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* Rob Sherman’s latest lawsuit is picking up some media notice, but it’s not being reported very well…
A Buffalo Grove atheist claims that $2.3 billion worth of construction grants are unconstitutionally going toward religious organizations.
That lede is just flat-out false. [ADDING: I didn’t notice that the story was written a couple of weeks ago, but the premise remains. The topline claim by Sherman is unsupported by the facts.] Here’s most of the reason why…
The suit names Gov. Pat Quinn as a defendant, saying the governor was allowed unconstitutional authority to spend a grant worth $2.23 billion as he sees fit. The grant is the largest one listed in the suit.
So, almost all of the spending challenged by the suit has nothing whatsoever to do with religious organizations.
* But, wait, there’s more. Reporters aren’t drilling down even a little bit into this sut. For instance, the first grant on Sherman’s list is $45 million for “early childhood construction grants to school districts and not-for-profit providers of early childhood services.” The reason this grant was challenged? “Grant not limited to the secular programs.”
Sherman doesn’t show any examples of how the state Constitution’s separation of church and state provision is actually being violated. He just thinks it might be violated one day.
Here’s the second challenged grant on his list…
The sum of $5,000,000, or so much thereof as may be necessary, is appropriated from the Capital Development Fund to the Department of Natural Resources for upgrades to lodges, camps and campsites, including but not limited to previously incurred costs.
That, too, was challenged because it doesn’t specify that no money goes to religious groups for non-sectarian purposes.
There’s more. Including a $100,000 construction grant for the Boys & Girls Club of Mississippi Valley for a teen center.
My conclusion is Sherman and Green Party gubernatorial candidate Rich Whitney (Sherman’s attorney) bulked up this lawsuit for maximum media impact. And the media mostly fell for it.
A group seeking to keep religion out of government is singling out the Illinois House for starting each session day with a prayer.
The Wisconsin-based Freedom From Religion Foundation sent a letter to House Speaker Michael Madigan, a Chicago Democrat, asking that the prayers be stopped after the organization received a complaint from one of its Illinois members. The group claims the prayers violate the U.S. Constitution because they alienate non-Christians and nonbelievers.
“Do it yourself is our philosophy,” said Annie Laurie Gaylor, the foundation’s co-president. “Don’t beseech some supernatural being in the sky to do your work for you.”
Thoughts on all this?
posted by Rich Miller
Friday, Apr 9, 10 @ 11:11 am
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Even for me, it’s not worth an ounce of thought on this fine Friday.
Comment by Satan Friday, Apr 9, 10 @ 11:21 am
Ditto
Comment by dupage dan Friday, Apr 9, 10 @ 11:29 am
A now retired legislator proposed directing clergymen of all faiths to give their opening prayers in a more egalitarian manner, reflecting the many religious backgrounds of the members. Even that got shot down, almost 30 years ago.
Legislators offended by the practice simply show up a moment late on purpose. Works for them; should work for the rest of the world.
Comment by Capitol View Friday, Apr 9, 10 @ 11:36 am
I’m alienated by antitheists and Cubs fans exist… can I get a court-ordered gag put on them too?
Comment by John Bambenek Friday, Apr 9, 10 @ 11:38 am
If there was ever a time that the legislative process needed to involve a higher being, it is now.
Comment by OneMan Friday, Apr 9, 10 @ 11:43 am
That first story was written weeks before the lawsuit was even filed.
Comment by Hm. Friday, Apr 9, 10 @ 11:48 am
OMG
Capt Fax:
You missed or under reported the news that Mr Green Party was representing the blowhard. That should pencil him out of a lot of votes…”Sherman and Green Party gubernatorial candidate Rich Whitney (Sherman’s attorney)….”
And the Greens wonder why no one really takes them seriously
Comment by CircularFiringSquad Friday, Apr 9, 10 @ 11:50 am
I thought the SPEAKER WAS THE HIGHER AUTHORITY IN THE SKY?????????????????????????
Comment by ivoted4judy Friday, Apr 9, 10 @ 11:51 am
So this is what the Green Party candidate for Governor is spending his time on? You were right again Rich, amatuers.
On this fine Friday this brings to mind a Dane Cook piece were an atheist sneezes and finds fault with someone who says God Bless you. The atheist berates the polite individual for his beliefs. The polite individual questions the atheist on what he believes happens to him after death. The atheist states that he becomes one with the earth and returns as a large beautiful tree. The polite individual suggests that tree gets cut down, mashed into pulp, turned into paper which is then used to print the bible.
Say good night gracie!
Comment by irish Friday, Apr 9, 10 @ 11:53 am
As long as they rotate the prayers according to the population of IL I have no problem. So if 3% of the citizens of IL are Hindu, then 3% of the prayers would be addressed to that/those deity(ies). 5% are Jewish, same and so on through all the religions having at least 1% of the population of IL. I suppose on non-affiliated/won’t say days, they could have a moment of silence.
That should be win/win. After all, with at least 80% of the IL Christians, the Christians would get the lion’s share of the days, but minority views would also be accommodated.
Comment by cermak_rd Friday, Apr 9, 10 @ 11:57 am
Not sure if Rich Whitney is trying to use Rob Sherman on this one to gain publicity or vice versa, but people in general seem to be pretty tired of hearing about Sherman and his never ending lawsuits.
Comment by Responsa Friday, Apr 9, 10 @ 12:09 pm
Although some of the parts of the suit have no merit, there are a bunch of grants for things like new roofs or playgrounds for religious grade schools. I do think this is unconstitutional and even if it is not we shouldn’t be doing it. I’m sorry, I went to catholic schools in chicago throughout my education, but the church can pay for its own roofs.
Comment by Charlie Wilson Friday, Apr 9, 10 @ 12:36 pm
The thing folks are forgetting is that there are a lot of people who pay taxes that are used on public schools that send their kids to private schools. I think this question goes beyond the simple separation of chuch and state. If we are going to make that separation black and white, not allow any tax monies to go to secular schools then we need to be ready to allow the parents of children who do not use public education to opt out of that portion of their taxes. Where would that leave our deficit? I am sure more money is collected from those parents than is spent on their schools.
Comment by irish Friday, Apr 9, 10 @ 1:35 pm
=== we need to be ready to allow the parents of children who do not use public education to opt out of that portion of their taxes===
That’s not how things are done. Pacifists, for example, can’t opt out of paying for military spending.
Comment by Rich Miller Friday, Apr 9, 10 @ 1:40 pm
=== we need to be ready to allow the parents of children who do not use public education to opt out of that portion of their taxes===
No way. Public schools are required by law to offer some items (transportation, extra-curricular activities) to private school students. Public education is for the common good, or is that now a “socialist” thing, too?
Comment by Vote Quimby! Friday, Apr 9, 10 @ 4:02 pm
In my story about this lawsuit at Rob Sherman News (see: http://www.robsherman.com/news/2010/04/08.htm ) I stressed that the majority of the 176 challenged grants are to religious organizations — houses of worship, parochial schools and religious ministries — and that the largest single grant is to Quinn. However, Quinn’s grant money could be funneled to religious organizations because no oversight is provided.
I also stressed, in my story, that of the 176 challenged grants, there are 155 grants that are clearly unconstitutional and 21 that are potentially unconstitutional, pending more info. The first two challenged grants, which you cited, above, correctly, are from that list of 21. That’s why it looks odd. Those grants came up first in my lawsuit only because they appeared first in the 996 page Capital Bill.
The Daily Herald story that you cited was written weeks ago because that story was in regards to a separate issue. That was a story about how the State Government Suggestion Award Board http://www.state.il.us/cms/2_servicese_oth/sesabrd.htm declined, on the date the DH story was written, to stop the 176 grants on the grounds that the DCEO and the SGSAB do not have legal authority to unilaterally defy, on constitutional grounds, a piece of legislation passed by the General Assembly. That’s the perview of a judge, so all I did was follow up on the response by SBSAB by submitting a request for review of the matter, in writing, to a judge, meaing I filed a lawsuit.
Rich Whitney has been handling civil rights litigation for me for years, and he’s one of the best in the State at it. He’s the one who successfully sued, in my behalf, to stop Rod from giving $1 million for the rebuilding of Pilgrim Baptist Church in Chicago after a fire, there, in 2006. The current lawsuit is, basically, Pilgrim Baptist on steroids. Since Rich won the first case, I knew he would be the right guy to handle a repeat of the same situation, only this time expanded exponentially. It’s just a coincidence that Rich is running for Governor, that Pat Quinn is a Defendant and that Bill Brady’s grant to the Newman Catholic mission at ISU is being challenged. There’s nothing sinister or election reliated here.
Comment by Rob Sherman Friday, Apr 9, 10 @ 6:55 pm
===My conclusion is Sherman and Green Party gubernatorial candidate Rich Whitney (Sherman’s attorney) bulked up this lawsuit for maximum media impact.===
I wasn’t involved in any of the decisions on this one; so I can’t say with absolute certainty, but I don’t believe that they bulked up the story. I suspect that Rich just agreed to represent Rob because they know each other personally and Rich agreed with Rob’s arguments. My experience with Rich is that he doesn’t often do anything exclusively to cater to the media. In fact, and he might dislike me writing this, he hates soundbites; and remember constantly nearly begging him to whittle down some of his position statements in order to make them more “media friendly.” He’s generally a guy who says what he thinks and supports the causes in which he believes.
Comment by Squideshi Sunday, Apr 11, 10 @ 1:57 am
That last post should read, “I remember constantly nearly begging him to whittle down some of his position statements in order to make them more “media friendly.””
Comment by Squideshi Sunday, Apr 11, 10 @ 1:58 am