From radioactive clergy to media inquisitions, religion was a hot topic in this year’s race to the White House, according to editors of Church and State Magazine.

The role of religion in the presidential campaign tops the 2008 “Top Ten” list of top church-state stories, according to the editors of Church & State. The monthly magazine published by Americans United for Separation of Church and State, is the nation’s only news periodical devoted exclusively to the intersection of religion and government.

Said Church & State publisher Barry W. Lynn, “It was a wild and crazy year. To tell you the truth, I’m glad it’s coming to a close. I’m hopeful 2009 will be a lot better.”

After studying the past 12 months of news, the editors selected the following 10 stories as the most important and most interesting church-state developments for the year.

1.  The Role of Religion in the Presidential Campaign: Not since 1960 when John F. Kennedy the first Roman Catholic president was elected, has religion played such a large role in a presidential campaign. News media representatives grilled candidates on what sins they had committed and what their favorite Bible verses were. Barack Obama fought false rumors that he is secretly a Muslim, and Mitt Romney’s Mormonism became a controversial topic. Candidates were held accountable for the incendiary comments of their pastors and their clergy supporters, such as the Rev. Jeremiah Wright and TV preacher John Hagee. Many observers thought the whole thing was an unholy mess, especially in a nation that separates religion and government.

2. The Resurgence of the Religious Right: While pundits and progressives have proclaimed the demise of the Religious Right, the fundamentalist political movement remained extraordinarily powerful. Republican John McCain found it necessary to name evangelical Sarah Palin as his running mate to mollify the GOP’s restive religious base, and Religious Right forces rammed through bans on same-sex marriage in California, Florida and Arizona. Moderate evangelical Richard Cizik was forced out as government affairs representative at the National Association of Evangelicals after coming under fire from Religious Right forces.

3.  The Battle Over Gay Marriage: Bans on same-sex marriage were approved in California, Florida and Arizona with conservative religious forces leading the drive. California’s approval of Proposition 8, with massive funding from members of the Church of Jesus Christ of Latter-day Saints, was particularly contentious. The Mormons, joined by the Roman Catholic hierarchy and evangelical Protestant congregations, were successful in passing a constitutional amendment that takes away the right of same-sex couples to marry and reflects church doctrine in civil law. The issue now moves back to the state Supreme Court.

4.  The Ascendancy of Rick Warren: Once known primarily as a mega-church pastor and best-selling author (The Purpose Driven Life), the Rev. Rick Warren has rapidly moved into position as the nation’s most prominent preacher, despite right-wing views on reproductive freedom, gay rights and church-state separation. Warren, a Southern Baptist who heads Saddleback Church in Lake Forest, Calif., is viewed by progressives as Jerry Falwell in a Hawaiian shirt with an ace PR team. After hosting a presidential debate stacked toward John McCain and being asked to give the invocation at Barack Obama’s inauguration, many think Warren seems destined to be the new Billy Graham.

5.  Religious Right Influence at Justice Department: Religious Right influence at the U.S. Department of Justice (DOJ) was exposed this year. According to an internal DOJ investigation reported in the media in July, senior aides in the department used religious and political criteria to hire staff members for non-political positions. Monica Goodling, a top adviser to the attorney general, checked to see if job applicants were “pro-God in public life” and held right-wing views on abortion, homosexuality and other issues. (Goodling is a graduate of TV preacher Pat Robertson’s Regent University.) DOJ also posted a legally dubious memorandum this year insisting that the federal government may give grants to “faith-based” social service agencies that discriminate in hiring, even if Congress has explicitly banned such bias.

6. Battles Over Creationism in Public Schools: New battles have erupted over the teaching of evolution in public schools. Blocked by the courts from teaching fundamentalist religious concepts directly in biology classes, Religious Right forces are trying a backdoor strategy. They are demanding that schools teach the “strengths and weaknesses” of evolution, a euphemism for creationist ideas. Over the heated objections of educators, scientists and civil liberties activists, the Louisiana legislature approved an “academic freedom” law encouraging such instruction in the state’s schools. Now the Texas State Board of Education is debating a similar proposal as part of its 10-year review of science standards.

