Model Secular Policy Guide.pdf

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In Marsh v. Chambers, 22 the U.S. Supreme Court carved out a narrow exception to the EstablishmentClause for legislative prayer as a nod to history and custom. The Marsh exception was confined toa situation involving a non-sectarian, non-denominational prayer, led by an officiant who had notbeen selected based upon any impermissible religious motive, and which was addressed to the bodyof legislators present, and to no one else. Additionally, under this standard, legislators must have theoption not to participate, and the prayer must not be “exploited to proselytize or advance any one, or todisparage any other, faith, or belief.” 23 Some federal appellate courts have ruled that frequent sectarianprayers to “Jesus” affiliate the government with Christianity and are unconstitutional. 24 The SupremeCourt revisited its Marsh decision in the fall of 2013 (decision expected in 2014) when it took up Town ofGreece v. Galloway. 25POLICY RECOMMENDATIONBecause of the legal uncertainty and the exclusionary effect such prayers have on nontheistsand others who do not share the faith of the officiant, the best practice is to exclude prayer atlegislative meetings.The Free Exercise ClauseThe wall of separation of church and state protects both freedom from government-sponsored religionand a private individual’s freedom of conscience. This reflects the Madisonian concern that secular andreligious authorities must not interfere with each other’s respective spheres of choice and influence. TheFree Exercise Clause forbids the government from interfering with religious belief, opinion and some, butnot all, actions taken with religious motives. While the freedom to believe is absolute, the freedom toact may be circumscribed by law, so long as those laws are not meant to discriminate against a particularreligion.The Free Exercise Clause does not give a religious actor a special right to ignore a law by claiming thatcomplying with it conflicts with its religion. Neutral laws of general applicability that incidentally burdenreligion are not unconstitutional. 26A claim of a right to “religious accommodation” under the Free Exercise Clause may be rejected if itwould result an impermissible preference of religion prohibited by the Establishment Clause. 27 TheSupreme Court has indicated that accommodation is permitted only when it “alleviates exceptionalgovernment-created burdens on private religious exercise.” 28 An accommodation which “conveys amessage of endorsement” of the religious practice being accommodated, however, advances religion inviolation of Lemon. 2912
HEALTH AND SAFETYIn a pluralistic society valuing religious and moral freedom, health care should not be dictated orcompromised by personal, sectarian religious beliefs.Women’s Health IssuesThere are complicated moral and ethical questions involved in women’s health issues and access tohealth care for theists and nontheists alike. However, the particular influence of sectarian religiousbelief on government policy regarding women suggests a government endorsement of particularreligious beliefs to the exclusion of minority and non-theist views.Abortion BansIn the landmark case Roe v. Wade, the U.S. SupremeCourt recognized that the U.S. Constitution protectsa woman’s right to make her own medical decisions,including her decision to have an abortion. Therefore,a state may not ban abortion prior to viability. In the40 years following that landmark ruling, in decisionsincluding Casey v. Planned Parenthood of SoutheasternPennsylvania, the Supreme Court has never waveredfrom this principle.Yet the nation’s most extreme bans on abortion werepassed by various state legislatures in 2013. TheArkansas legislature overrode Governor Mike Beebe’sveto of a bill banning abortion at 12 weeks, and North Dakota banned abortion at 6 weeks. Abortionbans are not only bad policy because they prevent a woman from making her own personal, privatedecision about her health and medical care, but because they violate women’s constitutional rights.Non-Surgical AbortionWomen in the United States have been safely and legally using non-surgical abortion for years, butanti-women’s health activists have devoted significant attention to creating barriers and restrictions toblock access.13
Page 2 and 3: This guide is supported in whole or
Page 4 and 5: Letter from the Executive Director
Page 6 and 7: Tax Policy.........................
Page 8 and 9: CONSTITUTIONAL LAW“Congress shall
Page 10 and 11: The Establishment ClauseIn 1947, th
Page 14 and 15: Bills restricting non-surgical abor
Page 16 and 17: Religious Exemption for Contracepti
Page 18 and 19: and 1997), Washington (2008), and V
Page 20 and 21: They especially place at risk babie
Page 22 and 23: child abuse and maltreatment. 52 In
Page 24 and 25: EDUCATIONStudents are constitutiona
Page 26 and 27: Abstinence-only programs lead to no
Page 28 and 29: message to students that the govern
Page 30 and 31: Employment DiscriminationOur govern
Page 32 and 33: TAX POLICYThe same tax rules should
Page 34 and 35: Political Endorsement from the Pulp
Page 36 and 37: Provide for Humanist ChaplainsWhile
Page 38 and 39: INTERNATIONALFreedom of religion, b
Page 40 and 41: In early 2013, these experts releas
Page 42 and 43: RESOURCES1 Public Religion Research
Page 44 and 45: 44 Haemophilis influenzae type B45
Page 46 and 47: 87 26 USC §508(c)(1)(A). ((c) Exce

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