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Updated 12.20.11 The ACLU believes
that the right of every American to practice his or her own religion, or no
religion at all, is one of the most fundamental freedoms guaranteed by
the Establishment Clause of the First Amendment. The Constitution’s
framers understood that religious liberty can flourish only if the government
leaves religion alone.
What’s happening in Ohio
Defending the Right to Practice a Religion – or Not
Recent ACLU of Ohio cases highlight the organization’s commitment to both defending
the right to practice religion and preventing the government from supporting religion. In
State of Ohio v. Daley,
the ACLU of Ohio defended John Daley, who had told state employees that God would punish
them. Although Daley made clear that he was not threatening them, he was charged with menacing
and other crimes, and was hospitalized and medicated against his will because of his
“unorthodox” religious beliefs. After several months, the ACLU of Ohio
secured his release.
In ACLU v. DeWeese, the
ACLU of Ohio filed a lawsuit to prevent Richland County Common Please Court Judge James
DeWeese from displaying a poster supporting the Ten Commandments over “Humanist Precepts.” The
ACLU of Ohio sued and prevailed in federal court, asserting that the poster was an
unconstitutional endorsement of religion. In February 2011, a panel of the Sixth Circuit
Court of Appeals unanimously agreed with the lower court's ruling. In October 2011, the U.S.
Supreme Court declined to hear Judge DeWeese’s appeal, effectively upholding the decision
that his poster is unconstitutional. Following the Supreme Court’s refusal to hear an appeal,
the ACLU of Ohio asked for, and was granted attorney’s fees and costs. This marked the second
time in a decade the federal courts have ruled Judge DeWeese’s courtroom posters were a
violation of religious liberty. In 2002, the courts ruled Judge DeWeese remove a similar
religious document from the courtroom wall.
Teaching Religion in Ohio Schools
In August 2011, two board members of the Springboro Community City School District asked the district to
consider ways to integrate creationism into school curriculum. The
ACLU of Ohio encouraged the district to give up these
plans, which would surely lead to expensive and unnecessary litigation. As a result of pressure for
civil liberties groups, the board members have rescinded their plan. The ACLU of Ohio continues to monitor
the situation.
In 2002, the Ohio state school board approved a plan that opened the door to teaching intelligent design,
a version of creationism that posits an unnamed “designer” is responsible for creating life.
However, they rescinded the plan in February 2006, after a school board in Dover, Pennsylvania lost a legal
challenge in a similar case.
Since that decision in
Kitzmiller v. Dover, proponents now
emphasize “teaching the controversy.” They argue that teaching evolution without criticism and
alternatives violates the principle of objectivity. The scientific method, they claim, requires consideration
of all possible theories, including the supernatural, unless proven false. However, nearly all scientists
reject this argument because metaphysical explanations are unverifiable and unscientific.
What’s Happening Nationally
“Radicalization” Hearings in Congress
Rep. Peter King (R-Long Island) has conducted three hearings on Muslim “radicalization” in the
U.S. House Homeland Security Committee in March, June, and July of 2011. King alleges that Muslims who hold
devout religious beliefs are more likely to be associated with terrorism. The ACLU strongly opposes targeting of any person based on religious belief. Rep. King’s crusade
evokes frightening imagery of past Congressional hearings targeting Jews, atheists, and left-leaning activists.
Resources
Check out these resources for more information about the constitutionality of
holiday celebrations in your schools and communities:
ACLU Religion and Belief Project,
Information about a wide range of religious liberty issues
Americans United for the Separation of
Church and State, News, resources, and tips for ensuring separation of church and state in local
communities
National Center For Science Education,
Information and resources to keep creationism out of school curricula
Read religious liberty news releases and articles in our
News Center.
Browse our webcasts for religious liberty-related programs:
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