
‘Theocratic’ Fla. AG wants to use public dollars to fund religion
The Florida attorney general is FFRF Action Fund’s “Theocrat of the Week” for indicating that he will no longer enforce the state Constitution’s clear prohibition on public funding of religion.
Last week, Attorney General James Uthmeier issued a memo announcing that his office will not enforce the state Constitution’s ban on the use of public funds in the “aid of any church, sect, or religious denomination or in aid of any sectarian institution,” as outlined in Article I, Section 3, of the Florida Constitution. The memo puts forward distorted and historically inaccurate depictions of the First Amendment, claiming that it allows the government to “encourage” Christianity and that Christianity is constitutionally privileged. In response, FFRF Action Fund’s parent organization, the Freedom From Religion Foundation, sent a timely letter to the attorney general, demanding that he honor the rule of law and true religious freedom.
Uthmeier contends in the memo that none of Article I, Section 3 is constitutional and therefore cannot be enforced. Under Uthmeier’s guidance, Florida will ignore the will of the people and will allow taxpayer dollars to directly fund religion, funneling public funds into religious charter schools and scholarships for religious schools.
“Establishment and encouragement are not the same,” Uthmeier writes about the First Amendment’s Establishment Clause in the memo. “No Framer would have conflated the two. The First Amendment prohibits the former (at the federal level), but not the latter.”
Uthmeier continues relying on a distorted historical lens, “It is clear, then, that the First Amendment did not displace Christianity as the center of the nation’s religious identity. At the Framing, ‘the general, if not universal, sentiment in America was that Christianity ought to receive encouragement from the State, so far as such encouragement was not incompatible with the private rights of conscience, and the freedom of religious worship. An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation.’”
Uthmeier also specifically singles out the nonreligious in the memo, writing, “The First Amendment’s focus on religion was intentional: Actions motivated by nonreligious beliefs (be they philosophical, political, ideological, or social) do not receive the same protection. … The Free Exercise Clause does, of course, protect the right not to believe in any particular faith … but it does not privilege actions motivated by unbelief in the same way it privileges actions motivated by belief.”
The memo argues that the state’s requirement for charter schools, which, of course, are public schools, to be “nonsectarian in its programs, admission policies, employment practices, and operations,” is a “blanket exclusion of all religious entities” and violates the First Amendment.
“Florida’s Constitution rightly recognizes that ‘We, the people of the state of Florida,’ are ‘grateful to Almighty God for our constitutional liberty,’” Uthmeier writes in the memo’s conclusion. “That constitutional liberty includes the right for religious people and entities to participate in public programs and benefits like everyone else. Any law, or any interpretation of the state Constitution, that violates this basic right will not — consistent with my oath — be enforced or defended by my office.”
By removing total enforcement of the Florida Constitution, Uthmeier is encouraging religious groups to launch charter schools in the Sunshine State. Of course, watchdog groups like FFRF will be there to litigate any attempts at establishing unconstitutional religious charter schools.
Uthmeier has a history of ignoring the Florida Constitution to privilege Christianity. In December, FFRF criticized Uthemier for falsely accusing private companies, professional organizations and local governments of “anti-Christian discrimination” (including Microsoft and the American Bar Association).
FFRF Action Fund asserts that Uthmeier cannot pick and choose which parts of the Florida Constitution he wishes to enforce. He has a duty to follow the rule of law and abide by the state Constitution’s no-aid clause. His memo clearly indicates that the attorney general is willing to abuse his government authority to privilege his religion — wholly earning Uthmeier his “Theocrat” label.