Subject: MITAAH-NEWS: A busy week for the Supreme Court Date: Thu, 26 Jun 1997 12:42:31 EDT * The court strikes down the CDA, which benefits everyone. See http://www.ciec.org/ for news and views. * The court approves the use of public school teachers for remedial instruction in parochial schools (see enclosed article). * The court strikes down the Religious Freedom Restoration Act, which would have given religious organizations and practices special consideration and legal standing in civil and criminal disputes. Some freethought groups applaud this decision, while some church-state separation groups consider it reverse-discrimination or "a step backwards" (see second enclosed article from PFAW). It IS reasonable to suppose that this decision may be used as evidence for imaginary anti-religious bias in our (overwhelmingly religious) country. ---------------------------------------------------------------------------- ================================================= People For the American Way Press Release June 23, 1997--FOR IMMEDIATE RELEASE CONTACT: Delisa Saunders, Will Heyniger (202) 467-4999 ================================================= AGOSTINI RULING 'PRESERVES BASIC FRAMEWORK OF CHURCH-STATE SEPARATION,' PFAW SAYS People For the American Way President Carole Shields said that while the Supreme Court today in Agostini v. Felton ruled that public school teachers can provide remedial help at parochial schools, the Court was careful not to fundamentally alter the basic legal principles it has established on the issue of church-state separation. "Today, the Supreme Court indicated that it is not willing to accept the Religious Right's efforts to rewrite church-state precedent in this very sensitive area of American law," Shields said. "The Religious Right will seek to use this case to argue for vouchers that would fund private schools with public dollars, but the Court has clearly said it is not offering such a broad precedent. Indeed, direct subsidization of private schools themselves is not involved here, and there's no indication that the court's opinion has changed on the subject of vouchers." "The Supreme Court essentially accepted the argument that People For the American Way made in an amicus brief before the Court: That the Court can overrule the Aguilar vs. Felton ruling without overturning a half-century of other court decisions in this key legal area," said Elliot Mincberg, legal director of People For the American Way. "This ruling preserves the basic framework of church-state separation." In its amicus brief, People For the American Way suggested that remedial instruction by public school teachers under Title I could be offered inside private school buildings, as long as there are adequate legal safeguards. "Currently, public school instruction under Title I is offeredin trailers parked just outside private schools," Mincberg said. "In essence, the Court said you can move the trailer inside the school, and that you don't have to force students to walk outside to get Title I help." Mincberg and Shields agreed that the primary danger in the decision is the potential for mischief and misinterpretation by lower courts and conservative groups. "The Religious Right will seek to misuse this ruling as a signal that vouchers can be legal and that other forms of state subsidy of private school education are permissible, under Title I and otherwise," Shields said. "For this reason, we call on the Education Department to promulgate clear national guidelines concerning the provision of Title I assistance in private schools, with safeguards that uphold the principles of church-state separation. And we must keep urging the Court itself to stand fast and continue to honor these principles." --------------------------------------------------------------------------- ====================================== People For the American Way Press Release June 25, 1997--Immediate Release CONTACT: Will Heyniger, Delisa Saunders, (202) 467-4999 ====================================== PEOPLE FOR THE AMERICAN WAY CALLS HIGH COURT RULING ON RFRA 'A MAJOR STEP BACKWARD' People For the American Way President Carole Shields today said the Supreme Court's 6-3 ruling striking down the Religious Freedom Restoration Act was a "major step backward," but said it is unnecessary for Congress to resort to the radical step of amending the U.S. Constitution in order to protect Americans' religious freedom. "This decision is a major step backward. As an organization that helped draft the Religious Freedom Restoration Act, we are deeply discouraged by this ruling," Shields said. "The Court has compounded the error it made in 1990 with its Smith decision, which reinterpreted and weakened the Free Exercise Clause of the U.S. Constitution. Now the Court has said that Congress' effort to protect religious freedom by statute is unconstitutional." "What makes matters worse is that the Religious Right will use this ruling as an excuse to lobby for a constitutional amendment such as the one proposed by Rep. Istook," Shields said. "Two wrongs don't make a right. Today's Court ruling impinged upon Americans' religious freedom. If, through Istook, government establishes a religion, we sacrifice religious freedom. It is as simple as that." PFAW Legal Director Elliot Mincberg, who helped draft an amicus brief submitted to the court by RFRA supporters, said there are remedies to address the Court's ruling without a constitutional amendment. "People For the American Way remains committed to protecting religious freedom despite today's ruling, just as we were in 1990," Mincberg said. "The options available to us include returning to Congress and asking it to pass a law that more clearly addresses the type of religious discrimination some Americans face. And we can go to the states and ask that similar state legislation be passed and that state supreme courts protect religious freedom, as a number already have. Finally, we can ask the Court to reconsider its flawed decision in the 1990 Smith case -- a decision that Justice O'Connor clearly stated was wrong in today's ruling." Mincberg said the Court has sent mixed messages on religious freedom this week and has clearly acted to restrict Congress' authority. "On Monday, with its Agostini ruling, the Court said Congress does have the power to enact a law that indirectly aids religious schools by providing assistance to educationally disadvantaged students who attend them," he said. "But today, the court says Congress cannot act to directly protect religious freedom. In so doing, the Court has also restricted Congress' authority to protect constitutional rights in general." People For the American Way is a 300,000-member organization dedicated to defending civil rights; promoting the democratic values of religious freedom and respect for diversity; and developing a culture of opportunity and tolerance for individual difference. ====================================== People For the American Way 2000 M Street NW Suite 400, Washington DC 20036 http://pfaw.org | pfaw@pfaw.org 202 467 4999 | Fax: 202 293 2672 ------------------------------------------------------------------------