March 25, SENT VIA U.S. MAIL & to

Similar documents
March 25, SENT VIA U.S. MAIL & to

October 3, Humble Independent School District Eastway Village Drive Humble, TX 77338

September 24, Jeff James Superintendent N First Street Albemarle, NC RE: Constitutional Violation. Dear Mr.

April 3, Via . Woodrow Wilson Elementary School 700 East Chestnut Duncan, OK Duncan Public Schools 1706 West Spruce Duncan, OK 73533

THE RUTHERFORD INSTITUTE

No In The Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

SC COSA Fall Legal Summit August 26, 2016 Thomas K. Barlow, Esq. Childs & Halligan, P.A.

Follow this and additional works at: Part of the Constitutional Law Commons

MEMORANDUM. Teacher/Administrator Rights & Responsibilities

An Update on Religion and Public Schools. Outline

September 9, The Honorable Ray Mabus Secretary of the Navy 2000 Navy Pentagon Washington DC

RESOLUTION NO

Where Do You Stand: Critical Conversations about Religion in Public Schools

Nos and THE AMERICAN LEGION, et al., Petitioners, v. AMERICAN HUMANIST ASSOCIATION, et al., Respondents.

Perception and Practice: The Wall of Separation in the Public School Classroom. Patricia A. Tinkey Ed.D.

SUPREME COURT OF THE UNITED STATES

January 2, Via . Ron Wilson, Superintendent Herington Schools USD North Broadway Herington, Kansas

November 10, Via

June 19, Re: Unconstitutional Graduation Sermon. Dear Ms. English & Mr. Mecham,

December 20, RE: Unconstitutional ban on employee Christmas decorations deemed religious

June 13, RE: Unconstitutional Censorship of Moriah Bridges. Dr. Rowe and School Board:

February 3, Lori Simon Executive Director of Academics. RE: Unconstitutional Fieldtrip to Calvary Lutheran Church

MEMORANDUM ON STUDENT RELIGIOUS SPEECH AT ATHLETIC EVENTS. The Foundation for Moral Law One Dexter Avenue Montgomery, AL (334)

Doe ex rel Doe v. Elmbrook School District and the Creation of the Pervasively Religious Environment

TOWN COUNCIL STAFF REPORT

CITY OF UMATILLA AGENDA ITEM STAFF REPORT

Arkansas Better Chance for School Success Programs Religious Activities Frequently Asked Questions

Supreme Court of the United States

Supreme Court of the United States

Religious Freedom Policy

PRAYER AND THE MEANING OF THE ESTABLISHMENT CLAUSE: A DEBATE ON TOWN OF GREECE V. GALLOWAY

Preventing Divisiveness: The Ninth Circuit Upholds the 1954 Pledge Amendment in Newdow v. Rio Linda Union School District

6:13-cv GRA Date Filed 09/11/13 Entry Number 1 Page 1 of 25. UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Greenville Division

SUPREME COURT OF THE UNITED STATES

Case 1:14-cv RBJ Document 105 Filed 07/17/18 USDC Colorado Page 1 of 17

First Amendment Issues (You Might Get Wrong) Steve Williams Bobby Truhe KSB School Law (402)

MEMORANDUM. First Amendment rights of students to promote and participate in the Day of Dialogue

ESTABLISHMENT AND EXCLUSION: WHY THE PROTECTION OF THE FIRST AMENDMENT S ESTABLISHMENT CLAUSE SHOULD BE APPLIED TO ADULTS

Why Separate Church and State?

In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway

Florida Constitution Revision Commission The Capitol 400 S. Monroe Street Tallahassee, FL Re: Vote No on Proposals Amending Art.

Deck the Hall City Hall That Is

This statement is designed to prevent the abridgement of anyone's freedom of worship.

Re: Birmingham P.D. inappropriately claiming city for the Kingdom of God

Citation: 90 Ky. L.J Provided by: Available Through: David C. Shapiro Memorial Law Library, NIU Colleg

SUPREME COURT OF THE UNITED STATES

Legal Memorandum on Public Celebration of Religious Holidays

Id. at The Court concluded by stating that

The Pledge of Allegiance and the Establishment Clause of the First Amendment: Why Vishnu and Jesus Aren't In the Constitution

Legal Memorandum on Public Celebration of Religious Holidays

McCollum v. Board of Education (1948) Champaign Board of Education offered voluntary religious education classes for public school students from

Took a message from the Associated Press in New Orleans about this also. Can imagine all stations will be calling or trying to visit the school.

