ACLU Nebraska Legal Program - Religious Liberty
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Religious materials can't be distributed on school grounds!
We get complaints about private people coming onto school
property and distributing religious materials to public school
students every year, yet this is just simply illegal. In the
fall of 2006 we had three different school districts with problems.
In Shelton, a minister came to school and handed out flyers for his
church, urging children to come to their after school programs where
they would learn about Jesus. In Holdrege, youth ministers
from a local church came into the school during lunch hours to urge
students to attend their religious services. In Grand Island,
students were met with adults distributing Gideon Bibles at the
front door of their school. The First Amendment says students
can have their own student-initiated religious groups, but the
school cannot allow outsiders or adults to proselytize on school
grounds during school hours.
Public housing employees may not force their religious beliefs
on the residents. In the summer of 2007, ACLU received a
complaint that employees at the Bridgeport public housing unit
engaged in proselytizing to the elderly and low income people living
there. They attempted to lead residents in prayer and even
made disapproving comments about "non Christian" decorations in one
resident's apartment. After ACLU intervention, the Housing
Authority apologized and agreed to retrain employees about
appropriate conduct.
Cities can't limit distribution of religious materials
outside of school. We received a complaint from
several Jehovah's Witnesses who were ordered to either register with
the city of Wisner or face arrest while they were going door-to-door
with leaflets. While the city registration requirement is
legal for commercial activities, the US Supreme Court has
said such registration laws violate a person's right to practice
their religion. After contacting the city, Wisner agreed to
stop enforcing the law against religious or political leafletters.
Can a church be forced to close due to zoning laws? ACLU Nebraska and the First Amendment right to
exercise religion say no, but the city officials of Lincoln took
over a year to make up their mind. In 2003,
the city gave a small Presbyterian church notice that they must move or run the risk of criminal penalties
and fines--because the church is located in a zone for "industrial" uses. No one has complained about the
church, which is renting a building while they work to raise money to build their own church someday.
Despite the fact that no one was being harmed, the city continued to
threaten the church with
eviction. ACLU Nebraska represented the church in administrative proceedings to determine
whether the city would change its law--or whether a lawsuit would be necessary to resolve the church's fate.
In August, 2004, we were victorious: the City Council voted to amend
local laws to allow any church to locate in an industrial zone. Top
Parents have the right to make religious decisions for their
children. In a case filed in federal court December, 2004,
ACLU Nebraska argues the state doesn't have the right to order
parents to subject their children to medical screening unless there
is a clear and present need. State law requires all newborns
to be tested within 3 days of birth for rare metabolic disorders.
Almost every other state allows a waiver of these tests, because the
diseases are so rare. Nebraska even allows a delay for the
testing, if the infant is not born in a hospital. Yet the
state refused to grant a delay for Louise and Ray Spiering, whose
religious beliefs would not
allow them to have the test during the first week of their child's
life. A federal judge ordered the state to grant the delay
after an emergency hearing was held just days before the child's
birth. However, the judge also refused to strike down the
state law for other families after further consideration. The
case is now closed. Top
Can a city prefer one religion's beliefs over another? Federal courts
initially said no in a challenge to a public
monument depicting the Ten Commandments. John Doe is a resident of Plattsmouth, Nebraska. Due to concerns
for his safety, the federal courts gave him permission to use a pseudonym. Since the 1960’s, the
city has maintained a granite monument depicting one version of the Ten Commandments in the largest city
park. John Doe is an Atheist with a sincere opposition to the monument’s presence as a violation of the
First Amendment. In May 2001, we filed suit against the City of Plattsmouth after months of negotiation
failed to convince the city to abide by the Constitution. In January 2002, the United States District
Court for Nebraska ruled in our favor, finding that the case did not even need to proceed to trial because
the constitutional violation and legal issues were so clear. On appeal, a panel of the Eighth Circuit
agreed, holding the monument clearly established a preference for one version of religious beliefs to the
exclusion of all others. However, on appeal en banc appeal to the Eighth Circuit,
the Court finally ruled the Ten Commandments was merely a passive
display recognizing the role religion played in society and thus not
an endorsement of religion. ACLU Nebraska has decided not to make
any further appeals and closed our file. Top
Every church deserves equal treatment. The Nebraska Liquor Commission held that the House of
Faith, a small Christian church in north Omaha, did not count as a church. A nearby convenience store had
applied for a liquor permit, but state law does not allow liquor to be sold near churches. The Liquor
Commission got around this by finding the small church wasn't really a church! They based their decision
in part because the church was in a rented building, despite the fact they'd been holding religious
services and Bible study weekly for many years. The City of Omaha challenged the Liquor Commission's
holding and took the case to the Nebraska Supreme Court. ACLU Nebraska filed a friend of the court brief,
arguing that the government's definition of church was too narrow and excluded poorer, smaller churches.
In 2002, the court agreed, holding that the House of Faith was in fact a church and deserved the same
treatment as other, larger churches. Top
Graduation is a historic moment for every student. One student’s graduation from Norfolk High School
was ruined in 2000 when the school officials announced their plans to include a religious invocation at the
ceremony. The student—known as John Doe to protect his safety—contacted the ACLU. The school removed the
official invocation from the program at the last minute after we complained, but only after announcing the
change was made because someone complained to the ACLU. The crowd booed and hissed, making John Doe and
his family fearful for their safety. The school then allowed an unscheduled speech by a school board
member who recited the Lord’s Prayer. ACLU Nebraska filed suit to ensure that the First Amendment’s clear
prohibition against such public endorsements of religion will be respected by all schools across the state
in the future. In 2003, the case was dismissed because the court held the praying school board was acting
as a private individual and not as a representative of the school. Though the court battle was lost, the
ultimate victory was won: Norfolk High School (and several other high schools we've worked with since the
lawsuit) have not allowed officially-sponsored prayer at the graduations since our lawsuit drew attention
to the issue. Top
