Around the states

Church & State, Mar 2000

Maryland Good Friday Closing Law Upheld

The U.S. Supreme Court has refused to intervene in a dispute over a Maryland law that requires public schools to close on Good Friday and the Monday after Easter.

On Jan. 18, the justices dismissed without comment Koenick v. Felton, a case filed in 1996 by retired school teacher Judith Koenick, who had argued that the closings violated church-state separation. Koenick told the Associated Press that the Maryland law "sends a message of inclusion to Christian children and a message of exclusion to their Jewish, Muslim and nonbelieving classmates."

Last August, her argument was rejected by the U.S. 4th Circuit Court of Appeals, which found that "the four-day holiday around Easter is supported by a pragmatic, legitimate secular purpose."

If the Maryland law "provided for a holiday only for followers of the Christian faith on the days around Easter, it would, on its face, discriminate between denominations and be subject to strict scrutiny," the 4th Circuit said in a unanimous ruling. "But it does not. Instead, the statute provides an annual holiday for all Montgomery County public school students from which all students benefit equally and thereby does not facially discriminate against any denomination."

Maryland is one of only three states, alongside Illinois and North Dakota, that requires public schools to close for Good Friday.

Alabama's Judge Moore Receives Ethics Warning

The Alabama Judicial Inquiry Commission has found evidence that Circuit Court Judge Roy Moore violated judicial standards and warned him to more closely follow ethical guidelines in the future.

The panel ruled, however, that no disciplinary action is needed.

Moore, best known for posting a hand-carved plaque of the Ten Commandments in his Etowah County courtroom, was investigated by the commission after multiple complaints. Among the allegations were bias against religious minorities, making public comments about pending cases, misuse of office for fundraising purposes and allowing extrajudicial activities to interfere with official responsibilities.

A defiant Moore seemed outraged by the commission's conclusions, despite the fact he was not being punished.

"The commission has the audacity and arrogance to admonish me to comply with the judicial canon of ethics," Moore said at a press conference. "They even attached a copy of the canons. I shouldn't be admonished. They are the ones who should be admonished."

Meanwhile, Moore continues to campaign in the June 6 Republican primary for chief justice of the Alabama Supreme Court. As of the end of 1999, Moore had raised $28,450, the bulk of which came from out-of-state donors.

Court Rules Against Jesus Statue In Wisconsin Park

A federal appeals court has ruled that a fifteen-foot marble statue of Jesus featured at a public park in Wisconsin is unconstitutional, despite the fact that the artwork is not directly on public property.

The case began in March 1998 when the Freedom From Religion Foundation (FFRF) asked city officials in Marshfield, Wis., to move the statue to private land. When the city refused, a lawsuit was filed. In an apparent effort to bolster their chances in court, officials then sold the religious figure and a tiny parcel of land beneath it to a local citizens group for $21,560.

The property transfer did not shield the city from its responsibility. In Freedom From Religion Foundation v. City of Marshfield, the U.S. 7th Circuit Court of Appeals ruled unanimously Feb. 4 that the layout of Praschak Wayside Park could lead "a reasonable person to conclude that the statue is a part of the public park and that the government, rather than a private entity, endorses religion."

FFRF attorney David Lasker was very pleased with the decision upholding church-state separation.

"This clear violation of the Establishment Clause was continuing despite a real estate transaction that nobody would have any reason to know about unless they were looking over the fine print of a document at the register of deeds:' Lasker told the Associated Press.

Promise Keepers Closes Eight Regional Offices

Promise Keepers, the Colorado-based evangelical group that hosts rallies for men, has announced that it will close all of its eight regional offices and conduct all of the group's field activities from its headquarters in Denver.

The restructuring appears to be the latest sign of serious financial difficulties for the controversial I 0-year-old organization. PK staffer Ed Barron told reporters that the new scaledback approach will "greatly enhance our communication and use of resources."

This announcement comes less than a year after the group was forced to cancel rallies at all state capitals on Jan, 1, 2000, due to financial and logistical difficulties.

Despite its problems, Promise Keepers still shows signs of life. The group has tentatively announced its 2000 conference schedule, under this year's theme, "Go The Distance." Fifteen cities have already been announced, although only seven locations have confirmed dates and locations.