7. Church Politicking Plot: The Religious Right’s dream of building a fundamentalist church-based political machine took a big step forward in 2008 when more than 30 pastors used their pulpits to endorse Republican political candidates. They acted at the behest of the Alliance Defense Fund (ADF), a wealthy Religious Right legal outfit that wants to challenge the federal tax law ban on partisan politicking by tax-exempt groups. The ADF, which was founded by TV preachers and other religious broadcasters, hopes the Internal Revenue Service will revoke participating churches’ tax exemptions leading to a court showdown.

8.  Defeat of Jeb Bush Referenda: Florida Gov. Jeb Bush saw his school voucher subsidies for religious and other private schools overturned by the state Supreme Court in 2006. Undeterred, the now former governor’s allies on an obscure tax commission engineered two measures onto the November 2008 ballot that would have repealed the state constitution’s ban on public funding of religion as well as diluted its provision for a strong system of public schools. To Bush’s dismay, the state Supreme Court on Sept. 3 struck the referenda from the ballot, derailing the scheme.

9.  Blocking of ‘Christian’ License Plate: The South Carolina legislature unanimously approved a special “Christian” license plate featuring a bright yellow cross, a stained-glass church window and the words “I Believe.” Backed by Americans United for Separation of Church and State, four local clergy and two minority faith groups challenged the government favoritism toward one faith. On Dec. 11, a federal district court blocked issuance of the plates. The judge’s action may forestall similar sectarian plates under consideration in other states.

10.  The Christmas Wars: It has become an annual holiday tradition Religious Right groups and their allies in the right-wing media launch a yearly crusade to stop the alleged secularization of Christmas and to pressure government to include Christian symbols in the holiday mix. They rail against stores’ use of the term “Happy Holidays” and insist that advertisements say “Merry Christmas” instead. This year, much of the attention focused on a Washington State battle where an atheist Winter Solstice sign was positioned near a Christian Nativity scene in the state capital. Fox News pundit Bill O’Reilly and an array of Religious Right scolds lambasted Gov. Christine Gregoire for allowing the anti-religious sentiment. Ironically, credit for the atheist display actually should go to the Alliance Defense Fund, a Religious Right legal group that sued Gregoire last year, insisting that the Capitol is an open forum where a Nativity scene (and all other forms of speech) must be allowed.

About the Source: Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Jimmy Garland Sr., president of the Clarksville Chapter of the NAACP, has contacted the Justice Department in Washington, D.C., and the HUD (Housing and Urban Development) office in Nashville, charging that the controversial Clarksville Downtown Redevelopment and Urban Renewal Plan does not adhere to Tennessee Codes and will have a detrimental effect on “mostly the poor, elderly and minorities residents of this inner city community.” The plan has been highly touted by city officials, Mayor Johnny Piper, and the Downtown Business Partnership (DDP).

Garland further charges that the plan is a possible “civil rights infraction” by the Clarksville City Council. The Council is scheduled to hold a second reading and a final vote on the ordinance Thursday evening during a special session scheduled for 7:30 p.m. in City Council Chambers at 108 Public Square.

“No real plan has been introduced that will define the actual areas to be redeveloped and which properties are actually blighted within the targeted area,” Garland said.

Clarksville NAACP President Jimmie Garland Sr. [center] stands with irate property owners outside a “public” hearing on the “blight” bill.

In an April 24 letter to HUD Field Office Director William H. Dirl, Garland wrote:

“The plan is supposed to be based upon section 13-20-203 of the Tennessee Code Annotated (TCA), but the template outlined in the TCA documents is not being followed. The Mayor of Clarksville and the city council have cherry picked through the code, and are on schedule to implement a blatant racist policy that has a detrimental affect on “mostly the poor, elderly and minorities residents of this inner city community.’ The language in the TCA clearly states, “A plan must be in place prior to any redevelopment plan being adopted”.

According to Garland, the city’s legislative branch of government has adopted an ordinance and a map of our inner city, “with no clear plan.” He cites Section 13-20-203 (1) (A) (i), (ii), (iii) of TCA, which clearly states the redevelopment plan must:

(i) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements;

(ii) Indicate proposed land uses and building requirements in the area; and

(iii) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing (unless already available) decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings.