Supreme Court of the United States

November 19, Re: Unconstitutional Prayer Rally and Religious Town Hall Meetings

The Rising None: Marsh, Galloway, and the End of Legislative Prayer

June 5, Ralph Hobratschk President, Board of Trustees Friendswood ISD 302 Laurel Dr. Friendswood, TX Fax: (281)

Supreme Court of the United States

1015 Fifteenth St. N.W. Suite 1100 Washington, DC Telephone: Facsimile:

Navigating Religious Rights of Teachers and Students: Establishment, Accommodation, Neutrality, or Hostility?

Greece v. Galloway: Why We Should Care About Legislative Prayer

THE RELIGIOUS VIEWPOINT ANTIDISCRIMINATION ACT: USING STUDENTS AS SURROGATES TO SUBJUGATE THE ESTABLISHMENT CLAUSE

March 27, We write to express our concern regarding the teaching of intelligent design

July 23, 2010 SENT VIA U.S. MAIL AND FAX (423)

Case 1:03-cv WDQ Document 93 Filed 06/21/2005 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION

Invocations at Graduation

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

Case: 3:08-cv bbc Document #: 132 Filed: 04/15/2010 Page 1 of 66

No IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2018

MEMORANDUM. First Amendment rights of students to promote and participate in Bring Your Bible to School Day

In the Supreme Court of the United States

December 9, Dear Judge Bise, Judge Steckler, Ms. Pollard, Mr. Holleman, and Harrison County Board of Supervisors,

How Are Reasonable Children Coerced? The Difficulty of Applying the Establishment Clause to Minors

ELON UNIVERSITY SCHOOL OF LAW BILLINGS, EXUM & FRYE NATIONAL MOOT COURT COMPETITION SPRING 2011 PROBLEM

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA No.

American Atheists, Inc. v. Davenport: Endorsing a Presumption of Unconstitutionality Against Potentially Religious Symbols

A (800) (800)

November 30, Ban on Christmas symbols at Manchester Elementary

Grades Duration 1-2 block periods

June 11, June 11, I would appreciate your prompt consideration of this opinion request.

PRESS DEFINITION AND THE RELIGION ANALOGY

FACT CHECK: Keeping Governor Tim Kaine Honest About Virginia s Chaplain-Gate. Quote Analysis by Chaplain Klingenschmitt,

1/15/2015 PRAYER AT MEETINGS

NOTE ASSUMING MATURITY MATTERS: THE LIMITED REACH OF THE ESTABLISHMENT CLAUSE AT PUBLIC UNIVERSITIES. Deanna N. Pihost

September 8, Via

August 11, Via

Supreme Court of the United States

Establishment of Religion

Back to the Future with Establishment Clause Jurisprudence: Analysis and Application of Lee v. Weisman

Case 9:12-cv DLC Document 68 Filed 01/25/13 Page 1 of 22 UNITED STATES DISTRICT COURT DISTRICT OF MONTANA MISSOULA DIVISION

California Constitutional Law: the Religion Clauses

SUPREME COURT OF THE UNITED STATES

Preaching from the State's Podium: What Speech is Proselytizing Prohibited by the Establishment Clause?

Religious Expression and Symbolism in the American Constitutional Tradition: Government Neutrality, But Not Indifference

Case 3:06-cv Document 22 Filed 10/17/2006 Page 1 of 49 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Bibles in Penn State s Guest Rooms. Re: 11 September 2014

IN THE SUPREME COURT OF THE UNITED STATES ROSS GELLER, DR. RICHARD BURKE, LISA KUDROW, AND PHOEBE BUFFAY, CENTRAL PERK TOWNSHIP,

Re: Pervasive Church-State Violations by Bossier Parish Schools

QUESTIONS PRESENTED. The petition for a writ of certiorari before judgment presents the same issues that

No SUPREME COURT OF THE UNITED STATES October Term ROSS GELLER, DR. RICHARD BURKE, LISA KUDROW, and PHOEBE BUFFAY,

Transcription:

