2006 Archives II - July-December - Thomas More Law Center

Thomas More Law Center Submits Brief Supporting The Public Display Of A Bible
Thu, Dec 21, 2006

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has submitted a friend of the court brief to the fifteen-judge panel of the United States Court of Appeals for the Fifth Circuit that will be considering the case involving a fifty-year-old display of a Bible on government property.

The Bible is part of a memorial to William Mosher, a prominent businessman and philanthropist in Houston, Texas, who had been a longtime supporter of the Star of Hope Mission, a Christian charity in Houston that has cared for the homeless since the early 1900s. In 1956, as a memorial to Mosher, the Star of Hope Mission erected a four-foot high monument topped by a glass case that includes an open Bible. The Mission included the Bible in the display to convey that Mosher was a Christian and a “Godly man” who had helped others.

The Mission’s display caused no controversy until 2003, when Kay Staley a local attorney sued Harris County, Texas, over the display by claiming the display of the Bible violated the Establishment Clause to the United States Constitution. The federal trial judge agreed with Staley, as did a three-judge panel of the Fifth Circuit.
The full court of the Fifth Circuit, however, in an unusual move, decided to review the case.

According to Richard Thompson, President and Chief Counsel of the Thomas More Law Center, “We are pleased all the active judges of the Fifth Circuit agreed to hear this case. Their decision to review this case is a positive sign that a number of the active judges do not agree that the display of the Bible violates the Constitution.”
The Thomas More Law Center had previously filed a friend of the court brief with the three-judge panel of the Fifth Circuit and has now filed a modified version of its brief for all fifteen active judges to consider when they decide this case.

Edward L. White III, trial counsel with the Law Center, who prepared the brief, stated, “The memorial to William Mosher is the private speech of the Star of Hope Mission, a private organization. Private religious speech on public property is protected by the First Amendment. The Star of Hope Mission’s monument should be protected by the courts and should not be forced to be removed from the place where it has stood for five decades.”

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Federal Judge Says San Francisco’s Anti-Catholic Resolution is Constitutional: Thomas More Law Center Appeals
Wed, Dec 13, 2006

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, is appealing a federal judge’s recent approval of a virulently anti-Catholic resolution passed by the San Francisco Board of Supervisors. District Judge Marilyn Hall Patel, a Carter appointee and one time counsel for the National Organization for Women (NOW), ruled that the Board resolution condemning Catholic moral teaching on homosexuality and urging the Archbishop of San Francisco and Catholic Charities of San Francisco to defy Church directives does not violate the Establishment Clause of the U.S. Constitution.

The resolution, adopted March 21, 2006, alludes to the Vatican as a “foreign country” meddling in the affairs of the City and describes the Church’s moral teaching and beliefs as “insulting to all San Franciscans,” “hateful,” “insulting and callous,” “defamatory,” “absolutely unacceptable,” “insensitive and ignorant.” The resolution calls on the local Archbishop to “defy” the Church’s teachings and describes Cardinal William Joseph Levada, the head of the Congregation for the Doctrine of the Faith, which is responsible for safeguarding the doctrine on the faith and morals of the Church throughout the Catholic world, as “unqualified” to lead.

Robert Muise, the Law Center attorney handling this matter, commented, “Our constitution plainly forbids hostility toward any religion, including the Catholic faith. In total disregard for the Constitution, homosexual activists in positions of authority in San Francisco have abused their authority as government officials and misused the instruments of government to attack the Catholic Church. Their egregious abuse of power now has the backing of a federal judge. This battle, however, is far from over. We are appealing this offensive ruling.”

The Law Center filed the lawsuit on behalf of the Catholic League for Religious and Civil Rights and two Catholic residents of San Francisco. The U.S. Court of Appeals for the Ninth Circuit will hear the appeal.

Richard Thompson, President and Chief Counsel for the Law Center, observed, “This judge totally ignored or attempted to rationalize the evocative rhetoric and venom of the resolution which are sad reminders of Catholic baiting by the Ku Klux Klan.”