Last Saturday, the Clarksville Property Rights Coalition ran a 1/2 page advertisement in the Leaf Chronicle re-iterating their opposition to this plan, which would impact 1800 homes and small businesses across the two-square mile area which has been dubbed “Blightsville” based on the potential for blight designations and property takings under an “assemblage” clause in the ordinance.

The ad was initially rejected by the Chronicle, which charged that it contained errors in fact. After legal wrangling and persistence by the CPRC, the ad, which was supposed to run in the news section, appeared buried in the last few pages of the Saturday paper in much the same way city officials apparently want to bury opposition to this ordinance.

Joyce Vanderbilt, owner of Kelly’s on Riverside Drive, with the CPRC ad

John Summers, counsel for the CPRC, wrote the following to the Chronicle:

“I specifically asked for placement in a news section, preferably the front section. You stated it would be on page 4. I conveyed that information to my client. There was not reason for me to have convey that information to my client … I was given that information. And I understand that placement is in the discretion of the newspaper. I have never had a newspaper interject itself in the composition of a political advertisement before, nor have I ever had a publisher involved in determining an advertisement’s content. I understand better now the reputation of the Leaf-Chronicle has earned among its residents.”

Leaf Chronicle publisher Gene Washer is a member of the DDP, the business development organization spearheading the redevelopment action.

Possible civil rights infraction by city council, Clarksville, TN

In presenting his case, Garland states:

“The NAACP is very concerned about the possibility that many of our elderly citizens, who subsist on a fixed income, may fall victim to a flawed ordinance created to help advance inner-city growth and upgrade of properties located in the areas targeted to be redeveloped. Our concerns are further enraged because many of the elderly will not be financially stable to comply with the standards the are to be used to allow them to remain in homes they acquired over their lifetime. Lastly, we are concerned because the areas targeted to be redeveloped under this ordinance is predominantly comprised of minority (black) residents who make up the only Majority-Minority council Ward (53%) within the city. According to the voting manual of the state of Tennessee, the city or county can not take any action that would cause a Majority-Minority Ward to be dissolved unless the leaders of the municipalities are willing to create a similar ward in another area of the voting district.”

Garland included letters from residents of the targeted areas that address the concerns of the citizens who are being affected by the proposed ordinance. Many meetings have been held, and letters written to local city council members, expressing the objections to the ordinance as written and compelling the council to repeal the current ordinance and start anew, ensuring the public is allowed to be active participants in the development thereof. He noted that there has been “no positive response from anyone associated with our local governing body except for Councilmen Marc Harris, Jim Doyle, and Wayne Harrison. The remaining members of the council have resolved to ignore the will of the residents of the affected area.”

Hundreds of property owners queue up to sign petitions against the redevelopment ordinance at a standing room only December 2007 grassroots meeting at the L&N Train Station

Garland writes further:

“None of these actions has been done; there is simply no redevelopment plan nor is there an urban renewal plan. The redevelopment plan is simply an attempt by the local legislative body to wipe out low to moderate-income neighborhoods through the Housing Authority’s power to eliminate blight. As written, the language within the redevelopment plan is egregious and the effects on the mental and social demeanor of the elderly residents of the affected communities, Red River District, Emerald Hill and Brandon Hill communities are most traumatic.

“The Clarksville Branch of the NAACP is seeking your assistance in ensuring the Tennessee Code Annotated section 13-20-203 and 13-20-211 will be used as intended, not as a tool for racism. Local citizens are very concerned that the local authority has the power to condemn their properties and release them to local developers. The cause of their concerns is evident throughout the recent Redevelopment Plan and Urban Renewal Plan presented to the citizens during a town-hall meeting on March 21, 2008.

“As president to the Clarksville Branch of the NAACP #5582, I am requesting that a representative from your Department of HUD, be dispatched to evaluate the effect this redevelopment plan will have on the livelihoods of the members of the communities targeted for redevelopment in Clarksville, TN, in particular, residents residing in the Red River District, Emerald Hill, New Providence area and Brandon Hill communities. Many of the citizens of these communities are not in a position to challenge the local leadership because of lack of knowledge, and failure of the local leadership to allow competent representatives to speak out on their behalf when and where it matters.”

