UNDENIABLE The Survey of Hostility to Religion in America 2013 EDITION 2001 W. Plano Parkway, Suite 1600 801 G Street NW Plano, Texas 75075 Washington, D.C. 20001 Phone: 972.941.4444 Phone: 202-393-2100 Fax: 972.423.6162 Fax: 202-393-2134 www.LibertyInstitute.org www.frc.org BL13I01 www.religioushostility.org Undeniable The Survey of Hostility to Religion in America 2013 Edition Undeniable The Survey of Hostility to Religion in America 2013 Edition Justin Butterfield, Esq., Editor-in-chief Bryan Clegg, Assistant Editor Copyright © 2013 Liberty Institute. All rights reserved. This publication is not to be used for legal advice. Because the law is constantly changing and each factual situation is unique, Liberty Institute and its attorneys do not warrant, either expressly or impliedly, that the law, cases, statutes, and rules discussed or cited in this publication have not been subject to change, amendment, reversal, or revision. If you have a legal question or need legal advice, please contact an attorney. Liberty Institute’s attorneys may be contacted by going to www.libertyinstitute.org, selecting the “Contact” menu option at the top of the page, and then se- lecting “Request Legal Help.” Liberty Institute 2001 W. Plano Parkway, Suite 1600 Plano, Texas 75075 (972) 941–4444 ii TABLE OF CONTENTS An Open Letter to the American People .................................................iv About Kelly Shackelford, Esq. ...........................................................v About Tony Perkins ..................................................................vi Executive Summary ...................................................................1 Case Summaries ......................................................................7 Section I: Attacks on Religious Liberty in the Public Arena ...........................7 Section II: Attacks on Religious Liberty in the Schoolhouse .........................76 Section III: Attacks on the Religious Liberty of Churches and Ministries .............144 About Family Research Council .......................................................188 About Liberty Institute ..............................................................189 iii AN OPEN LETTER TO THE AMERICAN PEOPLE To our fellow Americans, Your most basic rights are being gravely threatened. This threat is coming in the form of a tidal wave of government-driven hostility to religious liberty in America. Such hostility is a tsunami which—if it reaches shore—will sweep away all your other liberties. Why? The Declaration of Independence, the birth certificate of our nation, acknowledged that all our rights—such as the right to a fair trial and to elect our own government—are “endowed” by a “Creator.” They are therefore “unalienable” and not to be violated by government. For that reason, the Founders called “free exercise” of religion, guaranteed in the First Amendment to the Constitution, our “First Freedom.” They regarded the right of everyday people to express open allegiance to the Creator as a safeguard against government attacks on any rights given by that Creator. But what if open and widespread expression of religious freedom—in government, schools, work- places, the military, public places, and more—is eliminated, driven into the shadows of society? What if religion becomes an opinion only to be expressed privately in your home or quietly in your church, if at all? What if religious liberty becomes a poor, subservient tenant of an arbitrary and imperious government landlord? If that occurs, then government can erase any of your rights as it sees fit, since government, not the “Creator” cited by the Founders, will be regarded as the ultimate definer, giver or taker of all rights. This book shows that such a disastrous reversal—government placed above the religious impulses and liberties of its citizens—is happening now, today. The threat is being pushed by wealthy, radical organizations such as the ACLU, Freedom From Religion Foundation, Americans United for Separa- tion of Church and State, American Atheists, and even misguided government officials who seek to delete religion from the public arena, from schools, and even from churches. The following collection of legal matters, detailing anti-religious discrimination throughout America, documents this threat. The tidal wave is growing. Indeed, the tide is already rising around our legs! Attacks on religion by government are the worst they have ever been in American history. There is still time to turn back this tide. In fact, there is encouraging evidence that we can do so if we choose. Liberty Institute and the Family Research Council have joined forces to boldly defend and restore religious liberty in America. This includes opposing and exposing the escalating