Continued Thompson, “Federal judges across the country are removing passive religious symbols, such as the crèche and the display of the Ten Commandments, from the public square because these innocent symbols supposedly express an official government endorsement of religion in violation of the Establishment Clause. However, when San Francisco passes an overtly, anti-Catholic resolution expressly attacking Church moral teaching and calling on Church leaders to defy Church teaching as a matter of official government policy, a federal judge gives these anti-Catholic bigots a free pass. Unfortunately, this case amply demonstrates the anti-religious bias that pervades our judicial system.”

Catholic doctrine proclaims that allowing children to be adopted by homosexuals would actually mean doing violence to these children, in the sense that their condition of dependency would be used to place them in an environment that is not conducive to their full human development. According to Church authority, such policies are gravely immoral and Catholic organizations must not place children for adoption in homosexual households. Accordingly, the Congregation for the Doctrine of the Faith has directed Catholic organizations to adhere to the Church’s moral teaching.

The Law Center’s lawsuit claimed that the City’s anti-Catholic resolution violated the First Amendment, which “forbids an official purpose to disapprove of a particular religion, religious beliefs, or of religion in general.” The Law Center argued that the “anti-Catholic resolution sends a clear message to Plaintiffs and others who are faithful adherents to the Catholic faith that they are outsiders, not full members of the political community and an accompanying message that those who oppose Catholic religious beliefs, particularly with regard to homosexual unions and adoptions by homosexual partners, are insiders, favored members of the political community.”

In her decision upholding the resolution against the Law Center’s constitutional challenge, the federal judge defended the City by essentially claiming that the Church invited the attack by publicly expressing its teaching on moral issues. In her written opinion, the judge stated, “The Congregation for the Doctrine of the Faith provoked this debate, indeed may have invited entanglement, by its [doctrinal] statement. This court does not find that our case law requires political bodies to remain silent in the face of this provocation.”

Thomas More Law Center’s Christmas Campaign Brings Another Nativity Victory in Beaver, Pennsylvania
Tue, Dec 5, 2006

ANN ARBOR, MI – Even though Michael and Deborah Sturm, with the assistance of the Thomas More Law Center, were allowed to display a Nativity scene last Christmas in a public park in the Borough of Beaver, Pennsylvania, this year their Nativity display request was in trouble as a new Borough Council Board tabled the approval of their request. The Thomas More Law Center, a national public interest law firm in Ann Arbor, Michigan, assisted by Pittsburgh, Pennsylvania, attorney Noah Fardo of Flaherty, Fardo & Cook, again sprung into action.

Law Center trial counsel Edward L. White III sent letters to the Borough explaining that the Sturms had a constitutional free speech right to display their Nativity scene in the public park in which the Council had permitted others to exercise their free speech rights. As a result, the Council held a special meeting on November 21st and granted the request by the Sturms to erect a private Nativity scene in Irvine Park, a public park in the downtown section of the Borough.

After receiving the news that their request had been approved, Michael and Deborah Strum both commented that they were glad the Borough had done the right thing in allowing their Nativity display.

The Sturms will be displaying their Nativity scene in Irvine Park from December 16 through 31, 2006.

Beaver, Pennsylvania, is the latest success in the Thomas More Law Center’s Christmas Campaign to bring back Christmas to the public square. The Law Center has asked its supporters to go on the offensive — where government has allowed a religious display of another faith, ask that a Nativity display be erected on the same property as well; where there is a public forum for the exercise of free speech ask for permission to erect a Nativity display.

More than two-dozen files have been opened for possible litigation across the country and more requests for help are coming in each day. The Law Center has asked its several hundred affiliated attorneys across the nation to assist in this year’s Christmas Campaign.

Said Richard Thompson, President and Chief Counsel of the Law Center, “It’s a national tragedy that despite the fact over 85 percent of Americans are Christians, the ACLU has bullied elected representatives and school officials to eradicate the public celebration of Christmas under threat of lawsuits. Municipalities and schools should be aware that the systematic exclusion of Christmas symbols during the holiday season is not warranted, and such exclusion itself could be inconsistent with the Constitution, and subject them to a possible lawsuit.”

