Church-State Gadfly Rob Sherman Dies In Small Plane Crash

Robert Sherman, a leading atheist activist and prolific litigant over church-state issues, died this weekend in the crash of a small plane he was piloting.  The Poplar Grove, Illinois resident hosted a popular radio talk show for 22 years; the final show was broadcast in 2007.  As reported by the Chicago Sun-Times:

In the 1980s and 1990s, Mr. Sherman was constantly in the headlines for atheism activism.

As Sun-Times columnist Richard Roeper put it in 1998, “He has battled towns from South Holland to Deerfield to Zion to Palatine to Highland, Ind., and Wauwatosa, Wis., over public displays of religious symbols on water towers, on government property and on official village seals.”...

Mr. Sherman’s philosophy, on matters from the practical to the ecclesiastical, was summarized on robsherman.com, a website created to drum up donations for his planned 2018 [Green Party] congressional run in the 12th district....

And, he emphasized the issue that brought him to public attention. “I will sponsor legislation to get ‘In God We Trust’ off of our money, remove ‘One Nation Under God’ from our Pledge of Allegiance, eliminate the National Day of Prayer and repeal Christmas as a federal holiday,” he wrote next to his likeness on a coin proclaiming “In Rob We Trust.”

Discussion of a number of cases brought by Sherman can be found at this link to past Religion Clause postings.

Contempt Motion Filed Over Use of Banned City Seal

In 1991, in Harris v. City of Zion, (7th Cir., March 19, 1991, en banc rehearing denied) the U.S. 7th Circuit Court of Appeals held that Zion, Illinois' seal, which depicted various Christian images and the phrase "God Reigns," violated the Establishment Clause. In 1993, the city adopted, and the district court approved, a new seal which merely contained the phrase "In God We Trust." However, now an ad in the Sept. 17-18 Weekend Edition of the Lake County News-Sun invited residents to the city’s third annual Community Network Forum. The ad featured City Commissioner Shantal Taylor next to the old city seal which had been declared unconstitutional.  Yesterday's Lake County News-Sun reports that activist Rob Sherman has filed a motion to hold the city and Taylor in contempt for violating the 1991 injunction by sponsoring the ad. A hearing is scheduled for Oct. 4.

Suit Challenges Village Newsletter's Promotion of Church-Sponsored Activities

Chicago area activist Rob Sherman announced that this week he filed a state court lawsuit against his home Village of Buffalo Grove (IL) challenging its use of its bi-monthly Village News and its weekly Village E-News to promote activities sponsored by religious organizations.  The most recent example which triggered the lawsuit was an E-News posting promoting an upcoming Pig and Corn Roast sponsored by Hope Lutheran Church in nearby Long Grove.  The complaint (full text) in Sherman v. Village of Buffalo Grove, (Cook Co. Cir. Ct., filed 8/24/2011), contends that the village is violating the First Amendment, as well as Art. VIII, Sec. 1(a) and Art. X, Sec. 3 of the Illinois Constitution that require public funds to be used only for public purposes and prohibit forcing taxpayer support of any religious institution. Buffalo Grove Patch reports on the filing of the lawsuit.

Establishment Clause Challenge To Illinois Capital Appropriations Bill Fails

In Sherman v. Quinn, 2010 U.S. Dist. LEXIS 83313 (CD IL, Aug. 16, 2010), an Illinois federal district court has dismissed both facial and as-applied Establishment Clause challenges to Illinois 2009 capital appropriations bill.  Activist Rob Sherman had sought to enjoin appropriations to 176 groups. (See prior posting). After dismissing some of the claims on 11th Amendment grounds, the court held that plaintiff lacks taxpayer standing to mount a broad facial challenge to the legislature's appropriation of $2.23 billion for the governor to distribute to community-based human services providers. Plaintiff argued merely that the law might be administered unconstitutionally. The court rejected plaintiff's as-applied challenge to 176 specific line items because no funds have yet been expended. Finally the court rejected plaintiff's facial challenge to those line items, finding that they meet the Lemon test for secular purpose and effect and no excessive entanglement. The court concluded: "If, after the money in these provisions has been disbursed, Plaintiff discovers that something potentially unconstitutional is underfoot, he may raise an as-applied challenge to the provisions."

