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THEIST

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Vo1.6: No.8 and

August-September

1964

Double Issue: One Dollar

"

"NO CATHOLIC MAY POSITIVELY AND UNCONDITIONALLY APPROVE


OF THE POLICY OF SEPARATION OF CHURCH AND STATE."
------MSGR. O'T90LE, CATHOLIC UNIVERSITY, WASHINGTON. D. C.

"THE CATH~LlC CHURCH MUST BE THE BIGGEST CORPORATION IN THE


UNITED STATES . OUR ASSETS AND REAL ESTATE HOLDINGS MUST EXCEED
THOSE OF STANDARD OIL, A.T. & T., AND U. S. STEEL COMBINED."
------FATHER
RICHARD GRIDER, WIDELY KNOWN CATHOLIC

"WITH PRUDENT MANAGEMENT. THE CHURCHES OUGHT TO BE ABLE TO


CONTROL THE WHOLE ECONOMY WITHIN THE PREDICTABLE FUTURE:'

PRIEST
I

------REV. DR. EUGENE CARSON BLAKF BLAKE. CHIEF ADMINISTRATIVE OFFICER


OF THE UNITED PRESBYTERIAN CHURCH.PAST PRESIDENT OF THE NATIONAL
COUNSEL OF CHURCHES

"THE MOST EFFECflVE WAY TO ESTABLISH ANY INSTITUTION IS TO


FINANCE IT; AND THIS TRUTH IS REFLECfED IN THE APPEALS BY
CHURCH GROUPS FOR PUBLIC FUNDS TO FINANCE THEIR RELIGIOUS
SCHOOLS. FINANCING A CHURCH EITHER IN ITS STRICTLY REUGIOUS
ACTIVITIES OR IN ITS OTHER ACTIVITIES IS EQUALLY UNCONSTITUTIONAL, AS I UNDERSTAND THE ESTABLISHMENT CLAUSE."
"'-WILLIAM

O. DOUGLAS, SUPREME COURT ASSOCIATE JUSTICE

THIS ISSUE, REVIEW AND DISCUSSION OF THE CHURCH TAX CASES

'

'In This Issue ..


The Church Tax Cases

Introduction

Tax The Church (Property) Case.


Personal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Motivations for Litigation.

Review of the Progress

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Suit . . . . . . . . . . . ..

The Theory and Status of Suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Testimony Given at the Tax The Church (Property) Trial.

. . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . ..

.14

Problems and Difficulties


Appeal:

of the Tax The Church (Property)

in the Church Tax Cases.

What You Can Do to Assure the Success of the Church Tax Cases

Unrelated

Business

Personal

...

. . . . . ..

Deduction Suit. . ..

19

Motivations for Litigation.

Status of the Unrelated Business

18

. . . . . . . . . . . . . . . . . . ..

Deduction Suit.

. . . . . . ...

19

. . . . . . . . . . . . . . . . . . . . ..

19

The Strategy and Theory of the Suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

19

"Church Business"

21

--From the Wall Street Journal.

. . . . . . . . . . . . . . . . . . . .

United States Supreme Caurt Prayer and Bible Decision,


Supreme Court Associate Justice William O. Douglas, Concurring.

. . . . . . . . . ..

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

26

More on Pearl Cline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

29

Those Religious

Magazines,

Autobiograph

Ralph Blois.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

The Scarlet Letter.

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

30

Ye G>ds! . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

31

Concerning

Divine Inspiration

and Relevation,

Stephen L. Burglund . . . . . . . . . . . . . . . . . . . ..

More on Kenneth Klinkert, Avowed Atheist, Candidate

U.S. Senate

32
33

Youth Section, Edited By Steve Wagner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

35

Letters

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

41

to the Editor.

Advertisements.

Proposed Amendment to Add "Under G>d" to the Constitution

Preamble

.........

Lemoin Cree, Editor-in-Chief


I Marian Walker, Assistant to the Editor I
Rolph Blois, AI Stohl, Robert Anton Wilson, Associate
Editors I Steve
Wagner, Youth Section Editor I Lou Alt, Stephen Burglund, Pearl Cline,
Gus Goltz, Leonard Kerpelman, Virgil McClain, Stewart Smiley, Contributing Editors I Maria Cree, General Manager I.

Publisher~.THE FREETHOUGHT SOCIETY OF AMERICA, INC.


Printed by..

GUSTAV BROUKAL FREETHOUGHT PRESS.

The American Atheist is published monthly 11 months


per year (August - September combined) by the Freethought Society of America, Inc., a non-profit, non.
ool itic al , educational corporation.
Publication office
is at 2502 North Calvert Street, Baltimore, Maryland
21218.
Subscription rate is $5. a .year. students $3.
Second class postage paid at Baltimore, Maryland.

Back Cover

The American Atheist

Baltimore,

Maryland 21218

The time could not be better to seek the aid of the


Court in establishing

complete and utter separation

of

church and state, thus permanently baring any possibility of outlawing neutralism towards religion or toleration 01 Atheism.

THE CHURCH

As Justice

best way to establish

Douglas has said, the

an institution

is to finance

it.

Therefore,

the answer to this dilemma is the church

tax cases

now pending.

TAX CASES

INTRODUCTION
The writing on the wall is clear: the court has all
but spelled

out that

tax exemptions

granted

to the

church on its property and on its income from businesses


Last
tion

month we presented

indicating

that

there

considerable

is

growing movement

to outlaw neutralism towards religion.


Senator Boggs

(R, La)

informa-

proposed

Just this month

unrelated

stitutional

function are uncon-

ment Clause.
We are confident once we reach the
United States Supreme Court we will win a favorable
decision

a Constitutional

to its religious

because they clearly violate the Establish-

in the church tax cases.

amendment that would add the words "under God" to


the preamble of the Constitution.
new statements
encouraging

Pope Paul has issued

linking Atheism WIth communism and

intolerance

of Atheism (let us hope that

It is our purpose here to explain and set forth the


theory of these two cases
progress

in each case

in clear terms, to report the

and the special

he never goes as far as Pope Leo and announces that

difficulties

it is not a sin to murder an Atheist

merits of the other side, and to outline the future course

but a duty).

we have encountered,

problems and

to give the

argu-

of action.
A movement to outlaw neutralism
and encourage intolerance

towards religion

of Atheism is in itself alarm-

ing in a democracy such as ours.

Even more frighten-

ing is that the church is gaining an even tighter grasp


on our economy so that in the predictable

future, should

no bars be thrown in its way, it could gain control of


our economy and be in apo sition to enforce laws outlawing neutralism

towards

religion

or tolen tion

of

Atheism.

There are two church tax cases


city of Baltimore, Maryland.
against

Louis L. Goldstein,

now pending in the

The first case is a suit


Comptroller of the Trea-

sury of Maryland, to force the church to pay taxes


its real property.

This suit is known as the TAX THE

CHURCH (property) suit.

The second case is a suit

against the Internal Revenue Department of the United


States to force the church to pay taxes on income from
that real property and all other income from businesses
owned and/or operated by the church and unrelated

Therefore,

as the movement to outlaw neutralism

towards religion and the efforts by the church to gain


control

its religious

function.

to

This suit is known as the UN-

RELATED BUSINESS DEDUCTION suit.

of our economy gain momentum, it becomes

increasingly

imperative that the struggle for Religious

These two church tax cases

can end the abuse by

Freedom (freedom from as well as ill religion) be stepp-

the church of our tax. systems.

ed up and effectively

major importance with far reaching implications.

is now.

on

directed.

The time for action

The current United States

Supreme Court is

without question the most liberal court in our history,

August-September, 1964

cases

They are litigations

will be known as milestones

relations.

of

These

in church-state

Let us examine each case.

Page 1

The American Atheist

Baltimore,

Maryland 21218

REVIEW OF THE PROGRESS OF THE


TAX THE CHURCH (PROPERTY) SUIT

TAX THE CHURCH


PROPERTY

CASE

PERSONAL MOTIVATIONS FOR LITIGATION


Although it is widely known that of the 30% of all
real property (including huge government holdings)
that is tax-exempt, the church owns about one-third,
it is .seldom mentioned that churches are usually located on the choice st corners and the best sites for
bus inesses. Being aware of these facts, we have entered the TAX THE CHURCH (property) case because
we feel that our conscience has been violated in that
we are forced to support institutions in which we do
not believe. Through the tax exemption now granted
to the church on its property, it receives gratus an endless list of government services and protections for
which we must pay. The non-religious organizations
to which we .belong+do not receive this aid; therefore
although our organizations, in our opinion, make, or
could make a far greater contribution to society than
the churches, they. are .financially unabl~ to compete
(e.g. buy air time) with the church .. .Inshort, ,we object to the tax exemptiori granted to the church on its
real property because not only does it violate the
Establishment Clause a the Constitution, -but, in our
opinion, the benefits returned to society by the church
do not jus tify thi s tax exemption. Since the Freethought
Society of America has .intervened as co-plaintiffs
(along with Lemoin and Maria Cree), the personal
reasons for entering the suit are, as many and. varied
as the members 'of the organization. This is not a one
man show, but a suit belonging to and paid by a large
number of people interested in a better society ..
Page 2

This suit was filed in October of 1963 at the advice


of the Board of Directors of the Freethought Society
of America (8.S.A'> in behalf of Mrs. Madalyn Murray
and lier mother, Leddie Mays (a tax-paying property
owner) The suitwas filed by Mr. Leonard J. Kerpelman,
in the Circuit Court No. 2 of Baltimore City against
Louis L. Goldstein, Comptroller of the Treasury of
Maryland. The expenses were paid by F .S.A., (and
Other Americans, Inc.) and Mr. Kerpe lman., Corporation
Counsel, handled all the details, including the planning and coordinating of supporting suits in other
states.
Both sides mutually agreed to a number of postponements of the trial (or hearing) to provide time for adequate preparation so. that the act ual first hearing did
not occur until July 1,1964. Shortly, before that time,
(June 21),Mrs.Murray jumped bail and fled with her
I family to Hawaii nearly causing _the suit to lapse
inU;oblivion (discussed at .length in the July issue
of this magazine) . In an emergency meeting of the
Board of Directors Mrs. Murray :was relieved of her
duties as president and editor of the Freethought
Society of America (and of Other Americans: .Inc.) .
a sister corporation). At the same meeting your editor was elected as president and appoiritededitor of
both corporations.
Fortunately, your editor and Mr.
Kerpelman, the c rrporation counsel, acting in a joint
effort were able to prevent the state from throwing the
case out (also discussed at length in the July issue).
At th~ July 1 hearing, in an effort to s ave the case and
assure its continuation, ,we petitioned the court to add
the names of Lemoin 'and Maria Cree and the Freethought Society of America as co-plaintiffs
to the
suit. At the hearing your editor testified as an Atheist,
and as a tax-paying property owner objecting to being
forced to support institutions in which he. does not believe. Unless this appearance as witness had been
made and testimony given; the case could not have
continued.
August-September, 1964

