American Atheists is committed to the absolute separation of religion and government. It is the goal of American Atheists to file lawsuits that will win and create favorable law to build and strengthen the wall of separation envisioned by our Founders and articulated by Thomas Jefferson.
American Atheists files cases when the facts fit clearly into the entire body of both written law and common law. We file cases that we can win based on the present state of the law. We do not need to waste thousands of dollars on lawsuits that, given the facts at issue, the state of the law at this time, and the disposition of a given court, are doomed to certain failure. In losing such actions, we do not need to be in the position of creating more bad law for our descendants to clean up. We cannot make good law and ensure freedom within our nation by litigating bad, or even marginal, facts.
There of course may be certain exceptions to this policy. We will litigate, regardless of consequences, if a situation should arise that is so egregious we cannot let it pass unchallenged. We will litigate if the perceived consequences of not litigating would be worse than the possible adverse consequences of litigating. This will have to be based on sound legal judgment and decided on a case by case basis.
Alison Gill is the Legal and Public Policy Director of American Atheists.