American Atheists, Inc. P O Box 140195 Austin, Texas 78714-0195 (512) 458-1244 http://www.atheists.org PRESS RELEASE For immediate release: January 22, 1997 ATHEISTS ASK CLINTON TO REVERSE CALL FOR GOVERNMENT AID TO RELIGIOUS SCHOOLS American Atheists today called upon the Clinton administration to withdraw its brief to the U.S. Supreme Court which calls for ending prohibitions concerning government aid to parochial and other religious schools. Ellen Johnson, President of the organization, noted that the federal government has file an amicus ("friend of the court") brief in support of a rehearing of AGUILAR v. FELTON, a 1985 case where the high court ruled against government aid to religious and private schools in the form of teachers for remedial programs as provided in the U.S. Elementary and Secondary Education Act. At the time, Justice William J. Brennan Jr., who wrote the majority opinion, noted that while the Act was "well intentioned," it violated the First Amendment in that government may not "promote or hinder" religion. Last week, the U.S. Solicitor General filed an amicus brief in support of a rehearing of Aguilar, and the Supreme Court has agreed to hear the case. "A reversal on Aguilar threatens to unleash a wave of legislation and other schemes which would transform government into the paymaster for religious school systems across the country," said Ms. Johnson. "Under the guise of 'remedial education,' this would compel taxpayers to support religious education with their wallets - at a time when our public schools are strapped for cash and other resources." Ms. Johnson also noted that if Aguilar is reversed, it would be "a major setback ot state-church separation." In a letter to Mr. Clinton, Ms. Johnson called upon the President to remember his "commitment to defend the Constitution of the United State." "That includes the First Amendment," Ms. Johnson noted, "which prohibits the government from estblishing religion and religious exercise. It also means that no person should be compelled to support or subsidize religion. Overturning Aguilar v. Felton would mean that federal, state and local governments could use tax money to support religious schools- and directly or indirectly, religious indoctrination. That's ethically wrong, and unconstitutional as well." Following is the text of Ms. Johnson's letter. For further information please contact: Ms. Ellen Johnson, President (201) 334-4033 email: ej@atheists.org * * * Jan. 22, 1997 American Atheists, Inc. P O Box 140195 Austin, Texas 78714-0195 (512) 458-1244 Dear Mr. President: Congratulations on your inauguration to a second term as President. We applaud your enthusiasm and commitment to defend the Constitution of the United States, as provided in your official oath of office. But as President of an organization which labors for the rights of Atheists and other nonbelievers, and on behalf of the constitutional princpile of state- church separation, I am distressed by your administration's support of a rehearing by the U.S. Supreme Court in AGUILAR v. FELTON(1985). It is unfortunate that your Solicitor General has submitted an amicus brief on this dangerous proposal; it is even more astonishing that he defended the action as something beneficial to our public schools. For the record, Aguilar tested the constitutionality of Title 1, U.S. Elementary and Secondary Education Act, which called upon public schools to offer certain "remedial services" to students, including those in private and private religious institutions. Justice William J. Brennan Jr., writing for the majority in Aguilar, noted that while the Act was "well intentioned," it was a clear violation of the First Amendment in that government must not "promote or hinder" religion. He added that the Act conveyed "a message of state support for religion to students and the general public." I am disturbed by the support of your administration for a reversal of the Aguilar v. Felton ruling. In School District of Abington Township,PA v. Shempp(1963), Justice Brennan noted, "What may not be done directly may not be done indirectly lest the Establishment Clause become a mockery." However good intentions, direct and.or indirect aid to religious schools violates the Establishment Clause of the First Amendment. It would compel tens of millions of Americans who profess no religious belief to subsidize religious institutions through taxation. If the religious community in America wants religious instructions for their children, they are obligated to pay for their schools and all of the related costs. Atheist and others should not be compelled to subsidize religious schools by underwriting the costs of books, busing, nursing, remedial education and salaries of teachers who provide that service. Mr. President, a reversal on Aguilar - such as your administration appears to support - comes at a time when the nation's school system is under attack and desperately in need of support, resources and funding. It is the position of American Atheists that overturning this case would serve to further encourage voucher plans and other unfair, legally suspect and morally wrong schemes which promote government funding of religious schools. I urge you to direct your Solicitor General to withdraw the amicus brief presented last week to the high court, and consider instead arguments which support Aguilar v. Felton. Thank you for your consideration on this matter. Respectfully, Ellen Johnson President EJ/rjb