2012 ANNUAL REPORT AU Mission Americans United for Separation of Church and State is a nonpartisan educational organization dedicated to preserving the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans. Thomas Jefferson Contents 2 Letter from the Executive Director 4 Communications 14 Project Fair Play 18 Legal Advocacy 26 Legislation 32 Grassroots Advocacy 42 Organizational Structure 44 Statement of Activities and Statement of Financial Position 47 Major AU Contributors Letter from the Executive Director 2012 was an election year that meetings are unconstitutional because the process Discrimination, we have maintained consistent and “virtually ensured a Christian viewpoint” and “had the usually successful actions to prevent adoption or featured a lively (and sometimes effect of affiliating the town with Christianity.” A case expansion of voucher programs that would fund in Elmbrook, Wisc., challenged a public school district primarily religious private schools and kept up a abrasive and misguided) debate that held its graduation exercises under a large cross in drumbeat of protest against the Obama administra- about the role of religion and a church filled with religious iconography. The appel- tion’s refusal to eliminate the George W. Bush-initiated late court ruled 7-3 that the practice is unconstitutional policy of allowing discriminatory hiring practices on politics in America – highlighted and unwelcoming for community members who did the part of religious charities receiving government not share the faith promoted by this sectarian venue. grants and contracts. by claims of divine support In another well-publicized victory, AU reached a settle- At the state level, we played a key role in organizing from at least four presidential ment with a school district near San Antonio, Texas, secular and crucially important religious opposition to stop numerous official religious practices including to a proposed initiative in Florida that would have candidates. Through it all, prayer at graduations and display of religious materials eliminated the state constitution’s strong “no aid to in school hallways. AU Legal Department strategy religion” provision and allowed taxpayer subsidies Americans United offered also includes sending letters to governments violating of a vast array of religious ministries, missions and the constitutional rights of citizens in the (generally schools. To pass, the amendment would have required a voice of reason, expertise successful) hope that these disputes can be resolved a 60 percent voter approval, but it did not even get and discernment on behalf of without entering a courtroom. majority support, and the protections remain intact. A victory for the other side in Florida would have the constitutional principle of Americans United conducts sophisticated lobbying unleashed efforts to amend constitutions in as many activity (within the bounds of our tax-exempt status) as 36 other states. church-state separation. in both Congress and state legislatures and with executive branch agencies across the nation. We began I am very proud of the grassroots structure that has Over the course of this year, Americans United contin- a concerted effort to neutralize pressure from the been built by Americans United, as more and more ued a vigorous litigation program, played a major role Religious Right and the U.S. Conference of Catholic chapters are formed and work done is more inclusive in the defeat of one of the most insidious state referenda Bishops to allow secular corporations as well as and sophisticated, with expanding community in modern history, strengthened its local outreach by religiously affiliated schools and hospitals to opt out outreach. M any chapters partnered with Katherine supporting 65 chapters around the country and even of insurance coverage and presented arguments in Stewart, author of The Good News Club, an expose of sponsored 75 “Voices United” concerts to connect with written testimony to the House of Representatives, public school evangelism directed at young students, new and often younger audiences. comments to the Department of Health and Human to grow public awareness of the phenomenon. Services and my appearance before the House Pro- Americans United’s legal program resulted in two Choice Caucus. AU chapters in both San Antonio and the Delaware major victories in federal appeals courts. In litigation Valley (of Pennsylvania and New Jersey) expanded in Greece, N.Y., a u nanimous appellate panel held With leadership roles in both the National Coalition for previously successful day-long events to celebrate the that overwhelmingly Christian prayers at town board Public Education and the Coalition Against Religious Constitution’s guarantees of true religious freedom, to 2 believe or not. Popular programs included numerous All of our activities are publicized by our Communi- appearances by AU staff members, including myself, cations staff, whether on popular shows like CNN’s and screenings of powerful documentaries like “The “Anderson Cooper 360°,” mainstream outlets