Aug. 2006 Break Report of the 2nd Session of the 109th Congress: A report from the staff of the Secular Coalition for America
Aug. 15, 2006
The weeks prior to the August break could best be characterized as a roller-coaster ride on our issues. Much of our work involved responding to the members of Congress beholden to the religious right and their election year "American Values Agenda." Speaker Dennis Hastert (R-IL) in describing their agenda said, "Radical courts have attempted to gut our religious freedom and redefine the value system on which America was built. We hope to restore some of those basic values through passing this legislative agenda and renewing our country's commitment to faith, freedom and life." In order to curtail these "radical courts" Hastert and his allies are seeking, through court stripping legislation, to remove the judiciary's ability to decide our issues.
While the Secular Coalition for America prepared a friend of the court letter supporting Michael Newdow's challenge to "under God" in the Pledge, we were thrilled to see the House Judiciary Committee kill a court-stripping bill (HR 2389, the so-called "Pledge Protection Act") which would have eliminated the federal courts' ability to decide the case (and any future cases dealing with reciting the Pledge). Then we were stunned to see the implementation of an almost-never used procedure to bring the defeated bill to the floor of the House anyway -- where it passed. In addition to losing the vote, we were subjected to bipartisan rhetoric denying the existence of nontheistic Americans. Todd Akin (R-MO) preached that "... if you were to summarize what America stands for, we have always stood for the idea, the simple principle, that there is a God ...," and Nancy Pelosi (D-CA) emoted, "We all agree -- 'one Nation, under God' -- what a beautiful pledge. We all agree."
The religious right's legislation to protect "religious freedom," which in reality imposes their narrow religious beliefs on our entire society, includes the "Public Expression of Religion Act" (HR 2679 and S 3696). This legislation would prevent successful plaintiffs from recovering their costs in challenging violations of the Establishment Clause of the First Amendment.
This bill is a blatant attack on our community because it targets Establishment Clause but not Free Exercise litigants. In fact, when the Chair of the Senate Judiciary Committee's Subcommittee on Constitution, Civil Rights and Property Rights, Sen. Sam Brownback (R-KS), suggested that perhaps both sides of church/state cases should be prohibited from collecting attorney's fees to level the playing field, Shannon Woodruff, Senior Research Counsel for the American Center for Law and Justice (a group which specializes in litigation intended to tear down the wall of separation), strongly objected to her side having to abide by the same rules she supports for our side. Both bills have had hearings in the subcommittees of their respective Judiciary Committees, but neither bill has been voted out of committee.
Looks like an Easter Cross; smells like an Easter Cross; must be a ... Veteran's Memorial?
On July 19, 2006, in yet another bipartisan attack on our community, the House overwhelmingly passed (349-74) HR 5683, which transfers the property around the Mt. Soledad Easter Cross in San Diego, California to the federal government. This is a shameful effort to further delay the removal of this clearly unconstitutional government endorsement of Christianity, as required by a current court ruling. In late July, Senator Jeff Sessions (R-AL) attempted to pass the bill but was blocked by an anonymous Democratic objection. (It takes only one Senator to block a unanimous consent motion.) On August 1, Senator Bill Frist (R-TN), likely noting different Senators in attendance, again used the unanimous consent procedure. This time it worked. No one stood up for our community or the separation of church and state on August 1.
While following the movement of the bill to prohibit successful plaintiffs in Establishment Clause cases from collecting costs, we stumbled upon an attempt by Rep. Louie Gohmert (R-TX) to attach an amendment into a prison programs bill (HR 1704, the Second Chance Act) that would have allowed religious employment discrimination by faith-based groups providing job training and other rehabilitation services for ex-convicts using government funds. In an effort to wear down his opponents, Gohmert offered essentially the same amendment over and over again. His plan almost worked. In one vote his amendment was passed, but when Anthony Weiner (D-NY) and Bobby Scott (D-VA) threatened a similar tactic with amendments prohibiting discrimination and prostelyzing by religious grant recipients, the vote on the Gohmert Amendment was reconsidered and defeated. This setback did not discourage Gohmert, who continued to offer amendments. Fortunately, after a few hours he ran out of places in the legislation to insert "and faith-based organizations," and he concluded his amendment marathon. This absurd political theater brought to mind the phrase, "A sign of insanity is to keep doing the same thing and expect a different outcome."
However, in two bills carried over from the last session, the absurd was embraced. The House passed amendments in the Head Start and Workforce Investment Act (WIA) reauthorizations to allow religious organizations operating federally funded Head Start and WIA programs to practice religious discrimination in the employment of publicly funded personnel. In November of 2005 the House of Representatives passed an amendment in the Head Start reauthorization allowing this discrimination, a clear violation of our civil rights protections. The amendment was sponsored by now House Majority Leader John A. Boehner (R-OH). These amendments are expected to be removed in the Senate versions, and we are lobbying to encourage that action.