Garland included a of attachments to the letter and asked for an expedited review of the request and the documents in response to “the dire situation here in Clarksville” Garland requested on site visits to the areas and residents that will be affected upon implementation of this redevelopment ordinance.

“The sanctity of the elderly population of the majority-minority community rests in your hands.” – Jimmie Garland Sr.

Garland forward copies of the letters and documents to the NAACP Tennesse State Conference and National Headquarters Civil Rights Division, The Department of Justice in Washington D.C., the State Attorney General’s Office in nashville, and General Counsel for the NAACP in Baltimore, Maryland.

In his supporting dicumentation, Garland cited a report, Victimizing the Vulnerable, by Dick M. Carpenter II, Ph.D. and John K. Ross of the Institute for Justice [06.07], which reads:

“As the numbers in the table indicate, the predictions of Justices O’Connor and Thomas held true: Losses from eminent domain abuse “fall disproportionately on the poor,” and particularly on minorities.35 Eminent domain project areas include a significantly greater percentage of minority residents (58%) compared to their surrounding communities (45%). Median incomes in project areas are significantly less ($18,935.71) than the surrounding communities ($23,113.46), and a significantly greater percentage of those in project areas (25%) live at or below poverty levels compared to surrounding cities (16%).”

From Garland’s Letters:

Background:
An organization, called the Downtown District Partnership (DDP) was established in 1999 to help revitalize the intra-city of Clarksville, Tennessee. Their mission was to ensure the uniformity of the reconstruction of our town following a disastrous tornado that hit our inner city in January of 1999. Since its inception, ordinances have been created to specify how signs are tobe displayed, where trees must be planted within an area, as well as other deliberate controls. In September of 2007, members of the Clarksville, TN city council approved an ordinance that allows the DDP, in concert with other arms of the local legislative body, to declare areas within the City limits of Clarksville to be blighted properties. (See App 02) The document authorizes the city council to take ownership of properties using the eminent domain clause and turn the property over to private contractors to make improvement under a tax incentive finance provisions umbrella.

During the past several weeks/months, residents of the affected communities have been very vocal in their opposition concerning the proposed ordinance. They cited the lack of proper notification of the pending ordinance, timing of the ordinance implementation, and the fact that their homes being part of the historic district does not garner their properties to be designated areas of blight. Residents residing in the historic district have acquired an attorney to assist them in their attempt to have the ordinance repealed. (See letters at APP 26).

Angry residents face off against the City Council (02/08)

The city council along with the DDP planned and hosted a meeting to receive input from residents of the areas designated as blighted. The public forum was held on March 21, 2008 at the Burt Elementary School located adjacent to the Austin Peay State University Campus, Clarksville, Tennessee. The purpose of the forum was to try to quell the concerns that currently exist throughout those communities, i.e. Red River District, Brandon Hill, Emerald Hill, and the downtown business and other properties., as they relate to the ordinance. The meeting was held in the cafeteria of the school, which limited the participation of not only residents of the targeted area, but inhibited the participation of concerned citizens from outside the district. (See App 27, Remarks by City Councilman Jim Doyle, and Marc Harris,).

The group of concerned citizens asked that their legal representative be allowed to speak on their behalf. Their attorney, Attorney John Summers, submitted the request to Mayor Johnny Piper on March 19, 2008. There was a prompt reply from the mayor’s office stating that no one would be allowed to speak at the public forum but concerned citizens were invited to submit written comments for council’s consideration.

Branch Concerns:
The local branch of the National Association for the Advancement of Colored People (NAACP) major concern is that Ward 6 is the only majority-minority ward that exist in the city of Clarksville, Tennessee. During our last census cycle, year 2000, we attempted to have an additional city ward designated as a majority minority ward but failed. Our requests failed because the lone minority representative serving on the city council voted against our requests for the declaration.

