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Why West Texas Really Needs the American Civil Liberties Union An Issue of Constitutional Liberties

Why West Texas Really Needs the ACLU DISCLAIMER. All opinions stated in this presentation are my own, not those of the ACLU, but I will attempt to be clear about ACLU goals.I am not an official spokesperson for the ACLU.My philosophical, political, and religious views do not necessarily

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Why West Texas Really Needs the American Civil Liberties Union An Issue of Constitutional Liberties

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    1. Why West Texas Really Needs the American Civil Liberties Union An Issue of Constitutional Liberties Steven D. Schafersman, Ph.D. President, Texas Citizens for Science, http://www.texscience.org Board Member, Permian Basin Chapter of the ACLU of Texas, http://www.aclutx.org Concerned Citizens Council Lecture Series Big Spring, Texas - October 15, 2007

    2. Why West Texas Really Needs the ACLU DISCLAIMER All opinions stated in this presentation are my own, not those of the ACLU, but I will attempt to be clear about ACLU goals. I am not an official spokesperson for the ACLU. My philosophical, political, and religious views do not necessarily match those of other ACLU members, which are quite varied. We will briefly examine many areas of Constitutional law litigation in which the ACLU is involved, but I am really knowledgeable only about Establishment Clause cases. Finally, I am a scientist and an activist, not an attorney. I actively write, speak, and lobby on behalf of the accuracy and reliability of science in public school education as protected by the Establishment Clause, not for many other areas of Constitutional law in which the ACLU is involved, so I may not be able to answer questions about every topic.

    3. Why West Texas Really Needs the ACLU Outline of the Presentation Tonight The United States Constitution and The Bill of Rights The Origin and History of the American Civil Liberties Union The Purpose of the ACLU: Defending the Bill of Rights The First Amendment and the Establishment Clause The Meaning of Church/State Separation Textbook and science censorship by the Texas SBOE Ector County ISD Bible Course and why it is illegal “Freedom of Religious Expression” Law and why it is illegal U.S. and Texas Flag Pledges and why they are illegal The Myth of “America is a Christian Nation”

    4. The United States Constitution

    5. The United States Constitution

    6. The Bill of Rights

    7. The Bill of Rights

    8. The Bill of Rights

    9. The American Civil Liberties Union

    10. The American Civil Liberties Union

    11. The United States Constitution

    12. The United States Constitution

    13. The Bill of Rights

    14. The Bill of Rights

    15. The Nobel Prize

    16. The American Civil Liberties Union

    17. The American Civil Liberties Union

    18. The United States Constitution The Bill of Rights: First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Establishment Clause Separationist Interpretation (strict separation, no aid) Accommodationist Interpretation (some aid permitted, such as for health, safety, transportation, etc.) Both interpretations are Non-Preferentialist (cannot prefer one religion over another or religion over non-religion) Free Exercise Clause

    19. Separation of Church and State False Claim: There is nothing in the Constitution or Bill of Rights about separation of church and state. The Establishment Clause only prohibits Congress from establishing a national religion, so government can promote religious agendas. “I don't believe there's such a thing as the separation of church and state. In fact, the First Amendment to the Constitution actually calls on the United States Congress to make sure, to ensure that people are allowed to practice their religion.” Texas Rep. Leo Berman Truth: Separation of Church and State is a metaphor of the Establishment Clause. “In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between church and State.’” Justice Hugo Black

    20. Fourteenth Amendment An essential addition to The Bill of Rights to make their liberties available to all citizens at all levels of government. “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Under the “Incorporation Doctrine” of the 14th Amendment, the Supreme Court has held since 1868 that the protections of The Bill of Rights apply to state, county, and municipal governments, even though the Amendments state that they apply only to Congress. Decades were required to make freedom from religious establishment a reality. The process continues today.