Next week, the United States Supreme Court is expected to announce whether it will grant review in another Thomas More Law Center Christmas case, Andrea Skoros v. City of New York. In that case, a sharply divided Second Circuit Court of Appeals’ panel upheld the right of the New York City schools to discriminate against Christian symbols while specifically allowing the Jewish and Islamic symbols. The New York City school policy allowed the display of Menorahs during the Jewish holiday of Chanukah, and the Star and Crescent during the Muslim holiday of Ramadan, but specifically excluded Nativity displays.

Mount Soledad Cross Victory in State Court
Thu, Nov 30, 2006

ANN ARBOR, MI – Today, the Fourth District Court of Appeals in California upheld the constitutionality of Proposition A—the hugely successful referendary petition drive that transfers the Mount Soledad memorial property, including the cross, to the federal government for use as a veterans memorial. The Thomas More Law Center represented San Diegans for the Mt. Soledad National War Memorial in this appeal. “San Diegans” is the organization that was responsible for the passage of Proposition A. As a result, the court allowed it to participate in the case as an aggrieved party.

In a special election held in July 2005, Proposition A passed by an overwhelming 76% of the vote. However, a state superior court judge issued an order halting Proposition A, claiming that this transfer was unconstitutional. The state court challenge was brought on behalf of Philip Paulson, the self-proclaimed atheist who was also seeking to have the cross removed from the public land.

In a lengthy opinion, the court of appeals reversed the superior court judge and held that the transfer of the memorial was in fact constitutional.

Charles LiMandri, the West Coast Regional Director for the Law Center, commented, “We are quite pleased with the court’s decision. It protects the will of the people and their desire to preserve a historical, veterans memorial for future generations.”

Thomas More Law Center’s Christmas Campaign Pays off in Bedford, New York
Wed, Nov 22, 2006

ANN ARBOR, MI – For the past three years, the Town of Bedford, New York has permitted a local Jewish group to erect a large Menorah on the town hall lawn to celebrate Chanukah, which included the traditional lighting ceremonies. For the past two years, the town has denied resident Thomas Kiley’s request to display a Nativity on the same property.

Last night, however, the Town Board approved Kiley’s request, after the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, intervened on his behalf. New York attorney, Christopher Ferrara of the American Catholic Lawyers Association, assisted the Law Center.

After finally receiving approval, a joyous Thomas Kiley commented, “My Nativity display is in honor of my family which has been in this area for five generations and to honor all our Christian friends. We wish everyone a Merry Christmas.”

Earlier this month, Thomas More Law Center trial counsel, Edward L. White III sent the Town Board a letter on Kiley’s behalf asking that his Nativity request be placed on the November 21st agenda. White argued that Kiley had a constitutional right to display his private Nativity on the lawn where the town has allowed the display of a private Menorah during the past three years. At last night’s Board meeting, Christopher Ferrara echoed these legal principles. The Town Board voted to approve Kiley’s request to display the Nativity and hold a celebratory gathering on the property.

Bedford is the latest success in the Thomas More Law Center’s Christmas Campaign to bring back Christmas to the public square. The Law Center has asked its supporters to go on the offensive — where government has allowed a religious display of another faith, ask that a Nativity display be erected on the same property as well; where there is a public forum for the exercise of free speech ask for permission to erect a Nativity display.

Said Richard Thompson, President and Chief Counsel of the Law Center, “It’s a national tragedy that despite the fact over 80 percent of Americans are Christians, the ACLU has bullied elected representatives and school officials to eradicate the public celebration of Christmas under threat of lawsuits. Municipalities and schools should be aware that the systematic exclusion of Christmas symbols during the holiday season is not warranted, and such exclusion itself could be inconsistent with the Constitution, and subject them to a possible lawsuit.”

