Friday, August 18, 2006

The ACLU Defends Religious Liberties

In response to a recent post on my main blog, I received a lot of skepticism that the ACLU would defend people's religious rights, particularly if the religion in question is the majority one, Christianity.

People have this impression because those on the right demonize the ACLU with no regard to the facts. The best example of this is the infamous story where some students were suspended for handing out candy canes with religious messages in a public school after being told not to. The right-wing Christian media were of course up in arms about this, and many couldn't resist swiping at the ACLU.

In an article still up at WorldNetDaily about the candy cane incident, Jerry Falwell (see bolded sentence below for delicious irony) implies that the ACLU would have sided against the students:

The fact is, students have the right to free speech in the form of verbal or written expression during non-instructional class time. And yes, students have just as much right to speak on religious topics as they do on secular topics – no matter what the ACLU might propagate.

The truth?

The American Civil Liberties Union of Massachusetts today asked a federal district court in Springfield to protect the First Amendment rights of high school students who were disciplined by school officials for distributing candy canes with religious messages just before Christmas.

Here are some recent examples of the ACLU's defending religious freedom from their site:

September 20, 2005: ACLU of New Jersey joins lawsuit supporting second-grader's right to sing "Awesome God" at a talent show.

August 4, 2005: ACLU helps free a New Mexico street preacher from prison.

May 25, 2005: ACLU sues Wisconsin prison on behalf of a Muslim woman who was forced to remove her headscarf in front of male guards and prisoners.

February 2005: ACLU of Pennsylvania successfully defends the right of an African American Evangelical church to occupy a church building purchased in a predominantly white parish.

December 22, 2004: ACLU of New Jersey successfully defends right of religious expression by jurors.

November 20, 2004: ACLU of Nevada supports free speech rights of evangelists to preach on the sidewalks of the strip in Las Vegas.

November 9, 2004: ACLU of Nevada defends a Mormon student who was suspended after wearing a T-shirt with a religious message to school.

August 11, 2004: ACLU of Nebraska defends church facing eviction by the city of Lincoln.

July 10, 2004: Indiana Civil Liberties Union defends the rights of a Baptist minister to preach his message on public streets.

June 9, 2004: ACLU of Nebraska files a lawsuit on behalf of a Muslim woman barred from a public pool because she refused to wear a swimsuit.

June 3, 2004: Under pressure from the ACLU of Virginia, officials agree not to prohibit baptisms on public property in Falmouth Waterside Park in Stafford County.

May 11, 2004: After ACLU of Michigan intervened on behalf of a Christian Valedictorian, a public high school agrees to stop censoring religious yearbook entries.

March 25, 2004: ACLU of Washington defends an Evangelical minister's right to preach on sidewalks.

February 21, 2003: ACLU of Massachusetts defends students punished for distributing candy canes with religious messages.

October 28, 2002: ACLU of Pennsylvania files discrimination lawsuit over denial of zoning permit for African American Baptist church.

July 11, 2002: ACLU supports right of Iowa students to distribute Christian literature at school.

April 17, 2002: In a victory for the Rev. Jerry Falwell and the ACLU of Virginia, a federal judge strikes down a provision of the Virginia Constitution that bans religious organizations from incorporating.

January 18, 2002: ACLU defends Christian church's right to run "anti-Santa" ads in Boston subways.

Yes, not only did the ACLU support Christian students' right to religious expression in public schools, they supported JERRY FALWELL.

Ed, over at Dispatches from the Culture Wars, a blog I recommend, points out that the ACLU has actually defended Falwell twice, as well as giving some other examples of the ACLU defending religion.

I almost always agree with the ACLU, whether they are defending religious people whose rights are unfairly restricted or when they're defending the separation of church and state. I urge you all to do some research on their actual cases before passing judgement on them.


Blogger Ezzie said...

I think the reason many people are so critical of the ACLU (including myself) is because of some of the bigger cases they take on. In those instances, people feel that they are far more about liberalism than civil liberties.

Obviously (and I've said this before) there are cases where they are on the right side, and the need for the ACLU is as strong as ever in general. People are critical when it seems as if the left has taken it over, and I think that this criticism is warranted; just as they are not wrong all the time, they are not right all the time.

I don't follow every case they take up. I'm guessing that I probably agree with them more often than not overall... but of the cases that make headlines, I've found the reverse to be true. Perhaps they take on certain cases to keep themselves at the forefront and get funding, perhaps it's because their involvement is controversial on occasion that they make headlines. I don't know. But if the ACLU wants more support from the right, it is these types of cases which they should try to highlight more often.