The American

Atheist

A few days after the hearing, apparently because we


had intervened as additional co-plaintiffs, thus depriving Mrs. Murray of her grandstand grab for glory
she attempted to fire Mr. Kerpelman from the suit (for
disloyalty )but found that she could not because he is
the corporation counsel acting at the request of the
legal board rf directors. This action, on her part, was
ironical because the addition of co-plaintiffs to the
suit, including the society so that all of the members
have a direct part in the suit, was an action absolutely
necessary for the continuation of the suit. The result
was that Mr. Kerpel man, recognized in legal circles as
the most skilled and dedicated lawyer in the field of
church-state separation, no longer represented Mrs.
Murray in the suit but only the new co-plaintiffs.
As
discussed in the July issue it is quite certain that Mrs.
Murray will be dropped from the case by the state.
On July 31, the brief (memorandum of law) as required by the judge was submitted which summarized
our position and arguments at the hearing. It is a highly informative document and will be presented in part
by Mr. Kerpelman in this issue.
On August 10, Judge Barnes issued the following
order officially adding us as co-plaintiffs to the suit:
RE: Murray, et al vs. Goldstein, et al
Chrcuit Court No.2 - No. A38851
Gentlemen:
Enclosed is a copy of an Order of Court filed
today in the above-entitled case granting leave to
Lemoin Cree and Maria Cree, his wife, and Freethought
Society of America to intervene as additional parties
plaintiff to file their Interlienated Amended Bill of
Complaint (copies of which you have), providing that
the Answers of the Defendants be deamed refiled as
Answers to the Interlienated Amended Bill of Complaint
with leave to each Defendant, if so desired, to file a
Supplemental Answer on or before September 25, 1964.
Very sincerely yours
Wilson K. Barnes
Judge

August-September,

1964

Baltimore,

Maryland

21218

Opinion of the judge will be rendered in late September. Naturally, we expect to lose. No matter who wins
the losing side will immediately appeal this decision
to a higher court, the state appellate court. Then we
feel that we are well on our way to the United States
Supreme Court, where the issue should properly be
settled.
As stated, once there--the
real problem is
getting there--'We expect to win.
Mr. Kerpelman is on his five-day vacation with his
family in West Virginia. Mr. Kerpelman and his family
sojourned overnight on their way to West Virginia at
your editor's home located between Middletown and
Boonsboro, Maryland, so that they could see the property that is a part of the TAX THE CHURCH (property)
suit.

THE THEORY AND STATUS


OF THE

TAX

THE CHURCH

(PROPERTY)

SUIT

LEONARDJ. KERPELMAN
On the top of South Mountain in Frederick County,
Maryland, stands a 150 year old house located on three
acres at a crossroads in American history: the junction of the famous Appalachian Trail and the Old National Road. Indians, British, and American Colonists
each busy with the affairs of their time went this way.
The oil National Road goes by the door yard, standing
eastward of the Cumberland gap just as it did when it
was the first wilderness road to the west. As this soil
is worked in gardening, buckles, bits of iron, and minie
balls are found by the score for in the Battle of South
Mountain several thousand young men died, soldiers in
one of the most hotly contested actions of the Civil
War--and prelude to the bloodiest, Antietam.
Now once again history passes

by these fabled

acres of land. Lemoin and Maria Cree, owners of the


South Mountain property, are tax payers to the State of
Maryland. Maryland has, for ages past, in spite of the
prohibition in its state constitution that "".. nor ought
Page

The American

Atheist

any person be compelled ... to maintain or contribute,


unless on contract .... to any place of worship or any
ministry", and in spite of the prohibition in the Federal constitution that "(Maryland) shall make no law
respecting an establishment of religion", given a handsome tax exemption, worth approximately twenty million dollars annually, to the groups and congregations
owning church property.
The Crees have protested, along with Freethought
Society of America, owner and taxpayer on the building housing its offices in Baltimore, {Editors Note:
This is corporate property belonging to the supporters,
members, and subscribers of F.S,A. (and Other Americans, Inc.), Therefore, it should be pointed out that
the credit and responsibility of this suit is equally
and justly shared by each and every member of this
organization just as much as it is by the Crees.)
The protest has been effectuated through the case
of Lemoin and Maria Cree, Freethought Society of
America and Others (including a parrot-like entity
which is presently confined, due to bad manners and
bad luck in becoming housebroken, to a far-off island,
where it scruffles about its cage and squawks repeatedly "Athei st- Persecution, Athei st- Persecution")
vs. Louis L. Goldstein, Comptroller of the Treasury of
IvJ aryl and.'
The constitutional theory of the present suit has
been fully set out in the Supreme Court's Opinion in
the Schempp-Murray cases (Schempp v. School District of Abington Township, and Murray v. Curlett, 83
U.S. 1560). There, the Court had much to say on the
nature of the separation which the federal Constitution
requires between church and state. The absolute extent and distance at which that separation must be
maintained is clear.
QUOTEDFROMTHE TAX.THE CHURCH(PROPERTY)SUIT
BRIEF

Baltimore,

Ftnt.

Maryland

7,374,

21218

U.S. 216,

"Religion
is eminently one of
these interests
(which is left by any
free government to individual enterprise and individual action) and lies
outside the true and legitimafe province of government".
{Quoting Board
of Education v. Minor 23 Ohio Street
211 (1872)."
374 U.S. 216,
"(T)his Court has rejected unequivocally
the contention
thlt the establishment
clause
pohibits only
governmental
preference
of on: rei igion
over another .... There is no answer to
the proposition
that the effect of the
religious [reedorn Arne ndment ..... was to
take every form of propoqotion of religion out of the realm of things which
could directly or indirectly be made
public business
and thereby supported
in whole or in part at taxpayers'
expense.
This freedom was first in the
forefather's
minds; it was set forth in
absolute terms, and its stre nqth is its
rigidity ...
"The (First) Amendment's
purpose was ... to create a complete ... separation of religious activity and civi I authority by comprehensively
forbidding every form of public aid ... for
reliqiom l..
"These conclusions
have been
long established
and consistently
reaffirmed.
(The) contentions
(of those
who question their history, logic and
efficacy) seem entirely untenable,
and
of value only as academic exercises.
At. 374 U.S. 218,

The Supreme Court said:

Page 4

"(The First Amendment) requires the State to be neutral in its


relations with groups of religious and
non-bel ieve rs."
Auguet-Seotember,

1964

The American

374 U.S. 229,

Athei st

Baltimore,

Maryland

21218

374 U.S. 219,

. "This Court has given the amendment a 'brood interpretotion ... in the .Iight
of its history and the evils it was designed
forever to suppress.'"

"Separation
is a requirement to
abstain from fusing functions of government and of religious sects, not merely
to treat them all equally."
(Functions
such as fund raising, for example.L.K.)

374 U.S. 220,


"Neither (the State nor the [e de rcl
government) can constitutionally
pass lows
or impose requirements
which aid all religions as against non-be lievers."

374 U.S. 221,


"(In Enqel) the Court found that
the 'First and most important purpose (of
the Estabfisffrnent
Clouse) rested on a beIief that a union of government and rei igion
tends to destroy gove rnment and to degrade
rei igion.'"
"(The Establishment
Clouse prohibits) that official support of the State or
Fed! eral Government
be placed behind the
tenets of one or of a II orthodoxies ... _"

274 U.S. 222,


"(T}o withstand the strictures
of
the Establishment
Clouse (as to legislation) there must be a secular legislCltive purpose and a primury effect that
neither cdvcncs IS nor inhibits religion. "
(Does tax exemption ms et this test?-L.K.)

274 U.S. 226,


"The place of religion in our
society is on exalted one achieved through
o .;!'Igtradition of rei iance on the home,
t~~ church and the inviolable citadel of individual heart and mind. We have come to
recognize ... that it is not within the power of
government to invade that citadel, whether
its purpose or effect be to aid or oppose, to
odvcnce or retard. hi the relcitionship between rnonend religion, the stote is firmly
committed to a position of-neutrality.'"

The language quoted above would seem to leave


little, if any, argument against the proposition that
the Crees and the Society are correct; that a tax
exemption granted to a church on its real estate
IS unconstitutional.
The Schempp=Murray
cases, of course related
to school prayers. The subject of this exemption
has never been treated by the Supreme Court per se.
The subject has however reached innumerable
state courts.
These courts have uniformly held
that the tax exemption statutes are fully constitutional. I' will not argue the rationale of these decisions. Rather, I will quote Father Joseph Drinan
Dean of the Boston College School of Law, a man
at once liberal, Catholic, and, according to the
lights of his faith, scholarly.
He has examined
all of these cases, and in a recent book stated
that he could not, in all of them, find one sufficient 10gical reason to support any of these decisions.
In my own OpInIOn, the best, argument, from a
forensic point of view at least (for, as I hope you
will see, it is not really. a :fully satisfactory argument) is one which was presented to the Court by
one of the defense lawyers' at the recent hearing
on the Cree case.
The argument goes, that the power to tax ~
church is the power to destroy it, and that a house
of worship, or "the minister in his pulpit, It as it
was put, cannot be hindered by a tax; that not only
is a house of worship entitled to an exemption, but
that, because of the congregation members' right,
under the First Amendment to free exercise of religion, th~ house of worship in which they practice
their religion.is
entitled to complete immlJ.fli~yfo!
..~:;"'\'.i
,'? 1~ """:.~:~"
taxation.
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August-Septemoer,

1964

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The American Atheist


I think this argument is the one which will be
emphasized throughout the future course of the
case. It is an artful argument, it can be embroidered and elaborated endlessly, and yet, I feel that
the a~ument is more artful by far than substantive.
QillTED FROM THE TAX THE CHURCH (PROPERTY) SUIT
BRIEF

It would be supposed, that if the immunity proposition is logical, it would follow that there would be no
Iimitation on the grandiosness of construction to which
the immunity would apply. Thus, bona-fide worshipp, ers, of an exceedingly wealthy group could then construct a building to be used exclusively for worship
which befitted their exalted economic status.
Wealthy
members all, they could build magnificently and having
builded, could step back in awe, to justly admire what
they had done.
Then, just before re-entering
the
beautiful and dazzling structure, they could turn to
passers-by
in the street. One such passerby might be
a policeman. "Guard us well," they would say; "much
wealth lieth herein".
To a passing fireman, "Be ever
alert, this building is dedicated to the glory of God; do
not let it burn" . To the telephone man, the gas man
(representing quasi -publ ic corporations, (publ icly subsidized in various ways ), to a sewer worker, the road
bui Ider, the water-main maintenance man , "Serve us ,
serve us. We serve God" . To the publ ic school teacher, the judge, the alderman, the public official. all of
whom may well have come to see what was so worthily
constructed, could be said, "Come, look, pray, but on
the morrow, work diligently that society may continue
so our gorgeous edifice fall not into disuse".
The illustration
is scarcely far-fetched.
Many
churches, obviously are built by wealthy congregations.
Just as obviously, many churches are built by struggling
poor congregations.
Yet the members of the poor
churches, and of no churches and there are of course

"

vast numbers of these, are called upon by the tax


assessor to provide public services to the members of
the rich. Does this paradox exist? If it does not, the
Plaintiffs would have no case even if the country were
composed entirely of church members. In a study conducted by the Baptist Joint Committee for Public Af-

