Articles Tagged ‘1st Amendment’
ACLU Is a Partner, Not an Enemy, of Free Religion
Micah McCoy, Communications Specialist
Most people know the American Civil Liberties Union as one of the oldest and fiercest defenders of religious liberty in the nation. However, Steve Smothermon, the pastor of Legacy Church in Albuquerque, was recently quoted in the Journal accusing the ACLU of attacking his religious beliefs. If Smothermon examined the situation more closely, he’d see that the ACLU’s concerns have nothing to do with his faith, but with defending the freedom of all people to practice their faith – or no faith at all – without governmental interference.
In recent years, the ACLU:
• Joined forces with the American Family Association, filing a lawsuit that freed a Christian preacher, who was jailed for 109 days for street preaching in Portales;
• Defended the right of evangelical Christians to preach on the sidewalks of the Strip in Las Vegas, Nev.;
• Intervened on behalf of a group of Massachusetts high school students who were suspended for distributing candy canes and a religious message at school;
• Opposed a Texas high school’s policy prohibiting students from wearing visible crosses and rosaries.
And the list goes on. The ACLU has filed hundreds of lawsuits to protect Americans’ First Amendment right to freely exercise their religion. But the Free Exercise Clause is only half of the First Amendment’s protection of religious freedom. The ACLU is also proud of its work defending the rights of everyone by ensuring that the Establishment Clause is fully respected. It was this work that Smothermon objected to so strongly, namely the ACLU’s opposition to the Bernalillo County Sheriff’s Office using Legacy Church as a venue for its new deputies’ graduation ceremony.
Doubtless Smothermon offered the use of Legacy’s facilities in a spirit of service to the community, but Sheriff Dan Houston should have thanked him and declined. The community is not served when the county’s top cop conducts state business in a house of worship and compels his subordinates to attend.
Article II, § 11 of the New Mexico Constitution provides that “No person shall be required to attend any place of worship …” Forcing public servants to attend their own graduation ceremony in a place of worship is not just wrong, it’s against the cherished principles of religious freedom that undergird our nation and our state.
Some of the more callous observers of this controversy have said that the church is “just another building.” But places of worship are more than just buildings; they are emblematic of and associated with the beliefs espoused by the faith community and its leaders.
Should gay deputies and deputies with gay family members be forced to graduate on the same stage that hosted Scott Lively, an advocate for the criminalization of homosexuality and the author of “The Pink Swastika,” which asserts that “homosexuals the true inventors of Nazism and the guiding force behind many Nazi atrocities?”
Should Catholic deputies be forced to graduate in a church where the head pastor preaches that the rosary is “vain and repetitious” and declares that “God is not impressed with such empty and meaningless prayers”?
When Houston held the graduation at Legacy Church (his own church) rather than in one of the many available public facilities, he sent a message to the community that BCSO favors Legacy’s set of beliefs over all others. The government should not be in the business of deciding which religious beliefs are right, wrong or preferred.
Although Smothermon said he has no regard for the ACLU, the ACLU still has regard for him – just as we have regard for the rights of every American. While we might always not see eye to eye, we would be proud to defend Smothermon and Legacy Church should the government ever interfere with their right to pray, worship and believe as they see fit. But we are equally proud to stand up to the government when it involves Legacy Church in an unconstitutional endorsement of religion. Because that’s what the ACLU does – we defend religious freedom for everyone.
This article was published in the Opinion section of the Monday, December 26, 2011 issue of the Albuquerque Journal.
Posted in Featured Articles, Freedom Forum | 
Tags: 1st Amendment, Establishment Clause, Legacy Church, Public Education, Religious Freedom | 
1 Comment »VIDEO: When Freedom Can’t Defend Itself
On October 22, the ACLU of New Mexico premiered it’s new video, When Freedom Can’t Defend Itself, at the 49th Annual Bill of Rights Celebration. The video follows the stories of four New Mexicans, a Sikh paramedic, a National Guardsman, a Border Patrol agent and a high school student who all turned to the ACLU of New Mexico when their civil liberties were violated.
