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House Bill H.2715 (Previously 376)
Bad for Religious Freedom & Bad for Science

According to Ronal Madnick, President of the Massachusetts Chapter of Americans United for the Separation of Church and State (AU), the AU strongly supports the right of all students to voluntarily express their religious beliefs, however, House Bill H.2715 (originally introduced in 2009 as H.376) would require K-12 public schools to create a "limited public forum" for student speech at all school events and class assignments. It thus allows students to practice and profess their religion in the classroom and at official school functions, where K-12 children of different religious beliefs are a captive audience.

HB 2715 does not clarify the law; it introduces more confusion and contradictions. It would likely lead to violations of the free speech and establishment clauses of the U.S. Constitution. The bill makes no distinction between elementary schools, junior high schools, and high schools. The bill is unnecessary. The First Amendment to the U.S. Constitution and the Massachusetts Constitution already guarantees the right of students to engage in voluntary, student-initiated religious expression. Other laws and court cases clearly establish that students can organize prayer groups, religious clubs, and similar gatherings, and that these groups must have the same access to school facilities as other noncurricular student groups.

It is clear that students are afforded First Amendment protections while in school. This bill, however, tries to transform every classroom, assignment, and school function into a place for them to proselytize classmates, but does so in a way that will most likely violate both the Establishment Clause and the Free Speech Clause of the First Amendment. Courts have never considered a law like this, and because the Supreme Court is especially diligent with students’ rights, it is far from certain that merely declaring something to be a “limited public forum” and disclaiming any school role in the student speech would be enough to make it so. This untested law is inviting litigation.

Please see the letter opposing HB2715 sent by AU-MA to the Joint Committee and seven reasons why this is an ill-concieved bill.

House Bill H.2715 is Stealth Anti-Science Legislation

The statement below on HB-2715 was presented to the Massachusetts State Legislature Joint Committee on Education on October 4th 2011 by Dr. Sam Kounaves, a Professor in the Departments of Chemistry and Geology at Tufts University, and a former two-term member of the Winchester School Committee.

As clearly pointed out by Ronal Madnick, President of Americans United for Separation of Church & State, this bill does not give students any more rights than are already allowed under the U.S. First Amendment and the Massachusetts Constitution.  However, what this bill will do is allow students and teachers to promote, to captive K-12 audiences, religion as science.

HB 2715 institutes a policy that "...allows for .... student expression of religious viewpoints at school events ...... , in class assignments..." It directs school districts to "...treat such expression ... in the same manner as the expression of a secular or other viewpoint and prohibits the district from discriminating against a student based on his or her expressed religious viewpoint." 

Part of the motivation for this bill is clear.  Bill 2715 (the same as HB 376 introduced in 2009) was originally crafted by Ms. Evelyn Reilly, the former public policy director of the Massachusetts Family Institute, an organization affiliated with James Dobson's Focus on the Family (FOF), and a member of its "family policy council".  Indeed, MFI has links on its web site to FOF's DVD series The Truth Project (TTP).  In the “science” lectures the TTP presents evolution as a "demonic lie" that is in "direct conflict with the Christian perspective", and identifies it as an example of a "godless philosophy". These lectures present anything but The Truth, and are rather the "perspective" of fundamentalists.

For years, it’s been a tactic of these groups to push for teaching the “strengths and weaknesses” of evolution in an effort bring religion into the science classroom. Similar bills have been introduced in several state legislatures. These “viewpoint anti-discrimination” bills are just another backdoor effort to make the established fact of evolution appear as a "guess" and on equal footing as creationism.

According to one of the bill's sponsors, State Rep Elizabeth Poirier of North Attleboro, "If it becomes law, the bill would allow students to discuss religion with classmates as they would any secular issue in school" (which they already can), she then goes on, "Perhaps in science class, when evolution is discussed, a student would be able to bring up creationism."(Cape Cod Times, 10/7/2009)

This bill was written and promoted by the MFI with the apparent intent of intimidating teachers, especially science teachers. This bill will allow students (perhaps with coaching from their parents) to express religious views in science classrooms, exams, and assignments.  It would force biology teachers to give equal credit to students who, when asked questions about evolution, answer with religious views about creation.  It will allow the promotion of creationism, intelligent design, and non-scientific views, as equally valid science. This bill will intimidate and inhibit teachers from teaching accepted science content.

As a scientist, educator, and former school committee member, and as a citizen of this commonwealth who passionately supports freedom of religion, I strongly oppose this bill.

 

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AMERICANS UNITED- MASSACHUSETTS CHAPTER - ACTIVITES

Ron Madnick (President AU-MA) at the AU-MA table during Worcester Pride Celabration set up behind Worcester City Commons, September 17, 2011.

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AMERICANS UNITED URGES MASSACHUSETTS COUNTY TO
CUT TIES WITH SECTARIAN DRUG COUNSELING PROGRAM

Americans United for Separation of Church & State is urging Bristol County to discontinue its support of a religious group's drug treatment program for former prisoners. Massachusetts should not be funding a religious conversion program.

According to media reports, Bristol County purchased a house for $375,000 and the county's sheriff granted it to Teen Challenge to operate a drug recovery program for ex-inmates. Teen Challenge's drug treatment program is based entirely on religious principles. The group's Web site states that it "believes in the faith model and concentrates on focusing attention on God and His will for those that enter the program." "Massachusetts taxpayers should not be forced to support Teen Challenge's religious mission," says Ron Madnick, president of Americans United's Massachusetts Chapter. "The county's aid to this religious conversion program is contrary to the constitutional principle of church-state separation. The county should stop supporting Teen Challenge's religious work."

The national office of Americans United sent a letter to county officials and the sheriff noting the unconstitutional nature of providing a building to Teen Challenge for a religion-based drug treatment program. "There can be no doubt that Teen Challenge's programming is permeated by religion and that Teen Challenge attempts to convert program participants to a particular version of Christianity," wrote Americans United attorneys Alex Luchenitser and Dena Sher. "There can also be no doubt that providing a building - free of charge - to house Teen Challenge's religious-indoctrination program is a type of government assistance" that violates the First Amendment principle of church-state separation. Americans United's letter explains that Bristol County's support of Teen Challenge violates not only the First Amendment, but also the Massachusetts Constitution, which includes a provision barring "the use of public money or property" for religious groups or causes.

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"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical."
--Thomas Jefferson: Bill for Religious Freedom, 1779. Papers 2:545