Baltimore,

Maryland 21218

fairs, it was found for example in studies made in


several city areas, that property of one major sect
usually averaged about 9 times, in value per communicant, that owned by another major sect. (Study Papers
for 1960 Conference on Religious Liberty, published by
The Baptist Joint Committee for Public Affairs, Washington, D.C.). This is, of course, hardly a surprising
fact, nor is it a shocking one.--It
is a fact of life
rather, which is well known, that some build more expensively than others--in
mortar and stone; at least.
Within counsel's own religious sect, the phenomenon
is so well known as to have acquired a (:;elf-critical)
slang' appellation,
namely, "The Edifice Complex".
,There is truth in the jest, for many feel-drongly
that grand buildings do not make for a grand theology
or a grand morality; many feel, in fact, that the contrary is true.
Nor, it seems, can it seriously be contended that it
is fair to freely call unlimitedly upon om 's fellow taxpayers to support these grandiose edifices.
If that is
what .is meant by free exercise of religion, it is, it is
submitted, a new c.oncept, which has never been proposed before. That one way, in the exercise of this
freedom call for indirect, though substantial financial
support for one's enterprise, in unlimited amounts, from
one's fellow citizens, is scarcely believed to be a
reasona ble interpretation of "free exercise".
Such an
encouragement to religious communities, it is submitted also, to live beyond their means by exacting contributions from others, is not, it would seem, to the
long range advantage of either the particular rei igious
community which benefits t nor to the mass of taxpayers
which is burdened. It should be pointed out for it is a
matter which cannot be lost sight of-that this burden
does not Iie on non-church members only. Except for
the highest spending (per communicant) sect, all others
are burdened in reverse proportion to the extent to
which their sect spends for building (speaking, again
of mortar and stone, not philosophy, nor religion, nor
spirituality}
Encouragement to live within one's own
means is an old-fashioned,
Franklinian, sort of a virtu e, it is true, but in other times and in other societies
it has been found disadvantageous
to allow concentration of economic wealth in the hands of the church.
Yet, one hardly feels one is expressing
a radical
sentiment in stating that for Americans' , for America ,
such concentration is likewise bad.
August-&ptember,

1964

The American

Atheist,

Dr. Eugene Carson Blake, a noted Presbyterian, for


many years head of the United Presbytericn Church in
the U.S.A. writing in "Christianity Today, August ,
1959, seemed to have a greater fear. He stated, "100
y~ars f~m now the present pattern of religious tax exemption by federal, state and municipal authorities; if
continued, may present the state with problems of such
magnitude that their only solution will be revolutionary
expropriation of church properties."
He also said, "(T}ax exemptions which are proper
when churches are small, poor and weak, may have
highly unfortunate results to the churches and to the
society when churches hav~ grown large and rich.
In other words, the power not to tax, could, in Rev.
Blake's opinion, be the power to destroy-not only the
churches, but society's rightful structure.
Rev. Blake's points would seem to be well taken.
As the American economy forges ahead, and the proportional comparison of the federal budget as against
private expenditure of all sorts increases, as it has
done for a considerable broad period, (as military,
educational, recreational, welfare, highway, farm stabilization, governmental operational, etc., budgets increase their proportion as compared to private expenditure) .. the burden on the individual taxpayer becomes
larger. More and more the p ressure becomes urgent
for a fair and equitable distribution of the tax burden.
More and more, need and justice will require that special exemptions and special tax favoritism be abolished
so thot every taxpayer bears his share; not substantially more not substantially less.
And the need is
growing ever more pressing, whether the taxpayer in
volved is John Doe, or a great business corporation
such as General Motors, or whether he is The Small
Neighborhood Gara~, Inc., or a grel t corporate religious community much beloved by all.
The point is not our love; the point rather, involves
economic viabi Iity for non-immune tcxpa yers, whether
loving or not.
Polygamy is not protected by the Free Exercise
Clause. See Cleveland v. U.S. 67S. Ct. 13, 329 U.S.
14, 91 L. Ed. 12. (1946)
August-September,

Baltimore,

Maryland

21218

For as stated in Schempp-Murray 374 U.S. 310


(paraphrasing), freedom to bel ieve is absolute;.int.h~
nature of things, freedom to act cannot be.'"

As with polygamy, so with profligacy, especially


with other people's money. One cannot by logic, demand unquestioning firn ncicl support 'to) a non-tax
payer under the guise of a tax deduction or exemption,
when every other beneficiary of tax legislation is required to share the tax burden. Otherwise we have
class legislation-legislation
for the benefit of one
specific class, or the taking of private property (taxes)
for non-publ ic purposes (to supply pol ice and fi re prof! ction, governmental and public services to churches).
Under either theory, the legislation is unconstitutional,
unless the beneficiary serves some public pose.
But nothing is more private than conscience, and
religion is a matter of con; cience,
Or, on its own
foundation, nothing is more private than religion. It
does not serve any cognizable public purpose. The
realm of belief and private worship is withdrawn from
the governmental purview. The offering of rei igious)
services cannot be a public purpose.

According to the theory advanced by the Free exercise argument, if the Free Exercise Clause provides immunity from taxation of a house of worship, it likewise
provides the same immunity to the other objects of the
protection of the First Amendment, namely, places of
freedom of the press, of freedom of speech, and of
freedom of assembly.
I am sure that the New York
Times., or the Herst Corporation for example, would be
happy to think that it has for many years been erronerously paying real estate taxes on the buildings housings its presses, and on the buildings housing its television transmitting faci lities. I am sure that many an .
owner of a public hall would be happy to know that it
has performed the same error in paying its taxes when
such buildings are used as exclusively for public assemblies as any church is used for public worship.
likewise with printing plants, large and small.

1964

Page

Jll

The American Atheist


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It is frequently asked naively but sincerely, how


Mary-landand other tax statutes can grant exemption to
the real property of hospitals, schools, volunts er fire
companies, cred it unions ~ works of art, Boy Scout's
property, dwell ing houses of disabled vete rans, vessels in interstate commerce, etc. (Ses Art. 81 Sec. 9(1)
-9(44} Maryland Code} if these sn tutes CJ nnot constitutionally grant such exemptions to religious houses
of worship. The clear lega~ answer is that ell of these
institutions serve a publ ic purpose. Financial assistance to them is supportable under the "general .welfare" powers of the Legislature. No such support as
these tax exemptions is anywhere prohibited by constitutional provision.

But aid to religion, and aid to religion clone is prohibited. The Maryland Declaration of Rights, Art. 36
provided "(N}or ought any person to be compelled to
frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship or any ministry; ... Very absolute language.

. Baltimore,

Maryland 21218

The First Amendment to the United States Constitution says "(Maryland) shall make no law respecting
an establ ishment of rei igion .... " An establ ishment of
fire protection is not prohibin d, an establishment of
education is not prohibited, an establishment of hospital services is not prohibited, but an establishment
, of religion is prohibited.
Benjamin Franklin said that churches which cannot support themselves, or obtain God's support, and
must turn to the gQvernment, are not very good churches.

The author agrees with Franklin and with the Supreme Court's holding in Schempp-Murray, and has no
doubt but that the tax exemption statute under consideration, though ancient, was unconstitutional. When
passed, is unconstitutional now, and should be declared unconstitutional for the future.
Copyright 1964 by the author.

Religion Is Regarded By
the Common People as
True, By the Wise as False,

and By the Rulers as'Useful.

Page 8

August-September,

1964

TESTIMONY AT THE TAX- THE CHURCH(PROPERTY)

TRIAL

In the circuit Court No. 2 of Baltimore City


Case:ft 38851(TAX THE CHURCH(property

Testimony of
Lemoin Cree

(not sworn). having been affirmed to tell the truth. the whole truth. and nothing but the truth. was examined
testified as follows:
THE BAn.IFF:
THE WITNESS:

State your name and address.


/
My name is Lemoin Cree. my address. Route 1. Middletown. Frederick County
Maryland.
DIRECT EXAMINATION

By Mr. Kerpelman, Corporation Counsel:

Q.

What is your employment or profession


I am a research biologist in Frederick. Maryland.
Do you specialize in some particular field of Research Biology.
I have been working in micro-biology.
Who is your employer.
Fort Detrick . Frederick. Maryland
You work for the Federal Government.
Yes. that's right.
How long have you been a resident of Frederick County.
For over three years.
Do you own property in Frederick County. And how is it ordinarily designated,
It is under both my wife's and my name. It is a rural property located on South Mountain in Frederick
County on Route 40 Alternate (the old National Road). and it is under the jurisdiction or within the city
limits of no town. Our taxes are purely County and State.
Have you paid these taxes for 1963 and for 1962.
Yes.
When did you purchase the property.
In 1961
Do you have any children. And do you reside on this property ordinarily.
Yes.
Do you have a religious profession or belief.
No.
How would you designate yourself in a religious area.
Atheist
What do you consider Atheism to mean.
Atheism is a denial of the existence of a demonstrable supernatural being. It also refutes the claim of religion to tyranize .and control men's minds. Atheism frees men to take a positive and scientific approach
to life. and therefore to this extent it is a positive belief or philosophical position. It is by no stretch of
the imiganation a religion as most religious believers claim.
Where were you born and what is your educational background.
I was born in Greeley. Colorado and finished high school there. I attended the University of Colorado in
Boulder and took my B. S. Degree there in biology. I have also done some graduate work in biology.
What particular area in Biology.
Botany
Any particular branch of Botany
Taxonomy
THE COURT: You will have to tell the Court what that is.
Taxonomy is the identification. description. and classification of species.
THE COURT: What use is it.
All biological science is concerned with one entity. the species. It is necessary to know what species with
whichone is working. This is the work of the taxonomist to identify. describe. and classify this species.
The concept of the species is perhaps the most important concept in biology.
THE COURT: What would Fort Detrick be doing in connection with that.
I refuse to answer any more questions along these lines on the basis that it is strictly classified knowledge.
TIlE COURT: I surely would not want to invade any area of that.
.
Dr you have a security clearance in this area
Y. es, I do.
And there is only a limited amount of information you can divulge. is that your situation.
Yes. And I don't necessarily imply I do this kind of work at Fort Detrick. As a matter of fact, I don't.
You are also associated with the Preethought Society of America. are you not.

A.

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.at sort of body is this. is it a corporation or society or what.


Freethought Society of America is an official corporation and functions with its sister corporation, Other
Americans. Ine.. to comprise our organization. Freethought Society of America published two monthly publications: The AMERICANATHEIST magazine and the insiders newsletter known as the Murray Nem1etter
(now the OTHERAMERICANSNEWSLETTER).
I show you a document. can you tell me what this is and whether you are familiar with it.
They are the Articles of Incorporation and these are official bylaws I believe of the Freethought Society of
America. (Documents referred to received in evidence as Plaintiff's Exhibit 1.)
Mr. Cree. does this organization carry on a business anywhere.
Yes. at 2502 North Calvert Street. Baltimore. Maryland. the main headquarters of the business.
And what business does it carry on.

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Page 9

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Maybe I can elaborate some. The two corporations mentioned previously form the organization:Freethought
Society of America. publishes the Arrertcan Atheist magazine and the OTHERAMERICANSNEWSLETTER.
The Freethought Society of America raises funds through these publications and through other activities. e. g.
selling books and records. These funds are turned over to Other Americans. Ine., which is the legal arm of
this organization (whereas Freethought Society
the educational and fund raising corporation). These funds
together withthe rre mbership dues of Other Arrertcans, In~!,eemployed by Other Americans. Ine.. to support
legal activities for the complete and utter separation of church and state.
Does the organization hold itself out to be a corporation or partnership or firm.
A corporation.
Who are the officers of the corporation.
I am the President of both corporations. (All officers have been published)
Directing your attention to the Freethought Society of America, which. in addition to you. is the only plaintiff here. have you been present at any Board of Directors meetings within the last two weeks.
Yes.
At one of your meetings was some action taken concerning intervening in this suit or not.
Yes. The action taken at this meeting was that supporting suits should be filed along with Mrs. Madalyn Murray
and Lettie May's suit to TAX THE CHURCH. namely, under the corporation's name and throught its property at
2502 North Calvert Street. Baltimore. Maryland and' through my and my wife's property at Route 1. Middletown
Frederick County. Maryland.
You have been familiar with the Plaintiff. Mrs. Madalyn Murray and her mother. over a period of time. have
you not.
(Editors note: A long exchange of objections and discussions followed in which Mr. Kerpelman tried to show
that Mrs. Murray held basically the same lack of religious beliefs as the witness, i. e., was an Atheist)
Do you have any statement to make as to whether or not you are satisfied to let the state continue to grant exemptions to buildings which are used as the places of public worship.
I am not satisfied.