March 25, 2015 SENT VIA U.S. MAIL & EMAIL to nan9k@virginia.edu, sgh4c@virginia.edu Dr. Teresa Sullivan President, University of Virginia P.O. Box 400224 Charlottesville, VA 22904-4224 Re: UVA Basketball Team Chaplain Dear Dr. Sullivan: Our national organization, which works to keep state and church separate, and our Virginia membership strenuously opposes University of Virginia s basketball chaplaincy. The Freedom From Religion Foundation (FFRF) has over 21,000 members including members in Virginia. We request an investigation into this issue and records pursuant to Virginia open records laws. It is our understanding that UVA employs Brad Soucie as Director of Player Development, though his role more resembles a team chaplain and character coach. We understand Soucie and Assistant Head Coach McKay have been together since their time at Liberty University, an evangelical Christian school. Indeed, McKay has remarked that Soucie has made him a better Christian. 1 At a private college, Soucie was free to make Liberty players better Christians, but at UVA he must keep his religion to himself. In April, Soucie will speak at the National Association of Basketball Coaches (NABC) conference during the Character Coach Forum. 2 The panel will discuss the how-to s and benefits of a character coach or chaplain in their program. 3 All the speakers are part of the highly religious group, Nations of Coaches, including Soucie (see below for more). Last November, Soucie spoke at The Point Church about significance of men finding their identity in Jesus instead of success, work, or any other source. 4 In 2014, Soucie was featured in the Character Coach Spotlight for Nations of Coaches, an evangelical Christian group dedicated to using coaches to promote Christianity. Soucie said, I have been so blessed by the Nations of Coaches Ministry team. Their mission of serving coaches and providing character coaches to serve coaches and players is much needed in our profession. 5 The feature noted that without people like Soucie on the staff, our partners in ministry as NOC calls them, we would not be able to impact this game for God s glory. 6 We understand that Soucie has a secular coaching title that goes along with his religious duties. However, the fact that Soucie has an explicitly secular role and a religious role compounds the legal issues. The two roles blur the line between a legitimate position and an abuse of that position to help players learn how to love God as one of his fellow character coaches put it.7 1 See Liberty University coaching staff website at http://bit.ly/1hysp4b. See NABC Ministry Events Schedule, 2015, available at http://bit.ly/1xf8myf. 3 Id. 4 See The Point Church podcast, November 9, 2014, available at http://bit.ly/19nfszz 5 Nations of Coaches, Character Coach Spotlight, August, 2014, available at http://www.nationsofcoaches.com/uploads/files/spotlight_soucie.pdf 2 6 7 Id. Nations of Coaches video Steve Dickie, Character Coach at Wichita State available at https://vimeo.com/74456591.

FFRF is concerned that taxpayers are paying for Soucie s position as team chaplain. To that end, we include a records request made to determine the extent of public funding used for this religious position. Athletic chaplains at public universities are unconstitutional Public school athletic teams cannot appoint or employ a chaplain, seek out a spiritual leader for the team, or agree to have a volunteer team chaplain because public schools may not advance or promote religion. See generally, Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000); Lee v. Weisman, 505 U.S. 577 (1992); Wallace v. Jaffree, 472 U.S. 38 (1985); Epperson v. Arkansas, 393 U.S. 97 (1967); Sch. Dist. of Abington Twp. v. Schempp, 374 U.S. 203 (1963); Engel v. Vitale, 370 U.S. 421 (1962). Government chaplains may only exist as an accommodation of a public employee s religious beliefs when the government makes it difficult or impossible to seek out private ministries. See Carter v. Broadlawns Medical Center, 857 F.2d 448 (8th Cir. 1988), cert. denied, 489 U.S. 1096 (1989). For instance, it may be difficult for military service members to find a place of worship while on mission in a foreign country or for an inmate in a prison to find a way to worship. Katcoff v. Marsh, 755 F.2d 223 (2d. Cir. 1985). Chaplains are meant to lighten these government-imposed burdens on religious exercise. UVA basketball players have no government-imposed burden on their religion, so there is no need or legitimate legal reason for UVA to provide a chaplain for them. Soucie s employment, even if volunteer, is an unconstitutional endorsement of religion. Claiming that the players can voluntarily seek out Soucie cannot cure this violation. First, players can seek out religious guidance at any of the other campus ministries or in the local community. The basketball team does not need to employ or host a volunteer chaplain indeed, it cannot legally do so. Second, voluntariness has never been used to excuse a constitutional violation. At the college level, voluntary prayers are unconstitutional if organized by university staff and if students would feel pressure to join, as any team member would. Mellen v. Bunting, 327 F.3d 355, 372 (4th Cir. 2003) (pre-meal prayers at state-operated military college were unconstitutional, though voluntary). Religious organizations cannot be given privileged access to proselytize at public universities We understand that Soucie is a member of a religious group called Nations of Coaches (NOC) that provides chaplains to universities under the guise of character coaches. NOC s logo appears to be a whistle with a Christian cross on it. 8 NOC s application makes it clear that they are more concerned with Christianity than with coaching: Nations of Coaches exists to impact coaches and all whom they influence for the glory of God. 9 The form even thanks genuine coaches for your interest in impacting coaches and student athletes for the glory of God. 10 If Soucie is employed by NOC or even an NOC volunteer, UVA may not grant him special access to preach to student athletes. State schools cannot be used for sectarian religious purposes, such as impacting student athletes for the glory of God. To do so endorses the private group s religious message. Thus, by prohibiting government endorsement of religion, the Establishment Clause prohibits precisely what occurred here: the government s lending its support to the communication of a religious organization s religious message. Cnty. of Allegheny v. A.C.L.U. Greater Pittsburgh Chapter, 492 U.S. 573, 600-01 (1989). Abolishing the chaplaincy will not alter students rights to pray While student athletes may choose to gather in prayer, a public university has no business encouraging or endorsing religious rituals, much less organizing them. Whether to pray, whether to believe in a deity who answers prayer, are intensely personal decisions protected under our First Amendment as paramount matters 8 See, e.g., http://www.nationsofcoaches.com/who-we-are/ and enclosed photographs. 9 See Application for Character Coach, available at https://nationsofcoaches.wufoo.com/forms/m1drvew20oea1jj/ 10 Id. 2