efforts by activist organizations and government bureaucrats to redefine and regulate religious freedom as conceived by America’s Founders. From the local district courts to the U.S. Supreme Court to the halls of Congress and state legislatures, we will face each challenge head-on to protect our most precious liberty—our freedom of religion. We offer this book both as an undeniable warning and an encouragement to join us in restoring religious liberty. Kelly Shackelford, Esq. Tony Perkins President and CEO President Liberty Institute Family Research Council iv AbouT KELLy Shackelford, ESq. Kelly Shackelford, Esq., has been president and ceo of Liberty Institute since 1997. Mr. Shackelford is a constitutional scholar who has argued before the United States Supreme Court, has testified before the U.S. House and Senate on constitutional issues, and has won three state landmark First Amendment and religious liberty cases in the past few years alone. He was recently named one of the 25 greatest Texas lawyers of the past quarter-century by Texas Lawyer, and is the recipient of the prestigious William Bentley Ball Award for Life and Reli- gious Freedom Defense for his leadership and pioneering work protecting religious freedom. Mr. Shackelford is a highly sought after speaker and frequent guest on national television news and talk show programs, including The O’Reilly Factor, Fox and Friends, Hannity, Good Morning America, nbc’s Today Show, cnn, and msnbc. He has also been featured in the National Law Jour- nal, the Associated Press, The New York Times, the Washington Times, the Washington Post, the Los Angeles Times, and many other newspapers. Mr. Shackelford is on the Board of Trustees of the United States Supreme Court Historical Society and is a graduate of Baylor University. v AbouT Tony Perkins Tony Perkins is President of the Washington, D.C.-based Family Research Council. Mr. Perkins is a former member of the Louisiana legislature where he served for eight years, and he is recognized as a legislative pioneer for authoring measures like the nation’s first Covenant Marriage law. Although he had no opposition for re-election, he kept his pledge to serve only two terms and left office at the completion of his term in 2004. He was a Republican candidate for the United States Senate in 2002. Since joining FRC in the fall of 2003 he has launched new initiatives to affirm and defend the Judeo-Christian values that this nation is founded upon. Tony Perkins and FRC have led the way in defending religious freedom in the public square, protect- ing the unborn and their mothers, defending and strengthening one man/one woman marriage and promoting pro-family public policy. Tony hosts a daily national radio program, “Washington Watch with Tony Perkins,” and broadcasts a daily commentary heard on over 300 stations nationwide. His daily email, the Washington Update, is sent to tens of thousands of grassroots activists. An effective communicator, he frequently appears on national broadcast and cable news programs. Tony’s first book, Personal Faith, Public Policy, co-authored with Bishop Harry Jackson, Jr., was released in March 2008. In addition, he has been a keynote speaker for organizations across the country. Tony has a tremendous burden to reclaim the culture for Christ and believes that this revival will begin in the churches across America, reach across denominations and racial and economic lines, and build on shared values of family and freedom. Under his leadership FRC has established a thriv- ing Church Ministries program that is rapidly expanding and engaging Christians in civic affairs as never before. A veteran of the U.S. Marine Corps, and a former police officer and television news reporter, Tony brings a unique blend of experience and leadership to the pro-family movement. He received his undergraduate degree from Liberty University and a Master’s Degree from Louisiana State University in Public Administration. In May 2006 he received an honorary doctorate in theol- ogy from Liberty University. Tony and Lawana, married in 1986, have five children. vi EXECuTIVE SuMMARy When the Survey of Religious Hostility in America was released last year, it was met with a wide range of responses: from thankfulness that the survey shined a light on a growing problem to shock at how much religious persecution occurs in the United States to skepticism and outright denial of the included incidents, though each incident includes a citation to a court case, a news article, or a report from an organization involved in the incident. This year, the survey has been renamed Undeniable: The Survey of Hostility to Religion in America. This title exemplifies the purpose of the survey: to bring to light the increasing acts of hostility to religion