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CROSSEXAMINATION
By Mr. Finan. Attorney General of Maryland
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Mr. Cree. does the Freethought Society of America, which is a corporation. which is a higher corporation that
you have spoken of. have regular meetings.
I am not sure that I intended to imply it is a higher corporation. I would say they are equal in stature. We
try to meet biennially if possible, annually always.
Where do you hold these meetings.
We hold them at our principal headquarters. now at 2502 North Calvert Street, Baltimore. Maryland.
Do you have discussions at these meetings and if so what is the nature of these discussions.
Yes. we have discussions at great length. The nature. of course. is to determine policy.
Do you discuss the subject matter of Atheism.
Yes. we do.
You said that the Society owns property.
Yes/sir.
Have you ever applied for tax exemptions for that property"
No.
Has a tax exemption ever been given for that property.
Not that I know.
SOfar as you know have you been submitted a tax bill yet for this property.
I mean has the corporation owned the property a sufficient length of time to receive a tax bill.
Mr. Kerpelman: Your honor, the corporation has a continuing and immediate liability for taxes just as soon as
it goes into title.
Do you have membership dues.
Yes.
Does the corporation make any money out of the sale of the AMERICANATHEIST magazine and other publications.
Do you mean do we make a profit.
Yes. do you make a profit.
No. we call ourselves a non-profit. non-political. educational organization and we turn most of the money received from the lIB gazine and the newsletter over to Other Americans, Inc for legal activities such as this.
Have you ever applied for any tax exemptions from Federal Government taxes.
I would prefer to defer that question until I am in a proper position to know what the policy has been in the past
from the very beginning of this organization.
TO your knowledge. has any govemrre nt agency offered any tax exemptions to your organization,
I am not sure. I don't think so.
How many members does your organization have. (Question objected to)
I prefer not to answer that question
THE COURT: I don't believe it is necessarily relevant. I will sustain the objection.
THE WITNESS: Time Magazine said 7.000
THE COURT: I take it you are willing to accept that figure then.
THE WITNESS: I would rather not.
THE COURT: Very Well.
Who maintains the records of your organization now.
I do.
Who was your predecessor in office.
Madalyn Murray
CROSS-EXAMINATION
By Mr. Gallagher, Represents Catholic Archbishop

Augu.st-September,

1964

The American Atheist


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Baltimore,

Maryland 21218

Mr. Cree, to your knowledge, has either corporation filed Federal or State Income tax returns.
I don't know.
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In defining Atheism, you described it both as a negating function and also indicated that has a positive aspect. Is that correct.
Yes.
In defining Atheism, you first defined it as a denial of a demonstrable supernatural being which refutes
the right of religion to tyrannize and control men's minds, but then yoo went on to say that it is a philosophy with a positive aspect. Is that correct.
No, I did not say that it was a philosophy. I said that it represents a philosophical position.
Does it have affirmative beliefs.
Of course, that's what I said. It frees men to take a positive and scientific approach to life. It is certainly
contary to the religious approach which is based on the negative and the supernatural.
Would it be correct to say that Atheism adhered to some speciflc values.
.
I prefer the question to be directed at me as an individual rather than at me as a spokesman for Atheism.
In your practice of Atheism do you have in it a belief of values, you have sene positive or non-negative values
of belief.
Atheism in itself is not a belief or a practice; it is not a religion, it is a philosophical position which denies die
existence of a demonstrable supernatural being.
But do you have, for example. a belief in the minds of men or the integrity of rre n or moral codes.
Sure, of course.
Could you just briefly describe what this moral code should be.
I doubt it. But I will say that it is based on experience, justice, logtc, and philosophy.
Would it be accurate to say that it is based on justice and logic, that it is a belief in transcendental values,
I prefer not to answer that question here. (Editors note: Rather 'than indicate that my (our) philosophy was
primarily materialistic in nature vs, transcendentalism, it was my intention to avoid such labels and represent.
my (our) thinking as devoted to the principles of Freethought, free of all dogma. It is important that our organization cannot be designated as a denominatimal or organized "religious" creed but is understood as a Freethought organization free of all dogma. examining and teaching many diverse viewpoints. Right~ If tax exemptions are granted to us they will have to be granted to an Atheist organization devoted to the principles of
Freethought and not to another "religious" cult. This in effect would constitute an admission that an Atheist org.
does make a contribution to society and worthy of tax exemptions. The following questions bore out the wisdom
of with holding an answer to this question.)
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Would it be an accurate description of your interpretation of Atheism to say that it is more thaltjust a denial or
refutation of certain beliefs, that it was actually an adherence to one's beliefs and values.
No, it is somewhat different. 1. as an individual, and we, taking the organization as a whole, are freethinkers
with many beliefs and values. We do have moral codes, but they are not necessarily the same.
What I am trying to determine from you is that you are more than a group which possesses so called denominational or organized "religious" creeds.
With positive value.
With positive value, yes.
Yes.
CROSS-EXAMINATION
By Mr, Braiterrnan, Representing Temple Emanual Synagogue

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You say that the purpose of yctr organization is to achieve a complete and utter SEPARATIONOF CHURCH
AND STATE through legal means; could yen elaborate on that and explain what you mean by canpleteand
utter separation of church and state.
Our legal activities are directed towards establishing first class citizenship for Atheists somewhat ,,"alogous to
the Negro's civil rights struggle to obtain first class citizenship. Once Atheists have first class C:.C .!nship and
are not forced to support religious beliefs and institutions, certainly an infringement on their rights, then, I
think complete and utter separation of church and state will be nearly achieved.
Are you familiar with the fact that many religious groups support a complete separation of church and state out .
of religtous rather than Atheist beliefs.
I certainly am, and that is what gives strength to our position. We have the support of many religious groups
in this ba ttle,
Is there anything in your personal beliefs or in the position of either of the two corporations (your organization)
that you have discussed which cpposes the free exercise of relfzion,
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To prevent any misunderstanding let me say that my (our) beliefs and those.of rr:ost rellgious people are generally
dtametricalry opposed, Nevertheless . we are not opposed to the free exercise or religion.
lJO you recognize that encompassed within the exercise of religion on the part of many religious groups is the
act of worship.
Yes.
And do you oppose worship as an exercise of freedom of religion by any group,
No. that's their business.
Finally oreother question. Does your organization have any other affiliations with any other hemispherical
Atheistict moral or civic groups or associations that have objects
along the lines of your organization.
Not yet, out we hope to soon.
What are your expectations in that respect.
Well, I can outline nothing but that we do hope to align with other groups who are friendly to our posi tion,
CROSS-EXAMINA
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By Mr. Dietrich. Representing City of Baltimore

Q.

Mr. Cree, I believe yoo indicated that just recently you have become president of the Freethought Society of
America.

August-September,

1964

Page 11

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The American Atheist


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Page 12

Baltimore,

Maryland 21218

Yes, sir.
And prior to that time you were Treasurer of the organization.
Yes, sir.
The headquarters of this organization is at 2502 North Calvert Street, Baltimore, City.
Yes, sir.
Do you have publications that are issued from that address.
Yes, sir.
What are the publications that are published there.
The two publications are the AMERICANATHElST magazine and the MURRAYNEWSLETTER(nowknown as
the OTHERAMERICANSNEWSLETTER3.
Are they printed or mimeographed or how.
Printed
Is that done at 2502 North Calvert Street.
Correct.
Is there any other activity conducted at 2502 North Calvert Street than the publication ofthese instruments. I
mean do people live in the building.
We do occasionallyDoes anybody live there regularly.
No. (Editors note: At the time of the trial this was true. However, now it is felt that the building cannot be
left alone and my Wife and I do stay here, working almost continuously, although there are no proper living
facilities. )
Nobody lives in the building.
What do you mean "live".
Well, have their room or apartment there.
Mr. Kerpelman: I object to this. I think I know the purpose of these proceedings, and it is a very mysterious
one.
The Court: I will take it subject to exception.
I think it is a vague question. Do you mean do people come and stay overnight and help to collate magazines,
etc. Yes, they do.
Does anybody live there more than overnight.
Yes, sometimes over the week end.
Who.
Our volunteers who help us to collate the magazine.
And they are there for that particular purpose.
Yes. They are on friendly visits, they are VOlunteers, of course they are our friends.
Do I understand you to say that recently Mrs. Murray was relieved of her duties as President of the Freethought
Society of America (and editor) and offered the position of Chairman of the Board.
That's right.
Where was this meeting held and what was the date.
At our offices, Saturday, June 27th.
What was the reason for the meeting.
Well after Mrs. Murray fled to Hawaii, someone had to be given authority to conduct the business operations so
that the organization could continue with its operation, particularly with its publieshing and litigations. This
was the purpose of that meeting.
What was the reason for the change in leadership.
Mrs. Murray was no longer in a position or able to exert proper leadership in our organization after she fled to
Hawaii. The work of the organization must go on because the organization is involved with issues and working
towards goals; it is not just dedicated to advancing Mrs. Murray's personality. Someone had to be put into command so that he could immediately negotiate urgent business matters.
Were you aware of the fact that she intended to leave the state at the time.
Not at all
Are ~ou qualified in the profession of Biology.
Yes, sir.
Did I understand you to say that you are familiar with the classification of plant species.
Yes.
Do you find from your present background that there is a certain order in Biology.
Yes.
Do you find that order permeates the other sciences, e. g., chemistry and physics.
That's a very vague and needless question. I will say yes just to satisfy you.
The Count: The purpose isn't to make Mr. Dietrich happy but to irifonn me.
I would be more interested in the truth than in being happy.
Very well, it is biological order that is found in the plani'and animal kingdom. It is a rather bizarre anology
to say that this same order exists in chemistry and physics. Adnnitedly, there is some kind of order in these
fields, but it is not phylogenetic.
But this order that does exist is real and scientific.
I suppose so.
You know that Einstein was looking for order in the universe. And there is scientific evidence of this order;
Of course there very well may be an over-all master plan of order in our universe, but I know what you are
leading up to-and I don't think God did it.
ram sorry I didn't get your answer.
The Court: He said that he didn't think God did it.
What is your theory.
Mr. Kerpelman: I object, your Honor, I think this is absolutely irrelevant and I don't think it is proper to go into here.
The Court: Well, it is a cross-examination. I think the Court ought to be fairly lenient with counsel if they
wish to cross-examine of these matters. I will overrule the objection.
I think that I can best answer by stating that I have no idea where this order ca.me from.