The current ordinance, as written, leaves very little speculation on what the outcome of the redevelopment of the areas targeted to be redeveloped would be if the ordinance were implemented as written. Several paragraphs throughout the document outline scenarios where properties do not have to be in a substandard state to be seize under the umbrella of eminent domain to complete a project. That is the most detrimental part of the ordinance. It leaves citizens without any real sense of protection concerning the status of their property, plighted or not, once developers express an interest in redeveloping the areas. The ordinance does not take into account the fact that many of the residents living in the targeted redevelopment areas are elderly minority residents, who are living on fixed incomes. If their properties are identified as unsuitable, they would not have the funds to make the necessary corrections. Therefore; establishing a policy and implementing the same to require them to return and/or maintain their properties to standards that are yet to be defined by the DDP, would be detrimental to their welfare and place an unethical burden on their meager means of survival.

Residential Concern:
In an article entitled, “Victimizing the Vulnerable”, prepared by Dick M. Carpenter II, Ph.D., and John K. Ross, of the Institute for Justice ,June 2007, it has been substantiated that, “trend among urban redevelopment strategies is to attract wealthier middle classes back to the inner city, typically resulting in the replacement of one population with another. Much of the research focuses on urban renewal, which generally refers to the set of redevelopment policies and projects used during the 1950s and 1960s to make room for downtown commercial development activities, more upscale residents, or both, by leveling “blighted” neighborhoods and displacing existing populations from central-city areas. Demographically, these displaced populations were disproportionately ethnic or minority Communities and/or low-income.”

Several residents of the affected areas have stopped me and inquired about the proposed plan. To date, my response has been that the document does not appear to be written to protect the owners of properties. Neither is its intent to assist residents in returning their properties to standards to be determined by appointed members of the board that has been created to monitor the areas targeted for redevelopment.

Coupled with the fact that the piece of legislation framed by the DDP and presented to the council for approval, a map distributed at a meeting held at Burt Elementary school during the month of August 2007, clearly shows APSU does have an interest in acquiring the properties in question. The fact that the ordinance declares all properties in the vicinity, with the exception of properties owned by APSU, as blighted also make the purpose of the ordinance suspect. (See App 06) In speaking with a resident from the Red River District, Reverend George Forte, “APSU acquired 75% of that community to complete it last campus redesign”. The belief of some of the residents of the Red River District is that they are now coming back to acquire the remaining 25%.

If this ordinance is permitted to remain in place, and if developers realize the sweetheart deal they are getting for investing in this area, it would gravely dilute the voting strength of the only majority-minority district within the city of Clarksville, TN. Regardless of whether or not the citizens vote, they will at that point not be able to elect candidates of their choice to represent the minority citizens of that ward. If the citizens vote, they will at that point not be able to elect candidates of their choice to represent the minority citizens of that ward.

Bottomline:

As president to the Clarksville Branch of the NAACP #5582, I am requesting that a representative from the Department of Justice be dispatched to evaluate the effect this redevelopment plan will have on the livelihoods of the members of the community targeted for redevelopment (Red River District, New Providence area and Brandon Hill communities. Many of the citizens are not in a position to challenge the local leadership because of lack of knowledge, and failure of the local leadership to allow competent representatives to speak out ontheir behalf when and where it matters. I have several attachments related to the information contained in this document that could be used as reference data. I am more than willing to send this resource disk to you for your information. Request your review of this document be expedited and we hope your response to the dire situation here in Clarksville TN includes an onsite visit of the areas and residents that will be affected upon its implementation. The sanctity of our elderly population of the majority- minority community rests in your hands.

Enclosed:

Copy of St & Gen Election Ward 6 ‘94
Copy of St & Gen Election Ward 6 ‘98
Copy of St & Gen Election Ward 6 ‘02
Copy of St & Gen Election Ward 6 ‘06
Resident Letter, Martha Hendricks
Resident Letter, Patricia Sharpe
Resident Letter, Walter & Cindy Marczak
Resident Letter, Lynne Garite
Resident Letter, Debbie Hunter
Resident Letter, Joyce V.
A Study Victimizing the Vulnerable, Dick M. Carpenter II, Ph.D., John K. Ross,
Institute for Justice ,June 2007

