for positive changes in public schools. Through this training, resources, and counsel, taxpayers will become better equipped to address administrators, faculty members, and school board members in appropriate and effective ways. The Division of School Advocacy will address such public school problem topics as Human Sexuality, Religion/Atheism, Race/"Social Justice", Marxism/Socialism/Income Redistribution, Gender/Feminism, Environmentalism, Abortion, Fetal Stem Cell Research, Population Control, and Miscellaneous Political Topics.

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Judicial Watch Targets Chicago over Immigration Enforcement

Group wants to make local police enforce federal violations. Also eyeing localities in California, New York, and Texas.

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Alliance Defense Fund: Same-Sex Marriage Issue Has 'Died Down'

But group looks forward to possible ballot initiatives in California, Illinois, and Arizona – where voters just rejected a ban.

PFAW

So-Called War on Christmas: Chicago Hype Now Even Less Credible

Right-wing complained “Nativity” movie not in city’s Christmas market, despite presence of nativity scene. Now city approves movie for different location. Meanwhile: AFA launches “Public School Christmas Project.”

PFAW

Full-Time Anti-Gay Activist Chides Bush for Supporting Gay Cheney

Peter LaBarbera, president of a group called Americans for Truth, is upset with President Bush for his supportive comments on the parenthood plans of Mary Cheney and her long-time lesbian partner. Although Bush has made a constitutional amendment to ban same-sex marriage one of his platform issues, in the case of the vice president’s daughter he struck a different tone.  “I think Mary is going to be a loving soul to her child. And I'm happy for her,” Bush told People magazine. “He blinked,” complains LaBarbera.

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Minuteman Family Values

In August, a group calling itself “Mothers Against Illegal Aliens” targeted one immigrant in particular – Elvira Arellano, the undocumented mother of a 7-year-old U.S. citizen. Now, as Arellano faces deportation and separation from her son, Chris Simcox’s Minuteman Civil Defense Corps can’t get it done fast enough. In an alert to their subscribers:

We are appealing to people across the United States: take time to write a letter! We cannot allow the fugitive Elvira to stay here in the United States and create precedence for illegal aliens across America. The country you save may be your own!

PFAW

War on Christmas: Right Blasts Chicago for Not Airing Movie in Christmas Market

David Limbaugh, Robert Knight, Concerned Women complain. City said “Nativity Story” clips were “too commercial”; the festival has its own nativity scene.

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Anti-Abortion Groups File Briefs in 'Wrongful Death' Suit Involving Frozen Embryo

Last year, a Chicago judge allowed a wrongful-death suit to go forward against a fertility clinic that had accidentally destroyed a couple’s frozen embryos. This month, religious-right groups have signed on to the cause, reports the American Family Association’s AgapePress:

On November 17, a coalition of nine Illinois and national pro-life organizations filed friend-of-the-court briefs in the case in support of the parents. Comprising the coalition are Illinois Citizens for Life, Concerned Women for America, the Illinois Right to Life Committee, Life Advocacy Resource Project, Illinois Federation for Right to Life, Concerned Christian Americans, the Illinois Family Institute, Lutherans for Life, Inc., and the Catholic Conference Center of Illinois. The case is now pending before the Illinois appellate court.

Paul Linton is special counsel for the Thomas More Society of Chicago, which is representing the pro-life coalition. He says the trial judge was correct in concluding that the embryos were human beings under the state's wrongful death statute and should be protected by the law in the event of their destruction.

"Of course," Linton points out, "we want to maintain the standard that human life begins at conception -- understood as fertilization -- and not at a later stage of development, for example, where there is implantation."

According to Thomas Brejcha, president and chief counsel of the Thomas More Society, this case, on the cutting edge of abortion politics, “is the modern equivalent to Dred Scott in a Petri dish” – one in which the far limits of the “pro-life” position could potentially be legally delineated. But given that in-vitro fertilization involves the fertilization of a number of embryos, most of which will be discarded, one has to wonder what the Illinois couple was thinking when they began the process.

PFAW
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