August-September, 1964

QUESTION1:;
FROMTHE BENCH
THE COORT: The Court has one or two questions for you. You said you do adhere to a moral code. What
was that in detail. What do yoo specifically believe in in your moral code or your ethical code.
THE WITNESS:Well. your Honer. one of the things is crgantsed society. I see a moral code as a necessity
in erganized society. and at the same time I consider myself an individual; however. I consider organized
individuals. namely organized society superior to individuals and most of my mceal codes relate to conduct
within organized society. This moral code as I said before is based on experience. justice. and logic.
THE CaJ RT: How do you define justice.
THE WITNESS: Rendering to an individual whatever his dues may be.
THE COURT: Under the law.
THE WITNESS:Yes
THE COURT: And under the Constitutional system we have.
TEE WITNESS: Absolutely.
THE COORT: Then yor believe in logic I think you said.
TIE WITNESS; Yes.
THE CaJRT' What does that have to do with your moral code.
THE WITNElft: Since a moral code is based prirrartly on justice. one must employ logic I think. to decide
what is just and what is not.
THE COURT: We now come to specifics. What is your moral code in regard to sexual behavior, fa: example.
THE WITNESS: I believe in discriminate sex.
THE COURT: Do you think adultery is justified .
THE WITNESS: I don't think adultery is
justified. Adultery is a legal concept and I have already stated
that I believe in the law and in acting in accordance with it.
THE COORT: Do you believe in marriage.
THE WITNESS: I do. I am married. I believe in a nuclear family with a bond of some sort, I don't believe
in the Christian bond. We were married in a Maryland Church, it is true. but not of our choosing.
THE CaJ RT: That was in compliance with the law which at that time required a minister of the gospel to perform the service.
THE WITNESS: Which I think speaks largely of our desire to obey the law. since we resented strongly having
to do this.
THE COURT: How about your views in regard to property. you believe in property ownership. I take it.
THE WITNESS: Yes.
THE CaJRT: In regard to family life. do you believe in obedience to parents as far as obligation of a child.
for example.
THE WITNESS: Yes.
THE COORT: What do you believe the obligation of the parents is in your code.
THE WITNESS: To educate. to instruct. and to provide.
THE CaJRT: Do you give your children training for ethical and moral standards.
THE -WITNESS:Ihave had some difficulty with my year and a half old daughter so far!
THE CaJRT: Yes. it is understandable that they are not ve..ryacute at that age. But even so. perhaps you could
start with regard to reasoning" do you do that.
THE WITW.-SS: Yes. very much so.
THE CaJRT: Do you have any particular general standards of ethical conduct. even aside from that your own
personal idea of what your conduct should be.
THE WITNESS: It seems to me that I am being asked for some political-social theory I advocate, is that it.
your Honor.
THE CaJ RT: No. I just wondered how do you arrive at what was moral and ethical for your self. Do you take
it from other sources or determine it indiviaually,
THE WITNESS: I am quite sure I do take it from other sources. Ethical and moral codes must be determined
from experience. Both are obviously still in the formative stages.
CROSS-EXAMINA
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By Mr. Plentie: Representing Lutheran Synode
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Q.
A.

Mr. Cree. why is the word Freethought used to name ymr Society and does it mean that a member can think
anyway he wants co.
The oame vas not chosen by me. and ha4 it been. I probably would have chosen a different name. The name
indicates that one is free to think outside the bounds of superstition and dogma. I have clearly stated our goalr
and aims. thinking is expected to relate to these goo is.
If I we~e to join your society and I wanted to think about God. what would the members think about that.
It certainly would not be in accordance with our aims unless you were willing to examine objectively the tenents
of religion and believed in our goals of complete separation of church and state and the advancement of Atheism
as a valid belief.
Then your society isn't so free after all. is it.
We don't object. I just say that you couldn't contribute very much unless you accepted these conditions. We even
go out of our way to include the clergy in our membership. S~iption
rate fa: the clergy is $3.75 per year.
Everyone else pays five bucks.
But I could not think about God if I joined your society.
You could think about any God you wanted to.
(Testimony of the Witness concluded)

The American

Athei st

Hopefully this testimony established that the church


tax cases are being brought before the courts in an effort to obtain complete separation of church and state
in order to establish true Religious Freedom and not
as .an Atheist effort to reek destruction upon religion
and the church. Considerable animosities had been
built up against these cases due to unwarranted and
unnecessary comments and actions by Mrs. Madalyn
Murray in her attempts to create sensationalism in the
TAX THE CHURCH(property) case.
An attempt was made to present Atheism as a valid
respectable belief. Although no words were minced
about the differences between religion and Atheism, an
attempt W\lS made to present an image of an Atheist
who had compassion for others and toleration of their
beliefs-c-expecting the same in return. Although it
was stated that the control and monopoly of our society
by religion is unacceptable, it was made clear that no
malice was borne but that instead we have a honest
and sincere desire to work within the law in a cooperative effort to achieve a better society with true Religious Freedom and Free Exercise of religion. (Principles as important to Atheist beliefs as to religious
beliefs. )
As the plaintiff in this church tax case, an attempt
was made to present a respectable image of an Atheist
who was reasonably informed, respected his family and
the dignity of all men, was aware of the need for a
moral code of behavior in organized society, and deserved to have his views heard and his complaints considered.
Most importantly of all, it was emphasized that it
was our desire to discuss and argue the church tax
cases on the merits of the issue, and that we were not
interested in stirring sensationalism or injecting personalities into the cases. It was made clear that our
purpose was to obtain first class citizenship for Atheists not to muddy the water for-all.
At the concIusion of the trial the tax assessor of
Baltimore City said before the court that based on the
comments made by Mr. Cree, he would be inclined to
grant to .our organization the same tax exenptions extended to the church because in his opinion our (Ath-

Page J 1

Baltimore,

Maryland

21218

eist) organization also made a contribution to society.


After the trial we were congratulated by the opposing
sides for testifying in a manner which permitted issues
to be discussed and for testifying skillfully. Do you
think this shows collusion? We don't! We also had
compliments for the other side for the intelligent and
fair way they conducted themselves. Collusion again?
Nonsense!

PROBLEMS AND DIFFICULTIES


IN THE
CHURCH TAX CASES
There are two major difficulties in the church tax
cases. F'irst these litigations are extremely expensive
and financing them is a major problem. Secondly, the
United States Supreme Court has a very wide discretion concerning what cases they take and what cases
they refuse to hear; therefore getting to the Court is a
big problem and may become increasingly difficult.
The sdution to both of these problems resides
ill the public aspect of these cases.
Many churches
themselves and all types of non-Atheists and nonAgnostics are willing to support these cases if they
don't get the erroneous impression that these cases
are designed by Atheists to reek destruction upon the
church. The well-known Mr. Dooley says that the
Supreme Court reads the election returns; well, they
also read the newspapers and magazines that we do.
Whenmembers of the Court read in a national magazine
(Saturday Evening Post, July 11-18) that Mrs. Madalyn
Murray, the nation's most militant Atheist, has declared war on God and the church and hopes to destroy both, they are not likely to assist her in this goal.
Ncrare they likely to take the church tax cases when
she erroneously implies that this is the reason for
these cases.
The situation grows worse as Mrs. Murray continues
to profainly make emotional tirades on scores of public
officials and religious leaders and believers. She is
providing the other side with a moral issue that would
not be there were it not for her amoral behavior and
civil disobed.iance. As the members of the Supreme
Court listen to Mrs Murray boast about" single-handedly winning the prayer and bible decision," I am
sure they are gauled. The facts are that Mr. and Mrs.
August-September,

1964

The American Atheist


Edward Schempp (Schempp vs. the Abington Public
School Board of Abington, Penna .) filed their case to
declare prayer and bible readings unconstitutional two
years before Mrs. Murray entered the picture. When the
Supreme Court had the Schempp case under consideration, Mr. Kerpelman asked the court to hear Mr. Murray's
case. His brief outlined the Murray case in the state
courts and asked the Supreme Court to issue a writ of
certiorari to the Maryland Superior Court allowing the
testimony to be reviewed. Upon examining the Murray
case evidence and decision, the Court said that it was
so similar to the Schempp case that they would link it
with that case which they were about to review on the
Penna., School Board's appeal. This can all be verified by writing for the Supreme Court pamphlet on the
prayer and bible decision, Clerk of the United States
Supreme Court, Washington, D. O.
Although we have described Mr. Kerpelman as the
lawyer who won the prayer and bible decision, it. would
be more accurate to refer to him as the lawyer who presented Significant arguments before the Supreme Court
in this case because even if Mrs. Murray had never entered the case, the decision banning obligatory prayer
and bible readings in the public schools would have
been the same. It was the lower court's decision in
supporting the Schempps contention that obligatory
prayer and bible readings were unconstitutional which
was upheld by the United States Supreme Court and was
responsible for the ban. Yet, Mrs. Murray continues to
claim sole victory!

The reason Mrs . Murray got the glory and so much


publicity in the papers and magazines was that she proclaimed to the world that she was an Atheist; whereas,
because the Schempps were religious people (Unitarians)
there was not much copy in them. Although there certainly is nothing wrong in proclaiming that one is an
Atheist, Mrs. Murray made it possible for the news
media and the religionists to link Atheism with Communism, Anarchy, free love, civil disobedience, and
an endless list of activities which the American people
believe to be detestable.
She knew she was good for
reams and reams of copy and the reporters gave her all
the adverse stories possible. Meanwhile she continues
August-September, 1964

Baltimore,

Maryland 21218

to boast that she has done more in that movement of


Rationalism, Humanism, and separation of church and
state than all of the groups working in these areas combined have ever done. This is untrue. Mrs. Murray did'
contribute to ending the apathy that existed in churchstate relation, but beyond this, she has done little
worthwhile. In fact, she has probably done more to set
back progress made in advancing Humanism and Ath-)
eism as valid, valuable beliefs than any other individual in this century.
She has placed the fate of the church tax cases in
absolute peril by trying to besmirch everybody in the
TAX THE CHURCH (property) case, thus giving both
cases a bloody bad name. As she continues to hurl
groundless and vicious invectives at the state officials
of both Hawaii and Maryland (including the entire police force and court system of Baltimore), the Supreme.
Court becomes increasingly less inclined to hear these
cases. After all, as mentioned, the Court has a wide
discretion concerning what cases they will accept.
The Supreme Court has had brick-bats continuously .
thrown at it almost entirely due to Mrs. Murray's particularly obnoxious personal ity .. Almost everybody we
talk to says "well, maybe I agree with what your doing,
but, boy, Mrs. Murray sure is horrible, she sure has a
loud mouth, she sure is vile".
(Saturday Evening ~
Post reports "Thanks to her unrelenting pugnacity, a
good part of society has declared war on Mrs. Murray")
Many people have turned their wrath against the Supreme
Court for its liberal decisions because of the Wdy she
has acted.
Now Mrs. Murray has filed a suit to have the "under
God" in the Pledge of Allegiance declared unconstitutional.
This action is sure to arouse the ire of the
American public. It will be singled out by conservative
political elements and may serve as a factor to force the
prayer amendment to a vote and similar legislation to
outlaw neutralism towards religion, thus tying the hands
of the Supreme Court to enforce complete separation of
church and state.
It is agreed by all working in the field of separation
of church and state that the "under God" in the Pledge
is unconstitutional; however, it is unanimously agreed
Within these circles that now is not the time to challenge
Page 15

The American
/

Atheist

this issue because such action probably will interfer


with the success of the church tax cases now pending
in the courts. The church tax cases involve millions of
dollars and are major litigations that will have far reaching implications if successful.
There is much public
support f IT these cases. The" under God" litigation is
a minor matter by comparison and has little public support. By comparison it is an unimportant issue which
if raised now will only hurt the church tax cases.
Sadly, Mrs. Murray has taken this action with total
disregard to the advice and pleadings 0 f everyone else
in this field. Knowing that she is certain to be dropped
from the TAX THE CHURCH (property) case, Mrs.
Murray has begun this action to keep attention centered
on herself and without regard to the damage that will
result.
Foolishly, she calls this action a part of her
personal war on God and religion; more accurately, we
feel, it is part of a war on Atheism, Freethought, and
progress in separation of church and state.