like Lord Is Not On Trial Today” (about a famous Supreme National Public Radio and The New York Times or new Court case about “released time” religious instruction internet-based operations like Alternet and Huffington in public schools) and “No Dinosaurs In Heaven” (an Post. Controlling our message even more directly, explanation of evolutionary biology). we publish a d aily blog, produce the award-winning monthly magazine Church & State, do a daily radio feed Membership in Americans United has again begun to called “Culture Shocks” and provide regular updates grow, but we are always aware of the need to attract on our Facebook and Twitter pages. younger members, supporters and donors. Toward that end, working with singer-songwriter Catie Curtis, None of this could be accomplished, of course, without we created a program called “Voices United” that the generous financial support of the tens of thousands put on nearly 75 concerts, at least one event in every of individuals, families, foundations and companies state, over the final weekend in September. Featuring that are our donors. They keep the lights on, allow us folk musicians, jazz bands and even comedians Sarah to hire extraordinarily talented staff (some of whom Silverman and Russell Brand, the shows introduced stay with us for decades), permit the development and new audiences to the work of Americans United and implementation of innovative programs and keep the built enthusiasm for using cultural events to promote message of church-state separation before politicians, social causes. judges, academics, religious leaders, students and everyone else with an “ear to hear.” Americans United is strictly non-partisan, and we expect that other non-profits, including religious ones, And with this help, we look forward to a successful 2013 will be as well. We developed Project Fair Play nearly and as many more years as it takes to bring this idea 20 years ago to educate clergy and to report abuses of to fruition in every community for every American. the federal tax law prohibition against intervention in political campaigns. Over those two decades there has been a m arked decrease in activity like church AU Executive Director distribution of obviously biased “voter guides,” but with the high level of religious rhetoric in the 2012 Barry W. Lynn campaigns, we saw some outrageous examples of pulpit politicking. These included a sign outside a church in Barry W. Lynn Florida saying “Vote for the Mormon, Not the Muslim.” Executive Director Regrettably, the Obama administration’s failure to Americans United alter an obscure IRS regulation has put investigation for Separation of Church and State of these complaints on hold. 3 Communications: Educating People, Spreading the Message When a fundamentalist preacher in North Carolina waded into partisan politics and extremist rhetoric in May 2012, his sermon went viral and the news media zoomed in. Speaking in the pulpit of the Providence Road Baptist Church located a half hour outside Charlotte, the Rev. Charles Worley excoriated President Barack Obama for supporting reproductive rights and marriage equality for same-sex couples. The pastor said gays and lesbians should be quarantined behind electrified fences and allowed to die out. AU Communications Staff Joseph Conn Robert Boston Simon Brown Susan Hansen Maria Matveeva Timothy Ritz Communications Director Assistant Communications Communications Web Manager Web Manager Communications Director Associate Assistant (through May) (through August) (from July) As for the presidential election, Worley made it or any other kind of charity. This isn’t even close, expert comment. We also act vigorously to correct clear that congregants were to vote against Obama. Anderson, to the line.” any misinformation about church-state separation “Somebody said who you going to vote for?” Added Lynn, “This is not why people go to spread by the Religious Right or other opponents of Worley asked. “I ain’t going to vote for a baby-killer church. In fact, a new poll just a few days ago sug- that vital constitutional principle. and a homosexual lover. You said, did you mean to gests that about two-thirds of Americans do not want The Communications Department also monitors say that? You better believe I did.” their pastor, their priest, their rabbi to tell them who – and exposes – the activities of the Religious Right. Rants like Worley’s may be protected by the to vote for. That’s not why they’re in a sacred space In September, a team of AU staffers attended the First Amendment’s free speech provisions, but on a Saturday or Sunday.” so-called “Values Voter Summit” in Washington, electioneering from a tax-exempt pulpit is a viola- Americans United feels strongly that education D.C., which drew 3,000 attendees to strategize about tion of federal tax law. is the best way to fight for church-state separation ways to increase the political power of the Religious CNN’s Anderson Cooper turned to Americans and defend the Constitution, and appearances on Right in advance of the 2012 election season.