    21. Religion and Non-Religion False Claim: The Establishment Clause only prohibits preference of one religion over another, not religion over non-religion, so governments can promote—through legislation and statute—broadly religious goals and agendas. “Freedom of religion should not be mistaken for freedom from religion.” Governor Rick Perry Truth: “Government should not prefer one religion to another, or religion to irreligion.” Justice David Souter, Justice Hugo Black, etc., in several Supreme Court decisions. The slightest empathy or reflectance would demonstrate why freedom from religion is necessary: Everyone would want to be free from religions other than their own. That’s hundreds of religions to be free from!

    22. Religious and Secular False Claim: When religion is removed from the public schools, it is replaced by a “religion of secularism,” which hurts religious students. “We don't need to shield our children from religious expression and allow them to only be exposed to the religion of secularism in our schools.” Governor Rick Perry Truth: The U.S. Constitution requires that our various governments and government institutions—such as public schools—must be secular. Secularism is the middle, neutral state between religion and anti-religion. Individuals can choose to be religious, non-religious (secular), or anti-religious, but the state must be secular by Constitutional law.

    23. The Problem Public officials I term the “4Rs”—Radical Religious Right Republicans—aggressively use the power of their state offices to force their sectarian religious values and beliefs onto moderate citizens and secular institutions. Censorship of public school textbooks, especially biology texts Vouchers for private schools—almost all are religious schools Proselytization of students using Bible study classes (HB 1287) Requiring recitation of the Pledge of Allegiance with “under God” phrase, requiring a “moment of silence,” and adding “under God” to the Texas Pledge (HB 1034) Forcing religious speech on captive student audiences under the guise of “freedom of religious expression” (HB 3678) Abstinence only; against stem cell research; extorting faith-based pre-marriage counseling; attempts to ban abortion, etc.

    24. Texas Constitution and Vouchers Article 1 - BILL OF RIGHTS Section 7 - APPROPRIATIONS FOR SECTARIAN PURPOSES “No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.” Over half the states have had a statewide referendum on the question of giving public tax money to private religious schools. In every case, vouchers failed by a 2-1 margin. The same would occur in Texas if the legislature would allow a vote. City councils and state legislatures have tried to implement limited voucher programs, but most of these have failed in state and federal court decisions; e.g., Florida.

    25. School Vouchers – An Accommodation Zelman v. Simmons-Harris, 2002 (narrow 5-4 SC decision) Valid secular purpose (e.g., assistance to failing public schools) Public financial assistance is neutral, not directed to religious schools (but almost all private schools are religious) Public financial assistance given to parents, not schools (but it quickly goes to schools) Results: Voucher programs focus on meeting Supreme Court guidelines Voucher proposals for “failing” urban schools, autistic students, etc. Legislative efforts and ploys to cause public schools to fail: under-funding schools, over-testing students, delaying teachers salary raises, requiring “teacher accountability,” charter schools, virtual academies, promoting home-schooling, etc.

    26. WHY? Why do the 4Rs engage in their blatant unconstitutional activity? They want to counter the Constitutional secular and neutral nature of government institutions, especially the public school system, which they perceive as anti-religious. They wish to reinforce the almost pervasive religious proselytization of children in Texas society, so to do their part in their evangelical mission. They know they can succeed in steps, by keeping the pressure on and gradually winning small victories, ultimately winning larger victories. Courts may rule against them, but courts can change, and precedents can be overturned. After all, stare decisis is dead. And since Supreme Court justices have promised to uphold the principle during their confirmation hearings, but failed to do so, hypocrisy is dead, too.

    28. Who are the Radical Religious Right Republicans in Texas doing the most damage to our Constitutional liberties? Governor Rick Perry House Speaker Tom Craddick Representative Warren Chisum Representative Charlie Howard Former Rep. Kent Grusendorf Super Lobbyist James Leininger

    29. Textbook Censorship was common and is still ongoing in Texas. Biology, earth science, environmental science, history, economics, civics, social studies, literature, health education, and many other textbooks—including the dictionary—have been censored by the radical religious right majority on the State Board of Education for decades, and education in Texas has suffered, especially science education. The topic of evolution in biology textbooks was especially damaged in the 1960s and 1970s, when the subject was watered-down, relegated to insignificance, and even removed from some textbooks. Anti-evolution disclaimers were stamped in biology texts! Efforts began in 1980 to challenge the censorship problem.

