Monthly Newsletter — March 2009 E-Update

Mar 12, 2009

Becket Fund Argues Roadside Memorials Case in Tenth Circuit

Luke Goodrich, Legal Counsel

Monday, March 9, 2009, the Tenth Circuit federal appeals court in Denver heard arguments in American Atheists v. Duncan, a challenge by American Atheists against roadside cross memorials for fallen Utah Highway Troopers. Luke Goodrich, legal counsel for the Becket Fund for Religious Liberty, argued that in this instance, crosses were private speech and the American Atheists were attempting to use government power to silence the grieving families. "This case is not about religion; it is about expression," said Goodrich.

The court also expressed interest in how this case tests the boundaries of the Supreme Court's recent decision in Pleasant Grove City v. Summum. Summum set the standard for deciding when permanent monuments are government speech, and when they are private speech. Two of the three judges in the original Summum panel are hearing this appeal, and the lawyer for Summum is also the lawyer for American Atheists.

The Utah Highway Patrol Association-a private, secular organization representing state troopers and their families-initiated, funded, and constructed memorial crosses for fallen Utah state troopers. The crosses stand on public highway roadsides near where each of the troopers died in the line of duty. These privately-owned memorials are being challenged by the group American Atheists, who wanted to censor the Patrol Association's memorials and force the Patrol Association to use only secular symbols. The circuit court ruled in Utah's favor but the American Atheists appealed to the Tenth Circuit. The Becket Fund filed an amicus brief on behalf of Colorado, New Mexico, Kansas and Oklahoma. Goodrich argued as a designated Special Assistant Attorney General for Colorado.

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Graham Speaks With Council on Foreign Relations Regarding "Defamation of Religions"

L. Bennett Graham, International Programs Officer

Tuesday, March 10, 2009, L. Bennett Graham, International Programs Officer for the Becket Fund for Religious Liberty, appeared on a podcast from the Council on Foreign Relations. Toni Johnson of the Council on Foreign Relations interviewed Graham on the implications of the "defamation of religions" resolution which passed in the United Nations General Assembly late last year. The podcast is available here.

Graham is currently attending the 10th session of the United Nations Human Rights Council where "defamation of religions" resolutions have passed every year since 1999. Graham has also helped organize the Geneva Summit for Democracy, Tolerance, and Human Rights, a one day conference to explore ways to combat racism and genocide. The summit will take place on the 60th anniversary of the Universal Declaration of Human Rights, as well as on the eve of the United Nations Durban Review Conference. At the summit, the Becket Fund hopes to bring attention to the many problems of "defamation of religions" resolutions. See our issues brief here (pdf).

Supreme Court Supports Religious Liberty in Negusie v. Holder Decision

Tuesday, March 3, the Supreme Court ruled in Negusie v. Holder that victims of persecution who are forced to serve their persecuters may be entitled to asylum.

"The ugly reality of religious persecution is that sometimes victims are forced to serve the very people who persecute them," said Eric Rassbach, National Litigation Director of the Becket Fund for Religious Liberty. "We're happy the Supreme Court opened the door for victims of religious persecution like Negusie to get asylum. We hope the Board of Immigration Appeals will consider this reality when it hears the case again."

The Becket Fund filed an amicus brief in the case arguing that victims of religious persecution are often forced to serve their persecutors as a method of punishment and control. Negusie is an Eritrean Christian who was imprisoned for several years, then forced to act as a prison guard. As a guard, Negusie disobeyed orders and was punished for trying to help ease the suffering of other prisoners.

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Becket Fund: Supreme Court Gets Summum Right

Eric Rassbach,
National Litigation
Director

Wednesday, February 25, the Supreme Court decided in Pleasant Grove City v. Summum that placing a permanent monument in a public park generally constitutes a form of government speech and therefore does not trigger First Amendment concerns. However, the Court also recognized an important exception for invited "private messages" installed on permanent public monuments, an argument the Becket Fund for Religious Liberty made to the Court in an amicus brief.

"We are pleased that the Supreme Court agreed with our amicus brief that governments can accept some monuments in public parks and reject others," said Eric Rassbach, National Litigation Director of the Becket Fund for Religious Liberty. "What governments can't do is invite private citizens to speak on government property and then kick them out when they say something the government doesn't like."

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Becket Fund Defends Arkansas Atheists

Arkansas atheists have the same rights as religious believers, to hold office and testify in court and state laws to the contrary should be stricken from the books, said lawyers at the Becket Fund for Religious Liberty, in a letter to the Arkansas legislature Feb. 17, 2009.

"While it is unlikely that these laws will ever be enforced, removing them is more than symbolic. It signals to U.S. citizens and to the rest of the world, that the freedom and sanctity of conscience - including the right to believe there is no God at all - is a fundamental right for all people," said Eric Rassbach, national litigation director at the Becket Fund for Religious Liberty.

The Becket Fund letter notes that laws in Saudi Arabia and Iran prevent their citizens, who profess minority faiths such as Christianity, from full participation in civic life by means of anti-blasphemy laws. By deleting its own anti-atheism provision, the letter argues, Arkansas can set an example for these countries to change their laws.

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Walter vs. Lynn: Faith-Based Hiring for Faith-Based Organizations

Interfaith Voices, a public radio show which airs nationally on many stations, recently featured Scott Walter, Executive Director of the Becket Fund, in a debate with Rev. Barry Lynn, Executive Director of Americans United for Separation of Church and State.

Click here to listen to the Becket Fund's podcast of the debate.

DC Examiner Profiles Becket Fund Director

'Religious liberty group's director discusses faith, freedom'
By Leah Fabel
Published Feb. 22 2009

Scott Walter, Becket Fund Executive Director

The promise of religious liberty helped build America's foundation, but what exactly it looks like in practice has long been cause for debate. Scott Walter, executive director of the Becket Fund for Religious Liberty, engages in that discussion every day through his organization's effort to "protect the free expression of all religious traditions." Prior to his role at the Becket Fund, the 45-year-old Walter served as a special assistant to President George W. Bush, helping to craft policies on immigration, faith-based initiatives and volunteerism. He shared with us by e-mail the ideas that inspire him.

Click here to read the full piece.