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Contact: Jasmine Banks, jbanks@americanhumanist.org, 202-238-9088

(Washington, DC, December 27, 2022) – The American Humanist Association decries New York Governor Hochul’s decision to veto S7313A, a bill that would have non-religious recovery options for those mandated to attend recovery programs in New York. The bill passed the legislature with bipartisan support, and only needed the Governor’s signature to become law.

If it had been enacted into law, the bill would have required a court to ascertain whether a defendant had an objection to any religious elements of a substance use treatment program. If the defendant did object to a religious element of the program, the court would be required to identify an alternative, equivalent program.

Humanists, atheists, and non-Christians encountering problems with mandated religious-based programs has long been a known issue, and multiple court cases have affirmed secular recovery options as a constitutional right.

Nadya Dutchin, Executive Director of the American Humanist Association, states “Individuals involved in the criminal justice system should have the option to participate in rehabilitation services that are non-religious in nature – especially when mandated by the government. We know that an evidence-based program like SMART Recovery is an effective and holistically better choice for so many people’s lives. We absolutely want to ensure those struggling with substance use disorders can access help programs that are effective and free of religious propaganda.”

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The American Humanist Association (AHA) works to protect the rights of humanists, atheists, and other nontheistic Americans. The AHA advances the ethical and life-affirming worldview of humanism, which—without beliefs in gods or other supernatural forces—encourages individuals to live informed and meaningful lives that aspire to the greater good of humanity.

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The US Court has ruled that this case be remanded to the district court to “give it an opportunity to apply in the first instance the historical practices and understandings standard endorsed in Kennedy.”

While the Opinion states, “…the Supreme Court has definitively decided that Lemon is dead — long live historical practices and understandings,” the District Court did not tether its ruling to Lemon. If government action presents an obvious violation under direct precedent, history, or bedrock Establishment Clause requirements, courts may discard the disjunctive Lemon test for a more direct route.

Additionally, the AHA successfully defeated the American Center for Law & Justice and Trump lawyer’s argument that atheists lack standing to challenge government events that involve prayer.

“We see this as a major victory considering the hostile judicial climate we are currently faced with,” says AHA Legal Director and Senior Counsel, Monica Miller. “The lower court is asked to ensure our victory still holds up under the recent Supreme Court cases and it unequivocally does.”

The AHA originally filed the case on behalf of four Marion County residents in November 2014, regarding an hour-long Christian prayer vigil, organized and sponsored by the City of Ocala, its mayor, and its police department. Rojas et al v. City of Ocala, Florida et al (Case No. 18-12679) challenged the constitutionality of the vigil, which included prayer, religious songs, Christian sermons, and call-and-response style preaching. The event was held on a high Jewish holiday, offending many local Jewish citizens who could not attend.

The AHA won its lawsuit in the US District Court of Florida in May 2018. The District Court previously found that Ocala’s actions in leading and promoting a prayer vigil violated the Establishment Clause under any standard.

“The City of Ocala and its police department, as civil servants of the state, should never have exerted their influence upon the citizens they were meant to serve by promoting a singular religion and its practices,” comments AHA Executive Director, Nadya Dutchin. “We’re proud to have stood with the concerned citizens of Ocala, trying to preserve their constitutional right to freedom from religion.”

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The American Humanist Association (AHA) works to protect the rights of humanists, atheists, and other nontheistic Americans. The AHA advances the ethical and life-affirming worldview of humanism, which—without beliefs in gods or other supernatural forces—encourages individuals to live informed and meaningful lives that aspire to the greater good of humanity.

Special thanks to the Louis J. Appignani Foundation for their support of the Appignani Humanist Legal Center.

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“Mass shootings motivated by anti-Black racism, xenophobia, and conspiracy theories that pit community members against one another have been mainstreamed by far right-wing movements,” comments Nadya Dutchin, Executive Director of the AHA. “The events in Buffalo this past weekend are further evidence of the outcomes of a long-term political strategy, supported by the religious right, designed to foment racial anxiety, fear, and incite violence. Now, more than ever, humanist values of inclusion, mutuality, and free-thinking are necessary interventions.”  

As long as the myths of white supremacy are allowed to flourish within our institutions, people of color will be vulnerable to violence. It is our moral and ethical mandate to deeply interrogate how we can foster communities free of all forms of violence. The AHA also condemns the shootings in Texas, North Carolina, Wisconsin, and California this past weekend, following a horrifying trend of violence across the nation. AHA is committed to building a world where all people are included and safe. 