Berkley, Michigan City Council Caves In To ACLU Threat And Removes Decades-Old Nativity Display
Tue, Nov 21, 2006

ANN ARBOR, MI – The Berkley, Michigan City Council last night voted 6-to-1 to no longer display a Nativity scene on city property. The City caved in to an ACLU threat of a lawsuit if they continued their decades-old Nativity display. Some residents claim that the Nativity display had been on city property for more than 60 years.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “The City Council crushed the crèche. Despite all of its rationalizing last night, the council did a disservice to its residents by allowing itself to be intimidated by the ACLU. The plain facts are that the city received a threat from the ACLU and in response to that threat removed this universal symbol of Christmas. No amount of explanation will excuse their cowardice. It makes me wonder what they’re going to do with the church steeple on their City logo. Shame on them.”

Last month, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, sent a letter to Berkley’s city officials offering to defend the City at no charge should the ACLU file its lawsuit. The Law Center encouraged the City to keep the Nativity scene as part of its annual holiday display – especially since the Nativity scene could legally be displayed on city property. On November 9, 2006, trial counsel for the Thomas More Law Center, Edward L. White III, attended a meeting of the City’s “Ad Hoc Holiday Display Committee” and again conveyed the same message.
White spoke at last night’s council meeting, and again urged them to maintain the Nativity scene as part of the City’s annual display. White pointed out that the neighboring city of Clawson’s Nativity display had been challenged in court and the Sixth Circuit Court of Appeals, which governs Michigan, had ruled that the Nativity could be displayed legally on city property.

Although citizens were permitted to speak, it was obvious that the Council Members had made up their minds beforehand, since most read from prepared written statements when explaining their votes.

Thomas More Law Center Submits Brief To Preserve our National Motto
Tue, Nov 21, 2006

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has submitted a friend of the court brief in the Ninth Circuit Court of Appeals supporting the preservation of our National Motto, “In God We Trust.” The brief was submitted in a case brought by atheist Michael Newdow against the United States Congress to have the Motto declared unconstitutional. Newdow is appealing a lower court’s dismissal of his case.

According to Richard Thompson, President and Chief Counsel of the Thomas More Law Center, “This case has great significance in the ongoing battle by the ACLU and its allies who aim to remove every vestige of Christianity from the public square. I am sure Newdow has high hopes of overturning the lower court decision since he will be in the most liberal federal appeals court in the land. If he loses there, however, he no doubt will take his case to the United States Supreme Court.”

Newdow’s numerous lawsuits challenging the public acknowledgment of God have attracted considerable attention in recent years. Newdow successfully convinced the same Ninth Circuit a few years ago to declare the Pledge of Allegiance unconstitutional because it includes the words “under God.” The United States Supreme Court tossed out Newdow’s victory in the Pledge case, but only on a technicality.

In its brief, the Law Center explained that the National Motto provides an ongoing acknowledgment of our unifying religious heritage, and is completely compatible with the United States Constitution.

Edward L. White III, trial counsel with the Thomas More Law Center, who authored the brief, explained: “The phrase “In God We Trust” does not establish a religion. Instead, the phrase publicly acknowledges our nation’s rich religious heritage, which is something we should foster.”

Palm Beach Gardens, Florida, Approves Nativity Displays
Mon, Nov 20, 2006

ANN ARBOR, MI – In past years, the Florida city of Palm Beach Gardens’ annual holiday display included a Jewish menorah, but not a Christian Nativity scene. This year, however, resident Elizabeth Sither, with the assistance of the Thomas More Law Center, obtained the City’s approval to display a Nativity on public property in front of the City’s Recreation Center. Mrs. Sither was also allowed to donate a second Nativity that would be part of the City’s indoor annual holiday display.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “I applaud Mrs. Sither’s willingness to publicly proclaim and demonstrate that the reason for Christmas is the birth of Jesus, which the Nativity scene reflects. I also appreciate the City Council’s quick action to approve her request.”

The Thomas More Law Center is a national public interest law firm based in Ann Arbor, Michigan. This year it has embarked on an aggressive campaign not only to defend from legal attack Nativity displays already approved by municipalities, but also to defend the right of citizens to erect Nativity displays where none had existed before. The Law Center has called upon its several hundred affiliated attorneys located across the nation to assist in this effort.

