[ital]Associated Press: This month the Supreme Court heard Hein vs Freedom from Religion Foundation. This little noticed, but important, lawsuit pits the head of the White House “Office of Faith Based Initiatives” – which funds conferences extolling the virtues of a godly life and Intelligent Design – against a group that argues the government has no business advocating religion. The plaintiffs confront the question based on separation of church and state. However, the Bush administration, while disputing the claim of “religious teaching,” does not consider the question directly. Rather, it asks the court to throw out the challenge because, “ordinary taxpayers have no legal interest in how the executive branch spends money.” In effect, the White House claims a license to “preach, advise, support, or advocate” whatever it wishes – with no challenge allowed. They argue the immunity of government actions from individuals or groups of individuals because the degree of injury does not warrant redress.[end ital]
Inspired by this case, Joshua Flatley of Mallison Falls, Gorham, plans to file an [ITAL]Amicus Profitus [END ITAL] (awards must be shared with friends of the court) suit supporting the plaintiffs.
Although his goal differs a bit, he also will base his action on separation of church and state, largely paralleling the plaintiff’s argument. He says that if the administration’s argument holds water, Mr. Clinton would have been able to use government funds in order to advocate sex as practiced in Arkansas.
Flatley, a well-known local activist who terms himself Libertarian, may have struck a responsive nerve among other Gorham thinkers. One group stood in strong support of Flatley – for an entirely different reason. Calling themselves The Bushwackers, they vigorously object to practically all taxes. Now recovering from their near-death experience with TABOR, they agreed it was unlikely for them to busy themselves in a matter having to do with separation of church and state. However, the fact that Hein’s office spends money on having conferences on any subject and, more important, claims the right to spend money without their approval, has energized their base.
One other group has already made its position clear: The Rev. Pheromone, pastor of the Christ for the Greater Glory of Gorham Church, supports “any effort which keeps Paris Hilton off our children’s TV screens.” Gorham, he averred, is a Christian town, founded by Christians, and populated by Christians who are sustained by a deep and abiding faith in the Savior. His congregation, whose members consider themselves Sentinels of Morality, objects to the spending of any money whatsoever except for the Drug War and more soldiers in Iraq.
While Gorham as a municipality is not directly involved, at least one town official who spoke only for non-attribution, said that the administration’s argument was an extension of Mr. Bush’s effort to operate without ordinary constitutional checks, He thought that if the president could ignore Congress, he ought to be able to ignore ordinary citizens.
Lawyers seem split on the news. Those that could be found not patrolling emergency rescue units were rather philosophical. One wondered about the amount and distribution of any possible damages that might be awarded, another said she would have to study English Common Law for precedent and a third seemed confused by the issue. A fourth member of the bar, encountered in a local watering hole, lapsed into incoherency as he railed against the Bush administration’s effort to restrict tort awards.
Jay F Hein, a Bush loyalist, apparently does not have, as some claimed, the nickname of Bee. Nor did he offer public comment on the case. He was said to be out of town organizing a demonstration of Intelligent Design that would show the purpose for which the human appendix was intended.
Patrick Henry, Benjamin Franklin, Tom Jefferson and John Hancock were found spinning in their graves.
Rodney Quinn, a Gorham resident, is a writer and former secretary of state.
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