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  The Legal Muscle Leading the Fight to End the Separation of Church and State
By Sarah Posner |  April 1, 2007   (page 2/3)

While the ACLU gained its reputation by winning cases, ADF's reputation—and fund-raising spigot—preceded its first court case. Created just 13 years ago with the support of such Christian Right powerhouses as James Dobson, D. James Kennedy, and Bill Bright, founder of Campus Crusade for Christ, it is today the nation's leading Christian Right legal organization. Through its National Litigation Academy, ADF has trained more than 900 lawyers, who commit themselves to performing 450 hours of pro bono legal work "on behalf of the body of Christ." It doles out millions of dollars a year to other Christian Right organizations—many of which are already well endowed—to cover attorneys' fees and costs.

Its three principal goals are protecting the "sanctity of human life" (through litigating cases relating to abortion and end-of-life issues); promoting the "traditional family" (via cases concerning gay marriage and adoption); and ensuring the "religious freedom" of Christians (by portraying them as victims of discrimination on the part of those who seek to silence their ability to "speak the Truth" by preaching the Gospel). Using the propaganda machinery of conservative media outlets and churches, ADF has created a zeitgeist of Christian victimhood among people like Rev. York, who believes Christian students are the victims in Boyd County, and who has long admired ADF's "fight with the ACLU to protect Christian freedom and Christian liberty."

Last year, ADF received over $21 million in individual and foundation funding. Some of the major donors include the Covenant Foundation, financed by the "Granddaddy" of the Texas Christian Right, business mogul James Leininger; various members of the Amway-Prince Automotive empire, including the Edgar and Elsa Prince Foundation, whose vice president, Erik Prince (Edgar and Elsa's son, and brother of Betsy DeVos, wife of the Amway magnate, right-wing financier, and unsuccessful Republican gubernatorial candidate Richard DeVos), founded the Blackwater USA military-security firm; and the Bolthouse Foundation, which is underwritten chiefly with profits from Bolthouse Farms, a family-run California company whose products are often seen at organic markets and Whole Foods. Bolthouse requires recipients of its grants to pledge adherence to a statement of faith that includes the declaration that "man was created by a direct act of God in His image, not from previously existing creatures" and a belief in "the everlasting blessedness of the saved and the everlasting punishment of the lost."

SCHOOLHOUSE "DAYS"—Public high schools—where, as a result of a Vietnam-era case, public school officials can curtail student speech in the interest of preventing disturbances or infringement of the rights of other students—have become one of ADF's principal battlegrounds. Right now, it is gearing up for its annual Day of Truth, scheduled for April 19, which ADF has sponsored since 2005 in response to the nationwide Day of Silence, intended to promote tolerance of LGBT students at public high schools. Last year, ADF claimed that students at 700 high schools participated in its organized effort "to counter the promotion of the homosexual agenda and express an opposing viewpoint from a Christian perspective." Each year, only a handful of ADF's longed-for federal cases emerge. But when they do, ADF makes a public relations spectacle out of them.

ADF recognizes that sometimes strange bedfellows—even the ACLU—can help its divine cause on behalf of the free-speech rights of America's public high schoolers. It recently sided with its arch-enemy (and against the Bush administration) in a Supreme Court case in which an Alaska high school student charged that his First Amendment rights were violated when school officials forced him to take down a sign reading "Bong Hits 4 Jesus." The student, Joseph Frederick, admitted that he designed the sign "to be meaningless and funny, in order to get on television" as the Olympic torch passed through his home town of Juneau in 2002. And even though Frederick's cause had nothing to do with Jesus (and even implicated the Savior in the defiled culture that ADF disdains), ADF has an interest in continuing to shape Supreme Court precedent, an effort it began with its first landmark case 12 years ago and that has been aided by a judiciary increasingly friendly to its views. ADF's legacy in these cases has been to elevate the First Amendment's free speech clause over its Establishment Clause, which separates church and state, and thereby to promote religious speech—even proselytizing speechin the nation's public schools.

In that first landmark case, Rosenberger vs. The Regents of the University of Virginia, ADF represented a student challenging the university's policy of not funding religious student groups through the same student activity fees that funded secular clubs. The Supreme Court deviated from its precedents and based its decision not on the Establishment Clause—which prohibits a state institution like the University of Virginia from endorsing or appearing to endorse a particular religion—but on ADF's theory of "viewpoint discrimination."

In other words, ADF convinced the Court that instead of determining whether the school's funding of religious clubs would be, or would appear to be, an endorsement of a particular religion, it should decide whether or not funding religious groups "discriminated" against them based on their religion. And discrimination is present, the Court reasoned, if the school funded secular clubs but not religious ones.


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