President embraces "snowflakes" but rejects science
Another difficult ride was HR 810, the "Stem Cell Research Enhancement Act." The Secular Coalition for America was pleased to be asked to join with numerous medical, research, and university entities on a letter supporting passage of a bill to allow extending the National Institutes of Health's ability to conduct stem cell research. Direct lobbying of U.S. Senators (in addition to staff contacts) and grassroots contacts such as Action Alerts encouraged movement on this important issue. The passage of the bill was a great victory; however, the President's veto and lack of sufficient votes in either chamber for an override quickly turned our victory into defeat. The Bush veto curtailed the scientific advances offered by stem cell research because of a theological definition equating a collection of cells with a fully formed human being.
Debate surrounding this bill has renewed interest in the Access to Legal Pharmaceuticals Act (ALPHA - HR1652 and S809) and pointed out again how science (in the case of ALPHA, access to birth control) is being hampered by religious theology.
Reading, writing, 'rithmetic, and religion ... on your dime
Under the guise of helping children, advocates of providing federal funds to religious schools attempted to extend a one-year voucher program for students displaced by hurricanes Katrina and Rita. The proposal was initiated by Senators Kay Bailey Hutchinson (R-TX) and Mary Landrieu (D-LA). When the U.S. Senate voted in 2005 to provide federal funds to private schools (including religious schools), Senator Ted Kennedy (D-MA) and others gave public assurances that this funding would only be for the 2005-2006 school year. The Secular Coalition for America lobbied against that bill because we do not believe that an emergency negates the need for the separation of church and state. Parents are welcome to send their children to religious education on their own dime, but not with federal subsidies. Fortunately, Kennedy and others kept their word and agreed with lobbyists for the SCA and allied organizations; the extension proposal died.
Other funding bills have been introduced including S 3682/HR 3682, "America's Opportunity Scholarships for Kids" (which is linked to the No Child Left Behind Act), and there are also efforts underway to expand the voucher program that exists in the District of Columbia. The Secular Coalition for America is working closely with allied groups to monitor and stop these efforts.
What's Love Got to Do With It (Marriage): Congress pushes for biological baby-makers (no adopting couples need apply)
Lacking sufficient votes in both the House and Senate, there will be no 28th Amendment to the Constitution defining marriage as the union between a man and woman. This legislation (S.J. Res. 1) would have imposed a religious standard on the civil marriage contract. Many proponents of changing the U.S. Constitution to exclude same-sex marriage explained that "God didn't make Adam and Steve; He made Adam and Eve," and they cited biblical support for their version of who shall be eligible for civil marriage contracts. Others claimed that the "sacred" state of marriage is exclusively for those who will biologically procreate (though, thankfully, no recommendation was made to prohibit married couples from using birth control or to prohibit infertile couples from obtaining state-issued marriage licenses). Had the proposed amendment passed, it would have been the first time in our nation's history that the Constitution would limit citizens' civil rights based on a theological definition.
Countering the grassroots activity of the religious right, I was heartened to meet with students who came from all over the country to lobby against the marriage amendment in the House. The two young women from Oklahoma and North Carolina whom I accompanied on their student lobby day visits were articulate and their sentiments were heartfelt. One happened to be gay; the other was a heterosexual Muslim woman. Both understood clearly that even if their own religion prohibited same-sex marriage, such theological definitions should not define the civil contract of marriage for other Americans.
This rush of legislation prior to the August break harming our community and threatening the separation of church and state was not unexpected. The session began with losses on important issues for our constituency regarding the Boy Scouts and court appointments.
God's help apparently essential to assisting little old ladies across the street: the Boy Scouts
At the close of the 1st Session of the 109th Congress, our elected representatives quietly snuck in unique protections for the Boy Scouts of America (BSA) to discriminate against atheists while continuing to receive government support as part of a defense authorization bill.
On May 24, 2006, the Secular Coalition for America participated in a Scouting for All protest organized at the hotel hosting a national Boy Scouts of America meeting in Washington, D.C. The rally called for an end to the discrimination by the Boy Scouts against atheist and gay youth and adults. It also called on the federal government to stop providing support for the BSA as long as they insist on such discrimination.
Poor judgment: Confirmation of Samuel Alito and Brett Kavanaugh
In their continuing effort to control all branches of government, the religious right celebrated the appointment and confirmation of Samuel Alito to replace Sandra Day O'Connor on the Supreme Court. A filibuster was initiated, but only 25 Senators supported the effort. The supporters of the filibuster were Bayh (D-IN), Biden (D-DE), Boxer (D-CA), Clinton (D-NY), Dayton (D-MN), Dodd (D-CT), Durbin (D-IL), Feingold (D-WI), Feinstein (D-CA), Jeffords (I-VT), Kennedy (D-MA), Kerry (D-MA), Lautenberg (D-NJ), Leahy (D-VT), Levin (D-MI), Menendez (D-NJ), Mikulski (D-MD), Murray (D-WA), Obama (D-IL), Reed (D-RI), Reid (D-NV), Sarbanes (D-MD), Schumer (D-NY), Stabenow (D-MI), and Wyden (D-OR).