Heated Debate on 10 Commandments Proposal At Marion, IL City Council

WSIL TV News today reports on a rather heated exchange last night at a meeting of the Marion, Illinois City Council.  A large crowd came to the meeting to support a proposal by Marion resident Ken Kessler who wants a Ten Commandments monument to be placed on the town's Tower Square. Chicago atheist and activist Rob Sherman, who has filed lawsuits on other church-state issues (see prior posting), showed up to oppose the idea. Responding to Sherman's opposition, Council member Jay Rix said: "You make me sick to my stomach." Supporting the Ten Commandments proposal, Mayor Bob Butler said: "In God's will this will be done." Opponent Sherman says that if the city tries to sell off a portion of the town square to make it private property before erecting the monument, he may attempt to outbid supporters so he could put up a monument supporting atheism. Sherman wants the Ten Commandments monument put up only on church or other private property.

Suit Seeks Return of State Tourism Grant To Restore Bald Knob Cross

Activist Rob Sherman yesterday filed a lawsuit in an Illinois federal district court seeking to force Friends of the Cross to return to the Illinois Department of Commerce and Economic Opportunity a $20,000 grant it received to replace and install the exterior panels on the 11-foot high Bald Knob Cross in the Ozarks in southern Illinois.(Posting on Sherman's website; AP report). The complaint (full text) in Sherman v. State of Illinois, (CD IL, filed 8/12/2010), contends that the grant violates the federal Establishment Clause as well as Illinois Constitution's Art. I, Sec. 3 (religious freedom) and Art. X, Sec. 3 (no public funds for sectarian purposes). The grant was awarded as part of the state's efforts to promote tourism. (See prior posting).

Activist Challenges Illinois Tourism Grant To Restore Bald Knob Cross

Chicago activist Rob Sherman is pressuring a group that has restored the Bald Knob Cross of Peace, in the Ozark Mountains in southern Illinois, to return the $20,000 from a state grant that was used for part of the cost of the renovations. WSIL-TV reported yesterday that Sherman argues the grant to the Friends of Bald Knob Cross from the Illinois Department of Commerce and Economic Opportunity violates Art. X, Sec. 3 of the Illinois Constitution that prohibits state grants for sectarian purposes. The Cross, which stands 1000 feet above sea level was originally completed in 1963 and was a popular tourist attraction. It fell into disrepair and disputes arose among board members that led to litigation which was settled only at the end of 2008. The Cross was reconstructed last year. (History.) A member of the Bald Knob Cross Transitional Board says that the grant was given to promote tourism, and that it has brought hundreds of thousands of tourists to the hill outside Alto Pass, Illinois. Sherman says he will file suit if the funds are not returned within 30 days. He also urged return of $5000 that Union County contributed toward the Cross restoration.

Federal Lawsuit Challenges Capital Appropriations To Religious Organizations

Chicago activist Rob Sherman has taken another step in his campaign to challenge the state legislative appropriations to houses of worship, parochial schools and religious institutions that were placed in last year's Illinois capital budget. (See prior posting.) On Wednesday he filed a federal lawsuit against the governor and two other state officials seeking to enjoin disbursement of appropriations to 155 groups, or to force recoupment of any funds already distributed. The lawsuit also raises questions about 20 other grants. The complaint (full text) in Sherman v. Quinn, (CD IL, April 7, 2010), alleges that these appropriations violate the federal Establishment Clause. It also alleges that they violate provisions of the Illinois Constitution that require public funds to be used only for public purposes (Art. VIII, Sec. 1), that prohibit forcing any person to support a place of worship (Art. I, Sec. 3), and bar appropriations in aid of any church or for sectarian purposes (Art. X, Sec. 3).

Activist Charges Conflicts In Some Illinois Capital Funding For Religious Groups

There are new developments in the campaign by Chicago activist Rob Sherman to challenge state legislative appropriations to houses of worship, parochial schools and religious institutions in last year's Capital Bill. (See prior posting.) Last month he filed a challenge with the State Government Suggestion Award Board. In a posting on Friday, Sherman charges that some of the challenged appropriations are to religious organizations on whose boards legislators themselves sit. In one case, a legislator is the CEO of the religious organization slated to receive funds. [Thanks to Scott Mange for the lead.]

Illinois Cancels Controversial Grant To Historic Church For Rebuilding

Chicago activist Rob Sherman reports that the Illinois Department of Commerce and Economic Opportunity notified (full text of letter) Pilgrim Baptist Church last month that it was terminating a grant promised to the church by former Governor Rod Blagojevich. The $1 million state grant was intended to help rebuild the historic Chicago church after it was severely damaged by fire in 2006. Last year, Sherman filed a lawsuit alleging that the grant violates the Establishment Clause as well as various provisions of the Illinois Constitution that effectively bar expenditures for religious purposes. (See prior posting.) The grant agreement limited the funds to use for secular purposes, but Sherman claimed that the state portion will still be identified with the church and that there were no effective limits on use of the funds after the two-year grant period.