of conscience. Sermons and sectarian practices demonstrate the university s apparent endorsement not only of religion over nonreligion but also of Christianity over other faiths. UVA s authority over student athletes is similar to that of VMI, a public military college that organized unconstitutional mealtime prayers. See Mellen, 327 F.3d 355. That court explained: Put simply, VMI s supper prayer exacts an unconstitutional toll on the consciences of religious objectors. While the First Amendment does not in any way prohibit VMI s cadets from praying before, during, or after supper, the Establishment Clause prohibits VMI from sponsoring such a religious activity. Id. at 372. The [s]chool sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadherents that they are outsiders, not full members of the political community and accompanying message to adherents that they are insiders, favored members of the political community. Santa Fe, 530 U.S. at 309-10 (quoting Lynch v. Donnelly, 465 U.S. 668, 688 (1984) (O Connor, J., concurring)). A state school and its representatives, while acting in their official capacities, must remain neutral on religious matters. Abolishing the team chaplaincy will not alter student athletes ability to pray, but it will prevent some student athletes from feeling coerced into participating in prayers to a deity they may not believe in. More than 62 million Americans (19%) are not religious. 11 And, most importantly for colleges and universities around the country, younger Americans are far less religious than any other demographic: 1-in-3 Americans aged 18-29 are not religious. 12 In fact, Soucie and other staff are imposing their religion on students who are not religious. In 2014, a student manager said: I would also like to thank the entirety of the University of Virginia Basketball staff for being open about who Jesus was to me early on when I was a non-believer. Especially I would like to thank Head Coach Tony Bennett, Associate Head Coach Ritchie McKay, Director of Basketball Operations Brad Soucie, Assistant Athletic Director for Basketball Administration Ronnie Wideman, and Special Assistant Katherine Palmer. 13 This same student indicates that Head Coach Tony Bennett also crosses constitutional lines, pulling students aside to emphasize that coming to Christ Jesus, and starting a relationship with the Savior of the World, were much greater things to him than winning games 14 Student athletes scholarships, playing time, future careers, and their entire education can be predicated on their basketball team membership. They should not have to jeopardize their personal religious beliefs or feel coerced to participate in religious rituals simply to play basketball. Character is important There is no doubt that character is important and something worth imparting to student athletes. But that cannot be an excuse to use a coaching position to promote religion. Character is not dependent on religion or religious belief. If character is important enough for UVA to employ a character coach, it ought to be a coach that can serve all players without imposing his personal religion or any religion on the players. UVA is a state school, a secular school all its employees and volunteers must act accordingly. This chaplaincy is unnecessary and legally problematic. UVA should act quickly to end the chaplaincy and educate its athletic staff on appropriate constitutional boundaries. We look forward to your written response. 11 Nones on the Rise: One-in-Five Adults Have No Religious Affiliation, Pew Research Center, The Pew Forum on Religion & Public Life (October 9, 2012) available at http://www.pewforum.org/unaffiliated/nones-on-the-rise.aspx. Percentages applied to U.S. Census population measured at 318,000,000. 12 Id. 13 Managers on a Mission press release, 3 Student Managers Selected for 2014 MOAM Mission Trips, May 19, 2014 available at http://bit.ly/1cmeavf. 14 Id. 3

Sincerely, Andrew L. Seidel Staff Attorney 4