Alito's presence on the nation's highest court puts at risk important precedents regarding the Establishment Clause and the separation of church and state. The final vote to confirm Alito was 54 to 42. If the 17 additional Senators who voted against Alito had joined the 25 Senators in the filibuster, Alito would not be on the Supreme Court today. These 17 symbolic but ineffective votes came from Akaka (D-HI), Baucus (D-MT), Bingaman (D-NM), Cantwell (D-WA), Carper (D-DE), Chafee (R-RI), Dorgan (D-ND), Harkin (D-IA), Inouye (D-HI), Kohl (D-WI), Landrieu (D-LA), Lieberman (D-CT), Lincoln (D-AR), Nelson (D-FL), Pryor (D-AR), Rockefeller (D-WV), and Salazar (D-CO).
Brett Kavanaugh was granted a lifetime appointment to the U.S. Court of Appeals for the D.C. Circuit in May 2006. He was approved by the Senate Judiciary Committee in a 10-8 party line vote and by the entire Senate 57-36 (seven Senators did not vote).
Although his legal resume was thin compared to prior appointments, Kavanaugh has clearly demonstrated that he is no friend to the concept of separation of church and state. In 1999, on behalf of members of Congress he authored an amicus brief that was submitted to the Supreme Court in the case of Santa Fe Independent School District v. Doe. In his brief, Kavanaugh argued that student-led prayers over the school loudspeaker at public school football games were protected as free speech under the First Amendment and did not infringe on other students' rights under the Establishment Clause. Fortunately, the Supreme Court in a 6-3 decision rejected Kavanaugh's claim and found that the prayer was both a "perceived and actual endorsement of religion."
Unfortunately, he now has the opportunity to implement his views from a federal bench, and the rights of our public school children to be free from religious coercion and school-sponsored endorsement of religion are in jeopardy.
Chaplains reign again at U.S. Air Force Academy
As an additional indication of this administration's disregard for Establishment Clause protections, the U.S. Air Force issued revised guidelines on religious rights in early February. The guidelines, called "Revised Interim Guidelines Concerning Free Exercise Of Religion in the Air Force," significantly backtrack from similar guidelines issued last year following an investigation into allegations of official preference toward evangelical Christianity and the resulting heavy-handed forms of proselytizing at the Air Force Academy in Colorado Springs, Colorado. The new guidelines focus on protecting the rights of chaplains to freely expound their faith while ignoring the rights of minority religions and nontheists. The new guidelines also counter prior Air Force statements that public prayer would not be a part of official gatherings, such as sporting events or staff meetings. These events provide captive audiences for these now unfettered chaplains.
Representative Walter Jones (R-NC) was active in lobbying the administration to give chaplains more freedom to engage in evangelical activities. In October of 2005 Jones sent the White House a letter, signed by over 70 other members of Congress, supporting the actions of evangelical Christian chaplains in the Air Force. However, some members of the House did not feel the new guidelines went far enough and were able insert an amendment into a defense authorization bill (HR 5122) that would allow chaplains to "pray according to the dictates of the chaplain's own conscience" (read: in the name of Jesus) at public military ceremonies. Fortunately, the SCA alerted members of the Senate and this provision was kept out of the authorization.
Bush's budget request for 2007
The president's 2007 budget request includes funds for a host of activities that aid religious organizations and create opportunities for state sponsored religious proselytizing. For example, the president proposes increasing funding to abstinence-only-until-marriage programs. These unproven and factually inaccurate programs blur the line between science and religion by indoctrinating students with specific religious beliefs posing as scientific facts. [See Committee on Government Reform - Minority Staff Report December 2004.] The SCA will continue to lobby for passage of the Responsible Education About Life Act (HR2553 and S368) which would cut off federal funds to non-fact-based sexuality education.
The GAO (U.S. Government Accountability Office) also issued a report (.pdf) that found the president's faith-based funding programs lack safeguards to prevent religious discrimination and do not have adequate performance measures to determine if these projects are effective. The Secular Coalition for America will work with our coalition partners to eliminate, or at least reduce, the funding for these and other programs that violate the separation of church and state and discriminate against our community.
Both chambers of Congress are behind in the appropriations process and the shortness of the legislative calendar guarantees continuing resolutions to keep the government operating into the 2007 fiscal year (starting October 1, 2006). Delays in the process may force a lame duck Congress to finish this important work. This environment may make the process even more hectic and ideologically driven.
What next?
With the elections close upon us, we expect even more religious right-inspired initiatives to surface following the August break. The Family Research Council is organizing a conference, the "2006 Value Voters Summit," in September to put additional pressure on Congress. As the organizers advertise, "This is more than a conference ... it's a call to action."
The Secular Coalition for America will continue its important work to counter these efforts. If you have not signed up for our e-mail Action Alerts, please do so now. In addition to your active participation in the political process by regularly contacting your elected representatives, we also need your financial support to continue our operations. Please visit our support page today to make an online donation. The Secular Coalition for America now accepts all major credit cards as well as PayPal, and both systems can process monthly recurring gifts as well as single donations.
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