new jersey football and god don't mix!

and yet another milestone in the fight for freedom from religion...

while the chicago tribune announced on 4/15/08 that Court says coach can't kneel, bow head as team prays (sorta a loaded title, huh?), NSBA legal clips gives us an unbiased summary:

N.J. district's policy against faculty joining student prayers upheld

The U.S. Court of Appeals for the Third Circuit (DE, NJ, PA, V.I.) has ruled that a New Jersey school district's policy prohibiting faculty participation in student-initiated prayer was not unconstitutional on its face or as applied to the high school football coach who challenged it. The court also ruled that the coach's silent acts of bowing his head or taking a knee during prayer violated the Establishment Clause because, when viewed in light of his 23 years of prayer activities with the team, they would appear to a reasonable observer to endorse religion. The decision reverses a federal district court's ruling that had struck down the policy and held that the coach's silent acts did not violate the Establishment Clause. Marcus Borden, head varsity football coach at East Brunswick High School, had traditionally participated in a team prayer before the pre-game meal and again before the team took the field. When some parents complained and threatened litigation, East Brunswick School District (EBSD) restated its school prayer policy and warned Mr. Borden that his participation, including standing and bowing his head and kneeling, would be considered insubordination and could lead to his discharge. Mr. Borden initially resigned as coach, but returned and agreed to abide by the policy while he brought a lawsuit. A U.S. district court ruled in his favor.

On appeal, the Third Circuit first rejected Mr. Borden's claim that the policy was unconstitutionally overbroad, finding that it merely prohibited expression that amounts to school sponsorship or endorsement of prayer and would violate the Establishment Clause. The court likewise rejected the contention that the word "participate" in the district's policy was unconstitutionally vague, finding that the policy sufficiently elaborates what constitutes participation. Turning to the as-applied challenges, the court noted that the free speech claim would be governed by the two-pronged test established for public employee speech in Connick v. Myers, 461 U.S. 138 (1983). Under the first prong of the test, the court found that the coach's silent acts of expression were not speech on a "matter of public concern" but were "personal to the [coach] and his team…." Because the speech was not protected, the court had no need to balance Mr. Borden's interest in the speech against his employer's interest in limiting it. Addressing the academic freedom claim, the court noted that by Mr. Borden's own admission his acts were pedagogical in nature, and the school district had the authority to deem his methods inappropriate. His freedom of association claim also was without merit, because that right only protects relationships involving a closeness "not present between a high school football coach and his team." As for the due process claim, the court found that because the policy was "not so vague that people of common intelligence must guess as to its meaning," he must demonstrate that it infringed on a fundamental right. However, "Borden has no interest—privacy, liberty, or otherwise—in behavior that violates the Establishment Clause."

Lastly, the Third Circuit concluded that "the school district has a legitimate educational interest in avoiding Establishment Clause violations," and that its policy was reasonably related to that interest. Applying the "reasonable observer" standard under the Establishment Clause's endorsement test, whereby the inquiry is "whether a reasonable observer familiar with the history and context of the display would perceive the display as a government endorsement of religion," the court determined that "[t]he history and context of Borden's prayer activities with the team, if challenged, could have been Establishment Clause violations." The coach's 23 years of leading the team in prayer "signals an unconstitutional endorsement of religion," and his involvement, as participant, organizer, and leader, would lead a reasonable observer to this conclusion. However, the court acknowledged, absent this history "if a football coach, who had never engaged in prayer with his team, were to bow his head and take a knee while his team engaged in a moment of reflection or prayer, we would likely reach a different conclusion because the same history and context of endorsing religion would not be present."

vive la france!

in honor of the SG's upcoming trip to france (and because malraux is one of my favorite french writers--check out the dashing, wind swept photo):

November 3, 2007

Andre Malraux

On this date in 1901, writer and freedom fighter Andre Malraux was born in Paris, France. Malraux studied Asian language at the Ecole des Langues Orientales. Not completing his studies, he traveled to Asia as a young man, becoming a noted critic of French colonial rule in Indochina. He cofounded the Young Annam League and founded the newspaper, Indochina in Chains. His first novel, The Temptation of the West, was published in 1926, followed by The Conquerors (1928), The Royal Way (1930), Man's Fate (1934), Days of Hope (1937), and The Walnut Trees of Altenburg (1943). After joining archaeological expeditions to Iran and Afghanistan in the 1930s, Malraux cofounded the International Association of Writers for the Defense of Culture. During the Spanish Civil War, Malraux flew on missions as a pilot for the Republicans, and was wounded twice. He also traveled to the United States to try to raise money for the Republican cause.