Posted in Featured Articles, Freedom Forum, Multimedia | Tags: 1st Amendment, Free Speech, LGBT Rights, Public Education, Religious Freedom | No Comments »Occupying? Know your rights!
Can my free speech be restricted because of what I say—even if it is controversial?
- A march or parade that does not stay on the sidewalk, and other events that require blocking traffic or street closure
- A large rally requiring the use of sound amplifying devices; or
- A rally at certain designated parks or plazas
Bernco Commissioner Michael Wiener Told You to Go to Hell…
On Tuesday, September 27, Bernalillo County Commissioner Michael Wiener told the ACLU to “go to hell.”
No joke. You can watch the video clip for yourself:
I spoke on behalf of the ACLU at the commission meeting on Tuesday in support of a resolution that would prohibit county ceremonies from being held in places of worship. I told the commission that when a government agency holds official ceremonies in places of worship, it sends a message to the community that a certain religious group or set of beliefs is preferred—and that’s just not right.
Unfortunately, I was outnumbered 30 to 1 at the meeting and things got a little ugly. Then Wiener told us to go to hell. Then the commission voted down the resolution 3-2. It was kind of a rough day.
But that’s what the ACLU does, we take principled stands—often in the face of fierce opposition—to insure that our freedoms are not trampled by the tyranny of the majority. Today, I’d like to invite you to stand with the ACLU of New Mexico by letting your commissioners (especially Wiener!) know that the separation of church and state matters to you.
This resolution didn’t come out of the blue. Earlier this month Bernalillo County Sheriff Dan Houston chose his own church as the venue for the graduation ceremony for new deputies. Some of the new deputies were upset that, on their special day, they would be forced to attend a ceremony in a place of worship when plenty of secular, county-owned venues were available.
We want our supporters to speak up on this issue because it is important to show that what happened at that commission meeting was unacceptable. The majority of Americans value the separation of church and state because they know that both government and religion are at their best when they are not entangled with one another.
Sincerely,
Peter Simonson
Executive Director
Support Bernalillo County Commission’s Resolution Banning Use of Religious Buildings for Public Ceremonies
No one should have to feel uncomfortable or out of place because the government chooses to hold a public function in a place of worship. That’s what happened recently when the Bernalillo County Sherriff’s Office decided to hold their new deputys’ graduation ceremony at Legacy Church in Albuquerque.
In response, the Bernalillo County Commission has introduced a resolution requiring that all public ceremonies involving county employees be held in public facilities. This is a great resolution for several reasons:
- When a government agency holds a public function at a place of religious worship, they implicitly give their endorsement to that particular religious sect. The government should not be in the business of deciding which beliefs are right, wrong or preferred.
- There are plenty of government owned, non-religious community centers, public gathering areas and multipurpose stages that can serve as venues for public ceremonies at no additional cost to the tax-payer. These venues are far more appropriate places to hold public ceremonies involving people who hold a diverse, wide range of religious beliefs.
- Holding public ceremonies in places of worship makes the government vulnerable to legal challenges. Using tax-payer money defending against a First Amendment lawsuit when appropriate non-religious alternatives exist is a waste. We can’t afford to spend the County’s limited resources in this way.
Please take the time to write your county commissioners to ask they vote YES on the resolution requiring that all public ceremonies involving county employees be held in public facilities. If you don’t know which commissioner represents your district, you can consult the maps below:
Maggie Hart Stebbins, Chair (District 3): wobrien@bernco.gov (Dist. 3 map)
Art De La Cruz, Vice Chair (District 2): dherrera@bernco.gov (Dist 2 map)
Michelle Lujan Grisham (District 1): BCCDistrict1@bernco.gov (Dist. 1 map)
Michael C. Wiener (District 4): ddady@bernco.gov (Dist 4 Map)
Wayne A. Johnson (District 5): kbrown@bernco.gov (Dist. 5 map)
Posted in Freedom Forum | Tags: 1st Amendment, Policy and Legislative Advocacy, Religious Freedom | No Comments »
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