On November 15, 2006, Mrs. Sither along with Law Center trial counsel Edward L. White III, and a Law Center affiliated attorney, Florida attorney Dina Cellini, met with the Palm Beach Gardens City Attorney and the City Manager. As a result of the meeting, the city officials agreed to propose to the City Council that Mrs. Sither be permitted to erect a Nativity scene in a newly created outdoor free speech zone and that the City accept a donated Nativity from Mrs. Sither that the City would add to its indoor holiday display of the menorah (as well as other secular holiday items).

The following day, November 16, 2006, the City Council approved the proposal. In attendance were Mrs. Sither, Ms. Cellini, and Thomas Rooney, another Florida attorney affiliated with the Thomas More Law Center.

Another Florida City Poised to Allow Nativity Display On Public Property At Law Center’s Request
Thu, Nov 16, 2006

ANN ARBOR, MI — Continuing its pro-active efforts to increase the number of Nativity displays to celebrate the religious significance of Christmas, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan has obtained an agreement by representatives of the Palm Beach Gardens, Florida, City Council. The City representatives have agreed to make a recommendation to the City Council to allow resident Elizabeth Sither, to display a Nativity scene on public property. They have also agreed to allow a donated nativity scene to be displayed alongside the menorah display that the City itself has been displaying in the past in City Hall. The City Council meets this evening to formalize this agreement. Representatives from the Law Center, Dina V. Cellini and Thomas J. Rooney will be present.

The agreement was reached yesterday in a meeting attended by the Palm Beach Gardens city attorney, the city manager and Law Center attorneys Edward L. White, III and Dina V. Cellini who are representing Elizabeth Sither. Last year, the City of Palm Beach Gardens only displayed a menorah to celebrate the Jewish holiday of Chanukah.
This year the Law Center has asked thousands of supporters to go on the offensive—where there has been no nativity display before, ask the government for permission to erect one; where the government has allowed a religious display of another faith, ask that a nativity display be erected on the same property as well; where there is a public forum for the exercise of free speech, ask for permission to erect a nativity display.

North Miami Grants Permission To Erect Nativity Scene On Public Plaza
Wed, Nov 15, 2006

ANN ARBOR, MI – For a second year in a row, the Museum of Contemporary Art (MOCA) in North Miami, Florida, has granted permission for a private nativity scene to be erected on the public plaza in front of the Museum. In past years, the public plaza only displayed a menorah during the Jewish holiday of Chanukah. Last year, however, Michael and Marilyn Thomas, with the assistance of the Thomas More Law Center, obtained permission to display a nativity scene on the plaza – the first time in recent memory that a nativity had been displayed on the plaza.

This year, the Thomas family was again represented by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. Dina Cellini, a Florida attorney affiliated with the Law Center also assisted this representation. Thomas More Law Center trial counsel, Edward L. White III, sent a letter to the City of North Miami requesting permission for the nativity display. Within a matter of days, the City granted the request and is permitting the Thomas family to display their nativity scene on the plaza from December 1, 2006, through January 7, 2007.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “I applaud the City of North Miami for allowing its Christian citizens to express their religious faith during the Christmas holiday as a reminder that the purpose of the state and national holiday is to recognize the birth of Jesus Christ. Too often, municipalities are intimidated by ACLU threats of lawsuits – specifically targeting nativity displays.”

The request made on behalf of the Thomas family is part of the Thomas More Law Center’s annual Christmas Campaign. The Law Center is currently involved in other Florida cases involving nativity displays. Additionally, several files involving other states have been opened for possible litigation. All of this is part of the Law Center’s aggressive strategy of a retaking the public square from the ACLU, which has for too long dominated municipal policies through intimidation across the country – causing the removal of traditional Christian symbols like the nativity scene.

The Law Center has advised its supporters across the nation to take a more pro-active stand this Christmas:

Where there has been no nativity display before, ask the local government for permission to erect one.
Where the government has allowed a religious display of another faith, ask that a nativity display b

2006 Archives II – July-December

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