Activist Wants Illinois Governor To Veto Appropriations To Religious Institutions

Social activist Rob Sherman has written a top aide to Illinois Governor Pat Quinn urging him to exercise his line item veto to eliminate all grants in the state's recently passed appropriations bill (HB 313) that are directed to churches, parochial schools and other religious organizations. On his blog, Sherman focuses on a grant for infrastructure at St. Martin de Porres Church, a capital improvements grant to St. Malachy School and a grant for construction of a cabin at the Camp Chi. Sherman says the appropriations violate ban in the Illinois constitution on state-mandatessupport for any place of worship., and the ban on spending state funds on parochial schools

Suit Challenges Illinois Grant To Help Rebuild Historic Church

In Chicago last week, atheist activist Rob Sherman filed a state court lawsuit against Illinois Governor Rod Blagojevich and other state officials challenging a $1 million state grant to help rebuild Chicago's historic Pilgrim Baptist Church. The church was severely damaged by fire in 2006. The state grant is to go toward rebuilding the church's administration building that housed a school, and historical documents.(See prior posting.) The complaint (full text) alleges that while the grant agreement provides state funds are not to be used to further sectarian activities, the state-funded portion will be identified with the church, the grant will allow the church to divert $1 million in its own funds toward the promotion of religious activities, and there is no meaningful way to segregate the non-religious from the religious uses of the building. It also alleges that the agreement provides no enforcement mechanism after two years. The suit alleges violations of the Establishment Clause as well as various provisions of the Illinois Constitution that effectively bar expenditures for religious purposes.

Today's Chicago Tribune reports that Sherman's lawsuit comes after Sherman received a large inheritance from his mother last year. This allows him to operate on more than the shoestring budget that characterized his earlier challenges to government favoritism for religion.

UPDATE: The AP reports that on Friday, a Sangamon County circuit judge approved plaintiff's moving ahead with his taxpayer suit against the state Comptroller and the Department of Commerce and Economic Opportunity, but required that Gov. Blagojevich be dropped as a defendant.

Preliminary Injunction Against Illinois Moment of Silence Extended Statewide

Yesterday's Chicago Tribune reports that Illinois federal district judge Robert W. Gettleman has extended his preliminary injunction barring enforcement of Illinois' moment of silence law to all school districts in the state. In November, he had issued a preliminary injunction against one school district, Buffalo Grove. That injunction also applied to the Illinois State Board of Education, but the Board claimed it had no authority to enforce the injunction. In March the court agreed the suit could be converted into a class action against all school districts in the state. (Sherman v. Township High School Dist. 214 [LEXIS link]). Having received no objections to his March order, the court now extended its preliminary injunction statewide. Anyone with standing can now enforce the order against a school district. Plaintiff in the class action, radio talk show host Rob Sherman, however only has standing as to the Buffalo Grove district where his daughter is enrolled in school. [Thanks to Scott Mange for the lead.]

Atheist Activist Supports Easter Service and Cross In Daley Plaza

Yesterday's Chicago Daily Herald reported that atheist activist Rob Sherman has praised the city of Chicago for permitting the Thomas More Society to put up a 19 foot cross in Daley Plaza for its sunrise Easter service today. Sherman says he backs the right of individuals to engage in private religious speech in public. He only objects to government supported expressions of religion. [Thanks to Scott Mange for the lead.]

Enforcement of Illinois Moment of Silence Law Enjoined

An Illinois federal district court yesterday issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior related posting.) U.S. District Court Judge Robert Gettleman said the new law is vague and questioned how it is to be enforced. The Chicago Sun Times and AP report that the order came in a suit filed by radio talk-show host Rob Sherman, whose attorney has now asked the court to extend the injunction to all school district in the state.

UPDATE: Thursday's Arlington Heights (IL) Daily Herald reports that Judge Gettleman refused to extend his preliminary injunction to the state's other 214 school dstricts because they are not defendants in the case. However he did order the state school superintendent not to enforce the new law. This means that no sanctions will be imposed against other school districts that refuse to require a moment of silence.

UPDATE: The full opinion granting the preliminary injunction is now available on LEXIS: Sherman v. Township High School Dist. 214, 2007 U.S. Dist. LEXIS 84440 (ND IL, Nov. 15, 007).