It is our reasoned opinion that the church tax cases


cannot succeed unless Mrs. Murray is dropped from the
TAX THE CHURCH (property) suit--an action we are
certain the state will soon move to take--and refused
a following in the Freethought movement. Not only has
she placed the church tax cases in absolute peril, but
her civil disobedience and criminal actions, her unwarranted emotional tirades on religious believers, her
activities of extorting money under the name of TAX
THE CHURCH for purposes of fighting extradition, and
her filthy language have all disqualified her as any
kind of a leader in the Freethought movement. In the
September issue of the Realist magazine, Mrs. Murray
writes in such filthy and obnoxious language that it
will not be printed here. Only a comparatively "clean"
passage is quoted as an example: Mrs. Murray writes,
"I am going to stir up the vast kettle of s ..t calle d
church and state relationship in America. And you can
just do what you damned well be man enough to do-join me. I am going to kick your conscience in the a
every time I get a chance and yell in magazines, on
radio, in newspapers, on television, in lectures, or anywhere.... "
Page 16

Baltimore,

Maryland

21218

In order to make sure that one can reach the Supreme


Court on a Constitutional issue such as the church tax
cases, one first must determine that he has a good case.
(As we have done by noting that the Supreme Court had
all but spelled out that the tax exemptions granted the
church are unconstitutional.)
Then it is a, so important
to maintain equilibrium, gentlemanUness, and dignity;
Otherwise you are likely to upset the whole apple cart.
.This is especially true where an effort is made to attach sensationalism to the case.
This is exactly what has been done by Mrs. Murray.
In an attempt to appear that she is exposing important,
closely guarded data (secrets) of the church, she has
FILED INTEROGATORIESIN THE TAX THE CHURCH
(PROPERTY) SUIT ASKINGTHE CHURCHES TO LIST
THE DETAILS OF THEIR PROPERTY ACQUISITION
ANDDISPORITION (INCLUDINGLEASES, CONTRACTS
INCOME, FROM PROPERTY--In other words a complete balance sheet for the last 10 years.or so, on so
vast a scale that it would take a tremendous staff of
CPA's months to get the material together. The church .
es .so far, have not thrown any below-the-belt punches
at us like this.
These interogatories (filed without consulting other
parties to the case) are meant to dredge up lots of dirt
and create an air of sensationalism to the case for
which Mrs. Murray may claim the credits and hopefully
gain enough sympathies to be able to extort money. All
that is required for the courts to take the case is that
the amount involved be over the jurisdictional amount
of a mere $10,000 which, of course, it certainly is. Beyond this sum the amount is no longer important. More
than enough of this information has already been provided for this case as Mrs. Murray knows. In answer
to the supena issued by our counsel, the city assessor
of Baltimore City produced in court 40 pages of singleline IBM statistics which represented a digest of 11,000
IBM cards listing every piece of property owned by
every religious institution in the city and showing their
assets.
The point is that all, and much more, of this information has already been made available. There is no
need for more information for this case. Once the

August-September,

1964

The American

Atheist

Baltimore,

Maryland

21218

principle is established that tax exemptions for church


property are unconstitutional, then you go back and determine the amount of property that should be taxed in
order to see that the principle is applied. . In other
words, one does not put th~ cart before the horse. Mrs.
Murray has done this in art effort to bamboozle 'the people into believing she has done something important
for the success of this case by dredging up a lot of dirt.
She is hoping that this move will return money to her
with which she can fight extradition. The net effect of
this action is that it has created a lot of animosities
that did not exist before in the opposition. Nothing
will come of it and the\Jdge will throw it out as. ridiculous just as he threw out Mrs. Murray's request to
have your editor and his wife and the Freethought
Society of America dropped from the suit as co-plaintiffs so that Mrs. Murray alone could claim the credits
and eventually the victory. (She could be added to the
Schempp case--and
even claimed all the glory, but
nobody can be added to' 'her" suitl) Well, even though
Mrs. Murray attempted to have the Freethought Society
of America thrown out of the suit, it is and will continue to be a party to the suit. All the supporters, members, and subscribers have a direct part in this case
(i.e . are plaintiffs) through the organization's property
at 2502 North Calvert Street, Baltimore, Maryland.
Also your editor (President F .S.A.I and his wife are coplaintiffs.

The leadership for the church tax cases will be directed by us and by our counsel. We will need every
bit of your support that you can give to salvage the
the church tax cases and our entire Freethought movement struck such a crushing blow by Mrs. Murray, We
will be calling on you in the magazine and other communications from time to time requesting your support.
Together we can win these cases and establish a sound
Freethought Society. Remember, this struggle belongs
to all of us, it is not a one man show!

August-Seotemoer, 1964

Page

17

wHir !lWCM gj TO A.SJlMC THt, 5I.(ff,55 (F THt, (jIt1I(JI TAX C~5

We. cvt.e.fud. goiJu;.to ~


'w.i.ilt a 4TOi1 but. lmpoJtbni. pnphl.d. enili:l.ed '11te. CIuvtdt Tax CMeA." Ii. coniDiJw ;flu!. enii.A.e. Bni-e.1 (It'IttmAtJJPdum
of. lAw) loA. iAe TflX THt, (JIt1i(R (flA"peAh;) :hWz1. and i:Ae. CompJaW. (5ui.:f.
loA. an. I~n.)
loA. i:Ae. tHRtUfTt,O BlJ5INt,55 OCI1(]JOV,dui.:f.. 'POIW.oIW
of. botA 01 ilr.ede. do~
have. been ~
In: iJu.d iAdu.e,o 1.n. i:Ae. pamphl.e:t iAeg. aJt.e con.irLlJu!fLIn: ~
M ,dubmiiied i:o i:Ae. cowti.
CacA
4UPPOAhvt, rneJTiJ~ and 4Uh4C11.ibM4MulrL have. a COP'J 01 ih.U pamplUe;t,o li:.
i.A ab40~
euenirLil. loA. JPIIA. oan: i.n/ollllD:i1.on.and loA. :tAt!. In/.oIll1t1:iiDn.
of. i:ho4e. wi.:i:J,.uk,m fIOU wU/. be. dU~
ilr.ede. CUeA. TIte. iN docunen:ld
,d~
i:Ae. Il.eIUOIWand 1W!d loA. i:Ae. dwiu:J,. irJx CUed and aho 4UIIIDA:.i.~ 01lA. flA9U1ZeJW we. U<Je. and po4Ulorw we. inAe. to flA"ve. ihD:t tAe. iDx E'Xemptiorw ~
i:o i:Ae. c1uuu:A on. i..tA flA"peAh; and 1n.come. aJte. UJ'l.tndUuti.onol..
tp1.etue. do noi. fni.l. to pwu:}w.4e. a:t Lead. one. cop; o/. i:JUA pnphl.d.
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i:o ~
peMOrw, p/.etv.Je. do 40. Ii. i.A ~
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ffe.i:.;flu!. IJK)Ad out. whg. ~e.
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!l01IA.

'Plsue. cornpJ..e;U.i:Ae. i.rweAi:. autd(4)


oAtieA. wLlJ.. be. IllUh..eJ. to VOUe

a:i:b.cAed IteAe and A.ei:wtn. i:o

U<J.

THANK YOU fOR YOUR ORDER

Page 18

August-September, , 1964

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The American Atheist

' Baltimore,

Maryland 21218

STATUS OF THE UNRELATED BUSINESS


DEDUCTION SUIT

This suit was filed August 13, 1964 at the advice of


the Board of Directors of Freethought Society of America in behalf of Mr. Lemoin Cree and his wife, Maria
Cree, federal income taxpayers, who regularly file a
joint income tax return.
T~~ suit was filed by Mr.
Leonard J. Kerpelman, corporation counsel, in the
United States District Court for the District of Maryland
against the United States of America, and Irving Machiz,
District Director of Internal Revenue for the district of
Maryland. The suit asked that Mr. Machiz be enjoined
from granting tax exemptions to unrelated businesses
ran by the church. Mrs. Murray is not a plaintiff in this
suit.

UNRELATED 8USINESS
DEDUCTION SUIT

PERSONAL MOTIVATIONS FOR LITIGATION

Most Americans agree that the church-owned and/or


operated businesses in competition with private enterprise ought not be subsidized by the government by
granting tax exemptions to the church on the income
from businesses unrelated to its religious function.
Almosteveryone agrees that the church is, in fact, corrupted when it enters business. As Atheists engaged
in private enterprise, we do not relish having to compete with others who have the upperhand to the extent
that they are subsidized by a federal income tax exemption. As leaders of our rrganization, devoted to separation of church and state, we find this tax exemption
granted to the church on its income from businesses unrelated to its religious function, is particularly offensive and obnoxious, clearly in violation of the Establishment Clause of the Constitution and of such a
magnitude t hat it demands immediate correction ..
The tax exemptions granted to the church on its property and income constitute the worse infringement by
the church upon the state in this country, The abuse
by the church of our tax system is odious and flagrant.
August-September, 1964

As in the TAX THE CHURCH (property) suit, Mr.


Kerpelman is handling all the details, including the
planning and coordinating of supporting suits in other
states. As of this writing, no date has been set for the
hearing on this case.

THE STRATEGY AND THEORY OF THE


UNRELATED BUSINESS DEDUCTION SUIT

This suit has long been planned for this summer and
was filed as a companion suit to the TAX THE CHURCH
(property) suit, previously discussed. Together these
two suits are designed to force the church to pay its
fair share of tax on its property and income. The question has been asked of us, are we forcing too much too
soon in this particular area of separation of church and
state? Based on recent decisions by the United States
Supreme Court and indications by the court that these
exemptions are unconstitutional, it appears that now
is the time to move to have these exemptions declared
unconstitutional. It will take both suits to correct the
abuse of our tax system by the church.

Page 19

The American

Athei st

"Moreover", quoting from our OTHER AMERICANS


NEWSLETTER for August, 1964, "both suits are very
expensive and everyone interested in seeing complete
separation of church and state become a reality should
be encouraged to financially support litigation to this
end. However, many nen-Atheists and non-agnostics,
although strong believers in separation of church and
state, find it hard to justify in their own minds a tax
on a "House of Worship" even though they vaguely
feel that all church property should be taxed and
realize that many churches do pay all their property
taxes. On the other hand, the majority of people, religious and non-religious alike, strongly feel that the
church should not be in business and, in fact, becomes
corrupt when it is. Almost all of these people feel till t
tax exemptions should not be given to the church by the
government to subsidize church-owned and/or operated
businesses in competition with private enterprise, recognizing that such an exemption violates the constitution and constitutes a law respecting an establish
ment of religion.
The Wall Street Journal reports.
"The loudest voices being raised against the religious businessmen are those of other churchmen."
"Most people are willing to pay to support litigation to
stop these business tax exemptions granted to the
church' by the government (this is especially true of
businessmen in general, real estate brokers, investers,
and, in particular, for others in direct competition with
church-owned and/or operated businesses)."
"Most people recognize this as a struggle for Religious Freedom; they agree that true Religious Freedom includes freedom !!:2!!! religion as well as Qf religion. In short, the UNRELATED BUSINESS DEDUCTION suit is essential to insure that the TAX
THE CHURCH (property) suit has enough financial
support to be successful.
At the same time this suit
is equally as important as the TAX THE CHURCH (property) suit and needs the publicity already created
by it. .

