winningstreak, great posts! I'd like to see someone point to one bit of 'good' the ALCU has done for this country. Along with NARAL, CAIR and PETA, the ALCU (Anti-Liberties Communist Union) is definitely one of the most toxic special interests in America.
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ACLU threatens academy prayer lawsuit
http://www.hometownannapolis.com/cgi-bin/read/2008/06_26-19/PRI
By KEVIN ROBILLARD Staff Writer
Published June 26, 2008
The American Civil Liberties Union is pressuring the Naval Academy to end its 163-year tradition of lunchtime prayer. uke1:
In a May letter to Vice Admiral Jeffrey L. Fowler, the academy's superintendent, ACLU officials asked the institution to end the prayers on behalf of nine unnamed midshipmen who said the prayer made them uncomfortable and violated the Constitution.
The prayer occurs before the midshipmen eat lunch, when one of the academy's eight chaplains leads the brigade in prayer. The anonymous midshipmen and the ACLU said those who don't clasp their hands, bow their heads, and recite the prayer inevitably stand out and feel pressure to participate.
But academy officials said they had no plans to end the practice.
"The academy does not intend to change its practice of offering midshipmen an opportunity for prayer or devotional thought during noon-meal announcements," the Naval Academy said in a prepared statement.
It also said the Navy would respond to the ACLU soon.
The ACLU said the academy's tradition is similar to a tradition at the Virginia Military Institute of offering prayers before dinner, which a federal appeals court ruled unconstitutional in 2003. It first asked the academy to end the practice after the appeals court ruling.
"The courts have been pretty hostile to any mandatory prayer," said Robert Destro, a law professor at Catholic University in Washington, D.C., who specializes in freedom of speech and religion.
He said any decision would depend heavily on the details of the prayer and the degree of coercion midshipmen felt, which of the prayer and the degree of coercion midshipmen felt, which is disputed.
A list of frequently asked questions about the prayer the academy distributed in September 2007 after midshipmen raised concerns through an anonymous feedback system expressed the academy's position in bold, italicized letters.
"The prayer is not mandatory or compulsory for midshipmen," the list said. "No midshipman is required to recite the prayer, bow his/her head, or participate in the prayer if they choose not to."
But a Navy ensign who recently graduated from the academy said the environment was one of "play along or stand out."
The ensign, who was a member of one of the two groups that approached the ACLU, asked to remain anonymous because she feared speaking out would harm her Naval career.
Her argument is echoed in the letter to Adm. Fowler, which was written by Deborah Jeon, the ACLU of Maryland's legal director.
"The situation is undeniably a coercive one for younger midshipmen who are implicitly pressured into prayer by the senior midshipmen around them, as well as the presence of a commissioned officer at the anchor," Ms. Jeon wrote.
The nine midshipmen who complained to the ACLU are a mix of upper- and under-classmen.
The ensign, an agnostic, said she and several other members of her company who didn't participate in the prayer began discussing the issue. One of them eventually brought the issue to the ACLU.
"I hope the prayer is abolished. It's certainly unconstitutional," the ensign said.
The list of questions about the prayer distributed by the academy didn't answer the midshipmen's concerns, Ms. Jeon said.
"They don't address the VMI ruling at all," she said. "Midshipmen who take an oath to support and defend the Constitution are troubled."
Mr. Destro said the less formal the prayer is, the better the chance a court would decide it was legal.
"The more innocuous, the less prayerful it sounds, the safer the ground is," he said.
He also said the Naval Academy, as part of the military, may restrict freedom of speech and religion more than a state institution like Virginia Military Institute.
"There's no doubt the First Amendment applies differently to the military," Mr. Destro said.
But Ms. Jeon said that argument had been rejected by federal courts in the 1972 Anderson vs. Laird case in which the military academies were forced to abandon the practice of mandatory chapel services on Sunday.
The controversy over the prayer isn't the first one involving religion at the academy this year. In March, the New Mexico-based Military Religious Freedom Foundation asked the school to end the practice of dipping the American and academy flags when the color guard walks in front of the altar at the Naval Academy Chapel.
The tradition had existed since 1940, but Adm. Fowler ended the practice last October, only to reverse that decision when churchgoers complained in February.
At the time, Mikey Weinstein, the head of the Military Religious Freedom Foundation, said there was a "pervasive" Christian fundamentalist culture at the academy.
While no lawsuit has been filed over the prayer yet, Ms. Jeon said officials are considering it.
"There has been some reluctance in the past," she said. But this group "seem more determined," she said.
Mr. Destro, who said the issue will eventually go to trial if a plaintiff steps forward, wasn't surprised there had been no volunteers so far.
"If you were a mid, would you sue the Naval Academy?" he said.
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The left is DESTROYING my country!! uke1: