|
|
September 15, 2000/15 Elul 5760, Vol. 52, No.53
Judge allows challenge to Bible Week in Gilbert
Town group also focuses on 'character'
BARRY COHEN
Community Editor
A recent court ruling has opened the door for Gilbert residents to constitutionally challenge Mayor Cynthia Dunham's 1997 proclamation of Bible Week.
This ruling clears the way for the case to be heard "on its merits," meaning the plaintiffs' claim that Bible Week violates the establishment clause at last will be examined.
"I hope at the end of the day, she will find indeed the proclamation does offend the Constitution and not just the clients," said Eleanor Eisenberg, executive director of the Arizona Civil Liberties Union.
The clients, who could not be reached for comment, contend Bible Week violates the separation of church and state.
U.S. District Court Judge Roslyn Silver ruled Aug. 25 that the plaintiffs have "standing" in their claim that "residents of Gilbert, who, upon issuance of the Bible Week proclamation, are made to feel like outsiders, unwelcome in their own hometown, (and) are directly affected by the proclamation and have standing to challenge it."
"We have gotten beyond procedural wrangling and on to a trial to consider the facts and the law," said Eisenberg.
Silver has not indicated when she will hear the case, Arizona Civil Liberties Union et al v. Dunham et al.
The implications are sub stantial. If Silver rules against the defendants - Dunham and the town of Gilbert - then a principle will be established allowing members of any community nationwide to challenge religious proclamations made by local or state governments, Eisenberg added.
Dunham defended her decision to make Bible Week proclamations, for the sake of the Bible's "historical and cultural significance. It is not government trying to mandate a particular religion."
"When she speaks as the mayor, she represents the government, and this brings the establishment clause into play," said Eisenberg. It is different when she speaks as an individual, private citizen, she added.
Dunham plans to appeal if Silver rules against her.
"My intention is to do another Bible Week tracking the same language as the '99 proclamation," said Dunham.
That version stated, in part, "The Bible has been a constant source of moral and spiritual guidance for Americans throughout our history. ... This annual emphasis has helped to strengthen spiritual understanding ... by encouraging personal reading and study of the Bible."
It omitted references to religion and spirituality, as well as recommendations to read the Bible.
Asked whether Dunham can issue a proclamation this fall, while the current case is pending, Eisenberg said, "I am not at all sure that she can (do that)."
According to The Arizona Republic, evangelist Pat Robertson's American Center for Law and Justice is representing the defendants and covering all costs.
Meanwhile, on Aug. 30, the steering committee for Gilbert's Community With Character, voted unanimously to recommend that the city adopt as a framework the six pillars of a program called Character Counts: trustworthiness, respect, responsibility, fairness, caring and citizenship.
"It gives us a bar to raise the level of ethics and character," said Ray Madaghiele, coordinator for Gilbert Community with Character.
Character Counts provides a "framework" for civic groups, police departments and schools that choose to participate, said Madaghiele. Information about Character Counts will be distributed to representatives of the Gilbert Jewish community, he added.
Character Counts is co-sponsored by the Josephson Institute for Ethics, a nonpartisan, nonprofit organization "dedicated to the improvement of the ethical nature of society through principled reasoning and decision-making."
In July 1992, the institute invited ethicists, educators and youth-service professional to Aspen, Colo., for a three-day conference to identify a "common thread of character traits" from a "neutral point of view," said Madaghiele. The six pillars of Character Counts grew out of the conference.
From 7 - 9 p.m. Tuesday, Oct. 10, the Gilbert group will present its recommendations to the community in the Main Assembly Room of the Gilbert Southeast Regional Library, located at the southeast corner of Greenfield and Guadalupe roads.
|