"Man defines himself by what he does, not by what he dreams," he wrote. A fictional account of his experiences, (L'Espoir) was published in 1937, and a movie followed in 1939. During WWII, Malraux joined the French Army, was captured in 1940 during the Western Offensive, escaped and joined the French Resistance. In 1944, he was captured by the Gestapo, and, following a mock execution, was rescued by the Resistance. He then joined the Free French and fought at Strasbourg and the takeover of Stuttgart. He was awarded the Medal of the Resistance, the Croix de Guerre, and the British Distinguished Service Order. Gen. Charles De Gaulle appointed Malraux his minister of information in 1945-1946. During the 1950s, Malraux wrote about aesthetics and art. He served as minister of cultural affairs in 1960-1967. His autobiography, Anti-Memoirs, was published in 1967. D. 1976.

“To the absurd myths of God and an immortal soul, the modern world in its radical impotence has only succeeded in opposing the ridiculous myths of science and progress.”
-- Andre Malraux, cited in Who's Who In Hell edited by Warren Allen Smith

Freethought of the Day is courtesy of the Freedom From Religion Foundation, PO Box 750, Madison WI 53701. The Freedom From Religion Foundation is a national association of freethinkers (atheists and agnostics) working to keep church and state separate since 1978. For more information, go to http://www.ffrf.org.

Margaret Sanger & The Girls Who Went Away

i'm reading ann fessler's the girls who went away. her book documents the stories of hundreds of thousands of unwed women who were forced to "give up" their babies in the years before roe v. wade. it's devastating to read & each personal story reveals the long term damaging effects on both mothers and children. so today, a tribute to margaret sanger seems most fitting.

"On this date in 1879, Margaret Sanger (nee Higgins), was born. Watching her mother die at age 48 of tuberculosis after bearing 11 children changed not only the course of Margaret's life, but world history. As a young child, Margaret was introduced to the power of the Catholic Church when the local priest locked the doors of the town hall to prevent agnostic Robert Ingersoll from speaking in Corning, N.Y. Margaret wrote in her autobiography of the spellbinding experience of hearing Ingersoll speak in the woods instead. She herself would later personally repeatedly experience being locked out of public halls, even countries, under Catholic pressure. Her experience doing obstetrical nursing of the poor in New York City as a young mother herself galvanized her conviction that women had the right to control fertility. Sanger's turning point was witnessing the death of patient Sadie Sachs from a second illegal abortion. When the 28-year-old mother had pleaded with her doctor for birth control, he had responded: "Tell Jake to sleep on the roof." Sanger researched contraception (coining the term birth control), while editing a monthly newspaper, The Woman Rebel (1914). Its purpose: to challenge the 1873 Comstock Act classifying contraception as "indecent articles" and preventing dissemination of contraceptive information. Facing 45 years in prison when indicted under the Act, Sanger fled the country, leaving behind a book, "Family Limitation." It sold 10 million copies while Sanger continued research in England and the Netherlands. When she returned to the United States, she was rearrested. Then her young daughter, Peggy, died of pneumonia in November 1915. Devastated, Sanger went on a headline-making speaking tour to challenge the charges, which were dropped in 1916. She opened the first birth control clinic that year, which was raided, and spent the next two decades educating physicians about birth control and overseeing the creation of birth control clinics around America. In 1934, she brought the lawsuit that finally overturned much of the repressive Comstock Act. Over her lifetime, she was jailed eight times, brought diaphragms to the United States and distributed them, helped develop contraceptive jelly, founded Planned Parenthood, and commissioned the creation of the birth control pill. Doing more to free women than any other individual, she was hailed as the "heroine" of history by H.G. Wells and named "Woman of the Century" by a U.S. magazine in 1966, the year of her death."

“No Gods -- No Masters”
-- Motto of Margaret Sanger's newspaper, The Woman Rebel. For more about Sanger and her views on religion, see Women Without Superstition.

To check out other Freethought of the Day entries, including by name and by topic, scroll down to the calendar and other links at http://ffrf.org/day