Because Freedom Can't Protect Itself

Freedom of Religion

ACLU & Filer School District – In October, 2006 we received a complaint that Filer Middle School was promoting the distribution of Bibles on school grounds, as students loaded onto the busses at the end of their school day.  The practice was stopped within 24 hours of the school district’s attorney receiving our letter objecting to the school’s promotion of the Bibles, noting that numerous court cases have held the practice violates the Establishment Clause of the First Amendment.  In fact, the school district’s attorney called our cooperating attorney to assure that the practice had been discontinued. 

Idaho inmates & IDOC  –- A 2007 investigation currently underway, the ACLU is requesting records and demanding answers from the Idaho Department of Corrections about a Faith Based Community operating in a state prison. Inmates inside the Idaho Maximum Security Prison report a Christian proselytizing program which houses inmates according to their participation in highly religious classes.  The ACLU has written to the Attorney General’s office and made two requests for all public records relating to this program, in order to determine whether the state of Idaho is supporting or endorsing religious prison programs in violation of the First Amendment and Idaho Constitution. 

ACLU & Idaho Department of Education – In 2006, the ACLU learned that a local religious activist claimed that the Idaho Department of Education had given permission to teach the Bible in public schools. We made inquiries and learned that the activist’s claim was based on a confusing letter he had received from the Board of Education.  We asked the Department to clarify their statements and inform the activist of their policy not to allow sectarian teachings in public schools.  Cooperating attorney Jon Bauman resolved this complaint.   

Idaho Inmates & Idaho Department of Correction – In 2005, substance abuse treatment programs at Idaho prisons incorporated AA/NA twelve step teachings, including recognition of a higher power and daily participation in group prayer.  Inmates who resisted the religious content were removed from the program.  The ACLU repeatedly inquired of IDOC whether a non-religious alternative was available.  Following our numerous inquiries, IDOC finally provided a secular alternative for inmates who seek treatment, but decline religious conversion.  ACLU of Idaho Legislative Counsel Marty Durand handled this complaint.   

Native American Student & Pocatello School District No. 25 – A Native American high school student was denied permission to participate in his school’s graduation ceremony because he wanted an eagle feather and beading on his mortar board.  In response to our complaint the school district changed its dress code policy for graduations.  Fred Hoopes served as ACLU of Idaho cooperating counsel, assisting Pocatello attorney Paul EchoHawk.   

Dan Mannion & City of Boise – The ACLU’s intervention triggered corrective action by Boise city officials after we received a complaint of religious proselytizing in the City fire department’s periodic “progress reports” that are emailed to department staff.  Jack Van Valkenburgh handled this complaint.

Idaho inmate & Kootenai County Jail – An inmate requested ACLU assistance in obtaining access to the religious texts of his choice.  After we contacted the Kootenai County Jail about this infringement on his religious liberty, officials changed the policy to allow the religious books in the jail.

Other ACLU of Idaho advocacy for Religious Freedom:

America has the greatest religious freedom of any country because we insist on the separation of church and state. While we oppose government-sponsored prayer in public schools, we do NOT oppose truly voluntary and non-disruptive prayer – indeed, we defend all people’s right to pray and practice their religion. 

 Keeping religion out of public schools 

•      In 2003, we caused the Grace, Idaho school district to move their high school graduation from the local LDS church to the high school auditorium, in response to students’ complaints.  

•      In 2001, we met with Dr. Marilyn Howard, State Superintendent of Public Instruction, and suggested she send a memorandum to school districts in light of complaints we had received regarding Idaho school districts coercing students to take religious “release time.”  Subsequently, Dr. Howard did issue such a memorandum and we have received far fewer complaints regarding coerced released time.

•      We have successfully opposed Idaho legislation that would provide government support for religious schools, such as the 2001 and 2002 legislation to provide tax credits to families and corporations who contribute to the costs of a student’s religious schooling.

•      Our legal advocacy helped stop proposals to promote creationism at the expense of science. One proposal was to teach creationism in Post Falls public schools, the other a resolution from the New Plymouth School Board to the Idaho State School Boards Association that would have encouraged creation teaching in all public school science classes.  We would not object to creationism being included in a comparative religion class, but it is not science and must not be taught as science.

•      We persuaded the Pocatello and Nampa School Districts to end policies that coerced public high school students to attend religious seminaries, policies such as offering religious seminary as the only “no credit” alternative during a class period.

•      We've caused the reduction of the amount of Christian music sung in public schools, according to a choir student's parent and others.

•      We won a graduation school prayer case against the Grangeville School District.

Otherwise protecting religion from government  

•      In 2002 we convinced the Idaho Department of Correction to change their policies and stop charging a Jewish inmate who requested a Kosher diet $6 per meal.  No other inmates were required to pay for their meals.  

•      In 2002, after months of correspondence with the Idaho Department of Corrections, the ACLU won agreement from the warden of the medium security prison not to proselytize in “Clockwise,” the prison’s newsletter for inmates.

•      In 2001, through correspondence with authorities in Shoshone Falls, we caused a cross to be removed from a public park.

•      In 2001 we wrote and persuaded the town authorities of Weiser not to purchase a niche adorned with a cross for the storage of cremated urns.

•      We hosted a huge and very educational debate on the separation of church and state immediately after the mayor of Boise invited “the Lord Jesus to make a triumphal entry into this city…to lead us in the battle against evil.”