Additional Enclosures listed below are available at (the agencies contacted) request:
Resource Disc
App 01 Cover letter
App 02 Community Dev Changes Redev Plan 04-08
App 03 Clarksville TN Land Use Master Plan
App 04 LC article, on forum, 20 Mar 08
App 05 Clarksville Center Redev Plan
App 06 Austin Peay State University Master Plan
App 07 Austin Peay State University Maser plan Composite
App 08 Eminent Domain in TN ‘92
App 09 Eminent Domain, what is and how will it be applied
App 10 MTAS Advisory-CCRP
App 12 Montgomery County Voting Precincts
App 13 CCRP Letter
App 14 CCRP Letter 2, Final
App 15 LC_Mayor’s Game Plan article
App 16 Public Hearing Postcard
App 17 LC Ad, Block Grant Workshop
App 18 KCDC fieldtrip report-Rev.
App 19 Clarksville Redev Final Plan 04-08
App 20 Ordinance 73-2005-06
App 21 Timeline for Clarksville Center Redev Plan
App 22 Redev Area Districts 2006
App 23 Frequently Asked Questions_ District Ordinance
App 24 Clarksville City Wards
App 25 TN Redistricting Manual, 2000
App 26 Letters for residents of Emerald Hill
App 27 DVD, Public Hearing, 040508

The organization, Power to the People, in a complaint to the special litigation section of the DOJ, charges that children detained at the Chad Youth Enhancement Center are subjected to “horrid” conditions and “cruel mistreatment.” Located in Ashland City, the juvenile prison houses about 90 troubled youth between the ages of 7 and 17, a large number of whom are black.
Universal Health Care of King-of-Prussia, PA, owns and operates the Chad facility and Hermitage Hall in Nashville for 100 mentally disabled youth. Both facilities are licensed by the state of Tennessee, but youth from the state have not been sent to either of the juvenile prisons since the deaths at Chad.

The Chad Youth Enhancement Center and Hermitage Hall have been the subjects of recent exposes written by Nashville Scene reporter Elizabeth Ulrich in articles published Nov. 8 and Dec.13 of last year.

According to Ulrich, a counselor at Hermitage Hall used excessive force against a boy in 2006. Staff pulled the counselor off the boy before the child was injured. The counselor was later fired, but he was not prosecuted for battery, nor was Hermitage Hall punished or fined by state regulators.

In its complaint against Chad, Power to the People maintains that Linda Harris, a 14-year-old black girl from New York, was brutally beaten and choked to death in 2005 by counselors within a week of her arrival at the facility. A similar case occurred in 2007, according to Power to the People, in the fatal choking of Omega Leach III, a 16-year-old boy from Philadelphia, who died after he was attacked by counselors within a month of his arrival at Chad.

Among the allegations listed in Power to the People’s complaint against the Chad Youth Enhancement Center are:

• Excessive use of force by staff constituting “cruel and unusual punishment.”
• Cover-up or refusal by state officials to take the necessary action against Chad officials.
• Forced drugging and behavior modification of children by counselors.
• Excessive use of force with the controversial “Handle With Care” choke-hold restraint method, which has caused other deaths in addition to the ones cited in the complaint.
• Creating a climate of fear and intimidation to rule over the youth.
• Unlawful use of choking and other violence as a punitive device.

Power to the People has asked the Justice Department to:

1. suspend or end all federal funding to the Tennessee Departments of Mental Health and Developmental Disabilities and Children’s Services, which license Chad and Hermitage Hall;
2. sue Universal Health Care for “operating unsafe, abusive and criminal operations” at both facilities in violation of the U.S. Civil Rights of Institutionalized Persons Act, and
3. initiate criminal prosecutions for the deaths of the two children.

These complaints against mistreatment of juveniles at detention facilities were discussed at a community forum on the mass criminalization of black youth sponsored by Power to the People on Jan. 19 in Nashville.

Note: The Nashville Scene articles about Hermitage Hall and the Chad Youth Enhancement Center may be found on the Internet at:

* http://www.nashvillescene.com/Stories/News/2007/12/13/Bad_Medicine/
* www.nashvillescene.com/Stories/Cover_Story/2007/11/08/Handle_With_Care/

Power to the People! can be contacted at P.O. Box 60251, Nashville, TN 37206 or by e-mailing

This article was redistributed by Terry McMoore of the Urban Resource Center.