    30. The Textbook Adoption System is Still Broken The Texas SBOE still has too much power. Science textbook publishers engage in self-censorship, anticipating what content the Texas State Board of Education will permit. An abstinence-only policy was implicitly mandated by the SBOE. The topic of contraception was omitted from all health education textbooks in 2004, despite the facts that over 60% of Texas high school students engage in sexual activity, Texas has one of the highest teenage illegitimate pregnancy rates, and Texas has one of the highest teenage STD and HIV rates. The politically-appointed Texas Commissioner of Health refused to intervene or say anything, despite TCS’s written requests.

    31. There is no law requiring that accurate and reliable science be taught or pseudoscience to not be taught in public schools. Instead, every significant court case involving creationism and intelligent design was decided in science and society’s favor on the basis of a First Amendment, Establishment Clause violation. Every court concluded that the defendants tried to force sectarian religion into science classrooms (or keep evolution out of them). Evolution v. Creationism or Intelligent Design Creationism Cases: Epperson v. Arkansas, 1968 (Supreme Court: anti-evolution law overturned) Wright v. Houston ISD, 1972 (District Court: evolution ruled not a secular religion) McLean v. Arkansas, 1982 (District Court: balanced treatment law overturned; creation science not science, but a religious doctrine) Edwards v. Aguillard, 1987 (Supreme Court: equal-time law overturned; creation science ruled not legitimate science) Freiler v. Tangipahoa Parish, 1997 (District Court: disclaimer law overturned) Kitzmiller v. Dover, 2005 (District Court: disclaimer law overturned; intelligent design ruled to be creationism, a religious doctrine)

    32. Conclusions about the Establishment Clause and Textbook Censorship The accuracy and reliability of our country’s science education system depends on a Constitutional clause that prohibits the establishment of religion! Textbook censorship is just one part of a much larger problem involving the promotion of sectarian religion by public officials. “Human civilization becomes more and more a race between education and catastrophe.”  H.G. Wells, The Outline of History The Texas 4Rs are courting catastrophe by gaming the system to achieve their sectarian self-interests. They regularly pervert science education (and other cultural values) by using the powers of their offices to legislate fundamentalist Protestant Christian doctrines that Texas secular public institutions must accept.

    33. Other Violations of the Establishment Clause and Church/State Separation in Texas Proselytization of students using Bible study classes (HB 1287). Example: Ector County ISD is facing very expensive litigation from the Texas ACLU. As is the case with most public high school Bible courses, the ECISD course is being taught in a non-scholarly, non-secular manner, and this is unconstitutional. The new Permian Basin ACLU Chapter was formed in the wake of this lawsuit. Requiring recitation of the Pledge of Allegiance with “under God” phrase, requiring a “moment of silence,” and adding “under God” to the Texas Pledge (HB 1034). The national Pledge is currently under litigation and the Texas Pledge soon will be. If the unconstitutional two-word phrase is removed, the Pledges will become legal. Forcing religious speech on captive student audiences under the guise of “freedom of religious expression” (HB 3678). The law and its “Model Policy” were written by an anti-Separationist attorney and sponsored by two anti-Separationist Texas Representatives. This very egregious new law violates several Supreme Court decisions supporting the Establishment Clause, and will soon be litigated and overturned.

    34. The United States is a “Christian Nation” Myth

    35. The United States is a “Christian Nation” Myth

    36. The United States is a “Christian Nation” Myth

    37. The United States is a “Christian Nation” Myth

    38. The United States is a “Christian Nation” Myth

    39. The Declaration of Independence

    40. The United States is a “Christian Nation” Myth

    41. The United States is a “Christian Nation” Myth

    42. The United States is a “Christian Nation” Myth

    43. The United States is a “Christian Nation” Myth

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