Baltimore)

Maryland

21218

QuarED FROMTHE UNRELATEDBUSINESSDEDUCTIONSUIT


COMPLAINT

There is granted by the Defendants to churches or convention


exemption

or associations

on business

to no other federal

of churches,

income, which

income tax

an

is granted

payer,

individual

or corporate; said exemption having been erroneously granted in furtherance


by Congress to be a public
grant of aid or support
or non-religion

of what was supposed


purpose, whereas the

in furtherance

of religion

is not, nor can it be, in fact or in

law, a valid public purpose, and said grant by Congress was unconstitutional.

As a result. of said

erroneous and unconstitutional

grant, it is believed

and therefore alleged,

that many millions

lars of income of the corporate taxpayers

of dolwho are

granted such exemption are untaxed as to their unrelated business taxable

incorne"

pose

exempted

of taxation

situated

similarly

many million

such
to

of dollars

though for purtaxpayers

Plaintiffs,

are

consequently

of tax payments are avoid-

ed by said exempt taxpayer, and the tax burden of


the Plaintiffs
increased,

and all others similarly

so that the Plaintiffs

situated,

is

and said others

thereby have property taken from them.

Rather than dwell at length on the theory of


this suit, it is more important to take a look at the
actual abuse by the church in this area. To this
end the following article from the WALL STREET
JOURNAL
is reprinted
in full.
This excellent
article only touches the surface of this subject;
we will explore it in greater detail in future issues
of the magazine.

The complaint (Suit for an Injunction) filed in the


UNRELATED BUSINESS IE DUCTION suit cannot be
given here in as much detail as was the Brief (Memonndum of Law) for the TAX THE CHURCH (property)
suit ..

Page 20

August-September,

1964

CHURCH-CONTROLLED

"CHURCH

Reprinted
JOURNAL

BUSINESS"

in full with permission


forOctober29,

Staff Reporter

of THE

1963.

fromTHE

WAL L STREET

BY JAtlES

WALL STREET

C.

TANNER,

ECONOMY?

One is Dr. Eugene Carson Blake, Stated Clerk


{chief executive officer} of the United Presbyterian
Church.
He prophesies sarcastically that "with
rea sonably prudent management, the churches ougnt to
be able to control the whole economy of the nation
within the predictable future".
The National Conference of Christians and Jews
has released a study proposing broad investigations
of all phases of tax exemption on church properties.
"If there are abuses, they should be corrected," says
Rabbi Arthur Gilbert, a staff consultant.

JOURNAL

Salt Lake City's Deseret Book Co., wnich calls itself the biggest book store in the West shares a distinction with the MusnroomourgerRestaurant on Hollywood's Sunset Boulevard and the 435-room Biltmore
Hotel in Dayton, Ohio. They're all owned by churches.
The distinction, however, is hardly rare. Often
sheltered from taxes, churches and their affiliates are
launching a growing number of diverse ventures in the
secular world of commerce these days. One religious
group owns the land beneath Yankee Stadium, and another holds the mortgage on the nome of Billie Sol
Estes, the convicted Texas mortgage manipulator;
others are landlords for factories, supermarkets and a
steel tube mill. Some operate radio and TV stations,
publisn books and newspapers, sell insurance, or
manufacture products ranging from food and wine to
cinder blocks.
Tiiougn cnurcn groups often argue that they need
the income from such ventures to finance religious
activities, tile ecclesiastical enterprises are sparking
sizzling new controversies over church-state relations
Critics include businessmen who charge that tax
exemptions subsidize churcn=owned businesses in
competition with private enterprise. But the loudest
voices being raised against the religious businessmen
are those of other cnurchmen.

The Baptists Joint Committee on Public Affairs


recommends that churches be taxed when they engage
in businesses unrelated to religion. And the National
Council of Churches of Christ, a group representing
most Protestant denominations, is likely to take a
strong stand at a church-state session next year. The
expansion of church-owned businesses "is causing
real damage to the image of the church, and it's high
time businessmen themselves should be getting up in
arms," says the Rev. Dean M. Kelley, executive director of the council's department of religious liberty.
At the same time, Rev. Kelley was puzzled over
how to measure tne scope of churcn business ventures.
"I would love to see just one denomination spell out
the tax-exempt properties it actually holds," he says.

HOWTO MEASURE?

Few churches will volunteer such information.


Some won't disclose figures to their own members, and
there's no central source for statistics; most Protestant churches, Catholic dioceses and Jewish synagogues ~e financially autonomous. The Internal Revenue "Service, Which might know, declines to estimate the extent of church=owned businesses.
Even the figures on the growtn of total cnurch
assets aren't necessarily a good guide, as tney include not only businesses but church buildings, such
things as cnurcrr-run hospitals and, in the Catholic
Church, an extensive scnool system. Nevertheless,
the asset count is impressive.
Page 21

August-September, 1964

jJ'

The American Atheist


Not long ago,
"The Catnolic

a Roman Catholic

priest

Church must be the biggest

in tne United Stutes ... our assets

wrote:

U.S. Steel combined."

Assets

of the Baptist

vesting

hold-

ings must exceed those of Standard Oil, A.T.&T.,

and

Founda-

too.

purchase
capital

and Jews

tions,

including

puts assets

of all Charitable

churches,

the last 20 years,

of Chris-

at $54.8 billion,

and predicts

they'll

instituup 70% in

hit $100 billion

30% of all

government

noldings)

day, against

real

property

is estimated

12% 30 years ago.

(including

According to one sur-

share

fraction

point in two states

of a percentage

Maryland and New Jersey


York City, tax-exempt
buildings

of this

ranges

is valued

occupied

from a

to 17% in

and 18% in Ohio.

property

huge

to be tax exempt to

vey, the cnurcu-sowned

owned

because

at $570 million,

up from

the

of members aren't

new cnurcn facilities,


for expansion
tions.

of social,

Many say

educational

funds

firm involved

paid "around

the risks

aren't

large and little

An-

owner.

in Hollywood,
Calif.,

$600,000

Si-

Calif.,

were sold

(Catnol ic) Church.

the equity in the hotels.


ed about $8 million.

under Yankee

A law

or $700,000"

Equity and mortgages

of Columbus

for

total-

a Chicago

And in
money is

men also counts

and a steel

moves

Baptist

Foundation

secretary

lease-back

and service

17% 'of the foundation's


although

against

in-

of the

They are also excel-

This foundation's

supermarkets

department

hedge"

executive

of Texas.

This

tube mill among its

are an "excellent

says J. C. Cantrell,

$2.8 million,

of financial

broker and a lease-back.

order of Catholic

including

1953 bought the land

III

Stadium in a series

flation,

nearly

Witn its tax break, a churcn often can net more

many cases
needed

or pay

and welfare func-

than a private firm running a similar business.

Hotel

St. Andrew

lent earners.

profits can finance

build endowment

with

the Southern Baptist

and El Rancho Hotel at Sacramento,

stores, warehouses
$200 million assets.

enough to meet needs

business

and the busi-

the property,

it back to the original

Roosevelt

Lease-backs

But tax-free

to operate

to Chicago's

involving

WHY THEY DO IT

contrioutions

of its tax advantage,

Under such arrangements,

fraternal

these days.

can bid high for the

nu. .ity Board paid $2.9 million for a Cheraw, S. C., tex-

The Knights

by church-

a church go into business?

and businessmen

In New

$408 million in 1954.

Why does

in-

freed for other uses.

milarly,

About

money,

The church

firm can continue

religious

using it can get up to a

on their

tile mill and leased

by 1975.

are a favorite

Churches

often benefit

tne last decade.


tians

technique.
return

ness

Conference

backs"

20% annual

tion of Texas rose to $50 million from $20 million in


The National

Maryland 21218

SUCll "lease

corporation

and real estate

Baltimore,

properties

stations,

provided

1962 gross

income of

they made up only 14% of in-

vestments.
The foundation invests
of Texas Baptist institutions.

endowment

funds

to start.

Three

Bloomington,

Ill., cnurches-c--Firsr

REST AURANT

Baptist,

First Christian
and Second Presbyterian-c--got
into
the hotel business
without spending a penny.
For
3.5 million, on paper, they bought Dayton's Biltmore

Religious

organizations

Hotel from .Hilton Hotels Corp. in 1952; wealthy mem-

businesses

bers pledged

like lease-backs

payment.

$200,000 in personal

The hotel was leased

loans for the down

against

lance of the debt.

Now the hotel is being transferred

back to its original


$450,000.

Page 22

interest

owners.

costs

disnes

and the ba-

also are finding profits


Restaurant

ful that its owner,


'

operate

tneir

in

Encinitas,

a religious

Fellowship,

Hollywood,
sect

recently

own

investments
bright.

from India, has proved so financially

Realization

Profit to the churches

that

rather than making "passive"

Mushroomburger

back to the chain with

rent to be applied

PROFITS

called

The

featuring
Sl,lccessthe Self-

built another

one at

Calif.

August-September,

1964

The American Atheist,


. Many downtown churches, nard-pressed because
some wealthier members are movingto tne suburbs, are
trying to solve their financial problems by converting
part of their valuable properties to commercial use.
Others invest in downtown buildings. A22-story
building erected in Chicago's Loop in 1924 is estimated by its owner, the First Methodist Church, to oe
worth $10 million today. It's used by the church but
offices are rented out,and lawyers, accountants and
other professionals occupy suites beneath the steeple
atop the building.
Sometimes a church is left a business on the death
of a member. An Ohio Presbyterian church found itself in the cinder block business in this manner. Other churches, armed with mountingfunds, acquire business properties for their own use, such as Boston's
Loew's State theatre, New England's Iargestvmovie
house; it was purchased by a Catholic church four
years ago, is now named the Donnelly MemorialTheater, and is used mainly for religious movies and gather
ings. But it's rented occasionally. for commercial
functions such as the annual meetings of International Business Machines Corp. and United Fruit Co.

WINE, BEEF and TRADING STAMPS

Its not unusual for a religious group to find itself


with a thriving commercial business as a follow-up to
providing products for use of its ownmembers. Vegetarian foods sold commercially by the Seventh Day Adventists are one example. The Christian Brothers, a
Catholic order, started making wines for sacramental
use in the late 1800s. Now the order competes nationally against other firms in selling wines and brandies.
In a like manner St. Benedict's Monastery in Snowmass, Colc., raises Hereford cattle for its own use
and markets about 250 to300 surplus head a year at
Denver stockyards. Major denominations often run
publishing plants to print religious material for their
members, and some of these solicit outside business
one Midwestern church press prints trading stamps.
Many of the far-flung business interests of the
August-September, 1964

Baltimore,

Maryland 21218

Church of Jesus Christ of Latter-Day-Saints (Mormon)


stein from those organized to meet early-day needs of
the Church. Today the Mormonshave interests in a
leading Salt Lake City department store, Utah-Idaho
Sugar Co., puhlishing and insurance companies, office
buildings and radio and TV stations.
A "NIGHT IN POLYNESIA"
Some investments, nowever, bear. little relation to
those that were required to meet the needs of Utah's
early Mormonsettlers. In Hawaii, the Mormonshave
invested $1.5 million in Laie Village, a center for exhibits of Polynesian culture, including a nigntly snow.
The center opened this month with a Night in Polynesia show featuring Samoan fire dance's and Tongan
ballets. Variety praised it' as one of tne best "po-'
tentialtourist catcn=alls to be found on an island paradise already teeming witn tourist bait".
The Mormonspride themselves on paying full Federal, state and local taxes on their businesses, tnougn
they could claim exemptions; many Mormonbusinesses
are set up as separate corporations taxed like any
other firm, Some other groups follow a similar practice. The Seventh Day Adventists have paid income
taxes on Harris Pine Mills sirice a member gave them
that Oregon property in 1951.
But dividends received by the Mormonchurcn and
others from their businesses are exempt from Federal
income taxes. And many other cnurches pay ll.9 taxes
on their businesses.
"The irmy of this" exemption.
says an . official of Protestants and Otner Americans
United for Separation of'-Cnurch and State, "is the.
competitive advantage it frequently gives a church
over its own members".