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“Access to safe and legal abortion is about more than reproductive choice and freedom. It is also about economic justice, racial justice, and our inherent right to self-determination,” comments Nadya Dutchin, Executive Director of the AHA. “This leaked draft shows us what humanists and the American Humanist Association have known; religious extremism continues to undermine good government and advance a bleak and regressive future.”

The AHA urges elected officials to act now and protect the rights of their constituents. We must end the filibuster and codify Roe to restore the people’s trust in their elected officials. Extremist minority rule is a threat to realizing an inclusive democracy. 

“Overturning Roe has broader implications that would increase ongoing threats targeting LGBTQ+ people, contraception access, and marriage equality. The same rationale and strategy that Alito outlined in this draft opinion could be used to undo years of progress our movements have made toward a truly inclusive and pluralistic society,” concludes Dutchin. 

Although the draft gives insight into how some justices may be looking at this case, it is important to remember that abortion is still currently legal in most states. The AHA will continue to fight to protect reproductive rights through our policy work. Please also consider supporting local abortion funds to help remove barriers to abortion access for people seeking care: https://abortionfunds.org/

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“To realize a truly inclusive democracy, we must reject the myth that the United States was founded upon Judeo-Christian values,” comments AHA Executive Director Nadya Dutchin. “We are disappointed in the Supreme Court’s decision to support the continued erosion of separation of church and state.”

The case involves a group that was denied permission to fly a “Christian flag” at city hall, claiming that this decision unconstitutionally silences their speech. The city of Boston has argued that their practice of allowing outside groups to fly their flags amounts to speech by the city and that they need to be able to choose which flags it wants to fly. 

The AHA signed onto an amicus brief filed in the Supreme Court in December 2021 in support of the City of Boston and joined a friend of the court brief in 2020 when the U.S. Court of Appeals for the First Circuit heard the Shurtleff case. 

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Arrested at his home in Nigeria’s Kaduna state on April 28, 2020, Bala was subsequently transferred to Kano state, where a complaint had been filed based on the aforementioned Facebook posts, which the court judged to be insulting to the Prophet Muhammad. 

Bala’s case was marred by procedural irregularities that have obstructed his right to a fair trial, including the routine denial of access to medical care and his legal team, being held without charge for 462 days, and the repeated failure of Kano State Authorities to comply with orders from higher courts. 

The AHA is deeply concerned that Bala may have pled guilty to the charges contrary to the agreed-upon legal strategy. Alongside international partners, the AHA believes Bala was subjected to intimidation or was tricked into pleading guilty for a lighter sentence. Additionally, there are reports of threats to Bala and his loved ones. 

“This is a very sad day for humanists around the world and we are working together with the global humanist community and government officials to support Mr. Bala and his loved ones,” commented AHA Executive Director Nadya Dutchin. “Freedom of religion or belief must extend to all people, including humanists, atheists, and freethinkers–like Bala–who seek to peacefully exercise their rights of expression.” 

In 2020, both chambers of the United States Congress adopted resolutions calling for the global repeal of blasphemy, heresy, and apostasy laws. Earlier that year, Bala’s case was adopted by United States Commission on International Religious Freedom (USCIRF) Commissioner Frederick A. Davie, as part of USCIRF’s Religious Prisoners of Conscience Project. Additionally, USCIRF recommended Nigeria be designated a Country of Particular Concern in their Annual Reports in both 2020 and 2021, which the AHA supports. 

The AHA will continue to work closely with the US Congress, the State Department, USCIRF, and international partners to uplift Bala’s case and argue for his immediate and unconditional release.

“We urge the Nigerian government to immediately and unconditionally overturn Bala’s sentence and conviction, release him, and ensure his safety and his family’s safety after doing so. The global human rights community is watching,” concluded Dutchin.

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The AHA unequivocally supports the rights of students to protest and strongly disagrees with the article’s repeated calls for “civility.” Student protest has long been a critical piece of activism in this country and we must protect and respect it. The AHA rejects the article’s admonishment of a lack of “civil discourse.” Protests are a meaningful and effective form of discourse, and to demand civility is to misunderstand the purpose of the protest and prioritizes the comfort of those in power rather than lifting up the voices of those seeking justice and redress. 

Conservative media, including the Daily Mail article, have presented a skewed version of these events that only furthers the fear-mongering myth that there is unjust liberal censorship happening at our colleges and universities. 

We applaud the students who participated in the protest for calling attention to Alliance Defending Freedom’s ongoing assault on LGBTQIA+ rights, and we will continue to defend their right to do so. 

The AHA will always stand in solidarity with the LGBTQIA+ and traditionally marginalized communities to fight for equity and justice in the face of violence and systemic oppression.

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