8/18/2006 12:29 PM  
Blogger Nephtuli said...

I have two major disagreements with the ACLU:

1) They take an extreme position on the liberty/security balance. It's hard for me to envision a case where they would support a suspension of civil liberties or even a narrow definition of free speech. They are absolutists, which is an ideology that cannot be sustained in the real world.

2) They pick and choose which rights to defend. They take the state's rights view of the 2nd Amendment as opposed to the individual rights view. Maybe I'm wrong but I've never seen them defend property rights nearly to the same extent they push separation of church and state.

I don't think the ACLU is an evil, religion-hating organization. I don't think they hate Christmas and want to see religion destroyed (although it's possible individual members or leaders do). But I disagree fundamentally with their ideology.

8/20/2006 5:29 PM  
Blogger Jewish Atheist said...


I agree with your complaint, but I'd point out it's true of all groups like that. The NRA, HRC, AIPAC, PIRG, etc. Basically any group which focuses on one issue ends up advocating for it even in extreme circumstances. I think it's similar to the justice system in that way, where a lawyer is appointed to zealously defend even the most heinous criminal. I think there's a place for groups pushing a single issue above all others.

However, I personally have not donated to the HRC (Human Rights Campaign) even though I agree with them because I'm much more willing to compromise on their issues than they are, e.g. to get universal health care. So I understand where you're coming from.

8/21/2006 9:55 AM  
Blogger Nephtuli said...

I agree with your complaint, but I'd point out it's true of all groups like that. The NRA, HRC, AIPAC, PIRG, etc. Basically any group which focuses on one issue ends up advocating for it even in extreme circumstances.

Yes but the ACLU claims to defend "civil liberties." The NRA and AIPAC do not pretend that they are protecting civil liberties in general. People perceive them as staunch defenders of civil rights and a bullmark against government intrusion. But that just isn't true.

I do however believe that the ACLU has a place in our system because extremeist groups tend to move the rest of the country towards middle.

8/21/2006 10:16 AM  
Blogger Jewish Atheist said...


I agree that their name (and claim) are misleading. But everybody pretty much knows which rights they go to bat for. NRA and AIPAC are perhaps better defined, but not otherwise better.

8/21/2006 11:48 AM  
Blogger Laura said...

This couldn't come at a better time. I just got some ridiculous email from my aunt about how the ACLU was trying to prevent Marines from praying for their fallen brothers at the Marine Corps anniversary ceremonies. Of course, it's false, but it feeds the image of the ACLU being godless heathens... I will have to send her this...

8/22/2006 7:25 AM  
Blogger Charlie Hall said...

The content of the post is nothing new; the ACLU has been doing things like this for along time. They also intervened in favor of a Church whose advertisements have been rejected by the transit system in Boston.

The ACLU is hated by a lot of religious activists because they accept the position of Jefferson and Madison regarding Separation of Church and State, and the position of Black regarding the 14th Amendment applying that position to state as well as federal governments. Such activists want to (1) use governmental authority to force the sequelae of their own theological positions on others, and (2) get money from the government. The ACLU position gets in the way of this; sometimes the ACLU wins and sometimes it does not. But it is not accurate to call them "anti-religion".

For example, the ACLU usually opposes public Chanukiahs in public parks. However, in San Francisco, they support it. The reason? That particular Chanukiah is in a park where it is possible for anyone to put up a public display. The ACLU objects to giving religious groups special privileges but defends the right of religious groups to do what is permitted for others.

8/22/2006 10:28 AM  
Blogger beepbeepitsme said...

Supoorting Jerry Falwel''s right to spew shit doesn't mean you agree with the spew or find the spew tasty.

It just means that you are respecting their right to freedom of speech. This has to apply to even people I vehemently disagree with - like Westboro Baptist Church or Ann Coulter.

Defending someone's right to speak is not the same as agreeing with what they say.

8/22/2006 11:12 PM  
Blogger Laura said...

beepbeepitsme said... "Defending someone's right to speak is not the same as agreeing with what they say."

A point often missed by the majority of people. In fact, it's those people with unpopular opinions who are the ones in need of protection. No one wants to stifle someone who simply agrees with the majority.

8/23/2006 12:40 PM  
Blogger Laura said...

This comment has been removed by a blog administrator.

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