"RIDICULOUS" TV AD Rate

WDSU-,-TVin New Orleans agrees,' complaining that


WWL-TV, a competing station, sets its advertising
rates "so cneap it's ridiculous."
WWL-TV, wnicn
is operated Oythe' Jesuits of Loyola University of'the
South and pays no Federal income taxes, charges $325
a minute for commercials in the "prime" evening
hours; WDSU-TV charges $50 more. "There's a big
Page 23

, The American

Atheist

difference in their dollar and ours, says Louis Read,.,


a Loyola graduate, - former WWLemployee, and now
general manager of WDSU.
II

State and local tax treatment of church business


varies widely, and conflicting court decisions add to
the confusion. All levels of government grant tax exemptions to properties used strictly for religious functions. But some state legislators now are proposing
laws to tax church-owned commercial activities, and
many counties and cities also are trying to collect
-.- taxes from cnurch businesses.

Results, however, have been meager. A San Luis


Obispo, Calif., church won a court case over county
taxes on its swimmingpool. The county claimed the
church was collecting fees from the public for use 0;
but tne church successfully contended the pool was a
part of church property and should be tax-exempt.

",f3apt,z1more; Maryland 21218


specifically excluded churches, giving them a green
light to go into "unrelated" businesses. Today Omgress snows little interest in making any chan ge. "Religious controversy is the most explosive area there
is," says one Congressman.

PRESSURE MOUNTS

Nevertheless, pressure for a change is growing.'


Few people except atneists propose repeal of all
cnurch exemptions; tax favors for religion are as old
as taxation itself and, spiritual considerations aside,
it's generally agreed the tax favors are more than offset by the benefits churches tender society. But many
people, including such churchmen as the Presbyterian
Dr. Blake, argue that a church should pay taxes when
it operates an "unrelated" business in competition
with private enterprise.

NASHVILLE'S DEFEAT

In Nashville, the city sought to tax the huge publish


ing properties of Baptists and Methodists. All it won
was an agreement putting on tax rolls a cafeteria, some
parking lots and vending machines used by employees
of the church publishers.
On the Federal level, the Internal Revenue Service
recently ended tax exemption for an lllinois "church"
whose principal function, IRS contended, was disseminating political pamphlets. And, in a landmark case
involving the dsfinition of a church under the Internal
Revenue Code, IRS in 1961 collected $4 million in
back taxes from the Christian Brothers, the Catholic
order operating the California winery. IRS says it now
is expanding audits of some 500,000 tax-exempt organizations, including churches, in a search for abuses.
But Congress has been less aggressive. In 1950
it cracked down on tax exemptions like that claimed
by ani-Eastern university on profits from a spaghetti
facto!y; it rewrote the law to restrict tax exemptions
for most' organizations to those businesses "related"
to tn{\rganizations'
functions.
But the revision

Page 24

LIBERTY-Bible Style
If you buy a Hebrew servant he shall serve six years
and in the seventh he can leave free for nothing. If he
came inby himself he shall go out by himself. If he
was married then his wife shall leave with him.
If his master gave him a wife, and she has born him
children, the wife and children are the property of the
master and he shall leave alone. But if the servant
declares his love for his master, his wife and children
and refuses to leave them, then his master shall take
him into court; he shall al so stand him up against the
door post and shall bore his ear through with an aul
and he _shall be his slave forever. See Exodus 21
OCTOGENARIAN,

PEARL

August-September,

CLINE

1964

The American Atheist

UNITED STATES SUPREME COURT


BIBLE AND PRAYER DECISION.,
SUPREME COURT ASSOCIATE
WILLIAM O. DOUGLAS,
CONCURRING

Baltimore} Maryland 21218


matter for the individual and his church as to what
church he will belong to and how much support, in the
way of belief, time activity or money, he will give to
it. "This pure ;eligious liberty" "declared .... {all
forms of church-stop.
relationship)
and their fundamental idea to be oppressions of conscience and abridgments of tnat Iiberty which God and nature had
conferred on every living soul."
In these cases we have no coercive

rel iqious exer-

cise

aimed ~t making the students conform.


The
are not compu Isory, though some"
rroy think they have that indirect effect b) cause the
nonconformi st student may oe induced to pl rticipote
for fear cf being called an "odd-baiL"
Sut that coercion, if it oe present, has not been shown; so the vices
of the present regimes are different.
prayers announced

Mr. Justice

:ougla5,

concurring.

I join the opinion of the court and add a few words


in explonotion.
VJhile the rree l::xercise Clause of the First Amendment is written in terms of what the State may not require of the individual, the Cstahlis~rnent Clause,
servinq the same goal of individual religious freedom,
is written in different terms.
~::stablishment of a religion can be achieved in
severo I ways. The church and stl te can be one; the
church rnoy control the sm te or the state may control
the church; or the relctionship may take one of severeal possible forms of a working arrangement between
the two bodies. Under all of these arrangements the
church tyrically has a place in the State's budget, and
church law usually governs such matters as baptism,
marriage, divorce and separation, at least for its members and sometimes for the entire body rol itic. f.ducation, too, is usuolly high on the priority list of
church interests.
In the past schools were often made
the exclusive responsibility of the church. Todi y in
some state-church
countries the state runs the publ ic
schools, but compuls cry rei igious exercises He often
required of some or all students.
Thus, under the
agreement Franco made with the Holy See when he
came to power in Spain. "The church reg] ined its
plcc. in the national budget. It insists on baptising
all children and has made the catechism obligatory in
state schools."
The vice of all such arrangements under the Establishment Clause is that tne state is lending its
assistance to a church's efforts to gain and keep adherents.
llnde r the First Amendment it is strictly a

These reqirnes viol ate the i:stabl ishrre nt Clause in


two different ways. In each case the Sf] te is conducting a religious exercise; and, as the Court holds, that
cannot be done without violating the {(neutrality" required of the S10 te by the bo lance of power between
individual, church and state that has been struck by
the First Amendment. t3ut the::stabl ishrnent Clause
is not limits d to precluding the State itself from conducting exercises.
It also forbids the State to emrloy its facilities or funds in a way that gives any
church, or all churches, qreate r strength in our society
than it would have by relying on its members alone.
Thcs, the present regimes must fall under that clause
for the additional reason that public funds, thOUg~,
small in amount, are b~ing used to promote a r"eligious
exercise.
Through the mechanism of the State, all
of the people ore being required to finance a religious
exercise that only some of the people want and that
violates the sensibility of others.
The most effective way to establish any institution is to finance it; and this truth is reflected in
the appeals by church groups for public funds to
finance
their religious schools.
Financing
a
church either in its strictly religious activities
or
in its other activities
is equally unconstitutional,
as I understand
the Cstablishment
Clause.
"Budgets for one activity may be technically
sepnroble
from budgets for others.
But the institution
is an
inseporoble
whole, a living organism,
which is
Page 25

The American

Atheist

Baltimore,

in proselytizingwhenit
is strength- ,
by contributions
from other
'-,
t h an Its own memoers.
I

DARWIN REPUDIATED BY TEXANS

If you recall last month we called your attention to a


move in Arizona to bar the teaching of evolution. This
month we find that the same thing is taking place in
Texas.
The following article arreared in the News
American, Baltimore, Maryland, August 18, 1964.

21218

THOSE RELIGIOUS
MAGAZINES

strengthened

ened. in any department

Such co ntributions
may not be made by the
State even in a minor degree without violating the
Establishment
Clause.
It is not the amount of
pub Iic funds expended;
as th is case ill ustrates
it is the use to which public funds are put that
is' controlling.
For the First Amendment does
not say that some forms of e stabl ishment are allowed; it says that "no law respecting
an establishment of religion"
shall be made. What may not
be done directly may not be done indirectly
lest
the Establishment
Clause
become
a mockery.

Maryland

RALPH S. BLOIS
Ralph S. Blois was born in Canada in 1926.
He was -reared in a traditional
Protestant
religious atmosphere.
At the age of 12 a Little Blue
Book "Can The Individual
Control His Conduct"
by Clarence Darrow, opened his mind to the possibility
that Christianity
might be false.
Since
that time he has read several hundred books on
freethought
and is a confirmed
Infidel. Mr. Blois
has lectured
on many subjects,
including
Atheism,
and has written many articles
forfreethought magazines.
During 1959 and 1960 he was
Mid-West Organizer,
National Secretary,
and Editor of Rationalist
News for the American
Rationalist
Federation.
He was owner and publisher, as well as writer, of several
small publications including:
FACT,
a bi-weekly
newsletter
of freethought
action material,
and FACT Digest
- a quarterly devoted
to freethought
articles.
He
is involved
in several
other activities,
such as
part time night school
teaching
of General Semanttcs, He was also a President
of the Rock-

HOUSTON, Texas, Aug. 18- (AP)


The suburban
Cypress-Fairbanks school board has been asked to
forbid the teaching of Darwin's theory of evolution in
the district's schools.
A group of residents of the district, including three
ministers, also asked the board last night to blacklist
three science textbooks. now being considered for
. adoption by the state;
The textbooks teach the Darwinian theory as a fact,
they said, "which is diametrically opposed to Christianity. "
F. D. Medlin of Cypress,

a pharmacist,

acted as

spokesman for the group known as the Cypress-Fairbanks


School Committee.
He said the theory of evolution is contradicted
the Bible and scientific facts."

Page 26

by

ford
eral
ager
has
year

Chapter of the International


Semantics.
Mr. Blois is an
for an industrial
firm. He
live children,
4 girls and 1
to 16 years old.

--

Society for GenAdvertising


Man.-,
is married and
boy, ages from 1

---

August-September,

1964

The American Atheist

Maryland 21218

Over fourteen and a half million persons subscribe


to the top forty-nine religious magazines in America.
It's difficult to tell how many million actually read

The inference is that Atheism is responsible for


crime and divorce. A brief look at tile literature of
penology shows the reverse to be true. Less than one

these magazines. There are literally hundreds of religious periodicals with readership from a few hundred
up to over a million. A Catholic one, Colwnbia, and
a Protestant one, Presbyterian Life, are the only two
with over one million circulation each. Forty-seven
others have circulation exceeding lJ)OO,OOO each.

percent of prison inmates in the U.S.A. are listed as


atheists or agnostics .or no religion. Since very near40% of our population is listed in that category it is
obvious that the religious 60%or better, supplies 99%
of the criminals in our jails. As for divorce I have no
statistics. I'll go along with the 50%figure, since at
least that manyof each sex are divorced. 50%men and
50%womenseems a fair distribution.

The thought hit me that it might be interesting to


survey these magazines for articles on atheism or
arguments supporting the god idea. It would then be
interesting to refute these articles in the American
Atheist. So I visited the local Public Library to survey what nearly fifteen million people pay good money
to have the Post Office to deliver to their homes.
The May issue of Full Gospel Native Missionary
headlines page one, "Atheist Takeover.. " The article contains a reproduction of a letter by Garry De
Young. Garry tells them we intend to destroy superstition in America once and for all. In reply, the ITIfIgazine has this to say; "Present SupremeCourt order
banning prayer and Bible reading in school is reaping
a harvest.
1. Juvenile criminals, absolutely unbelievable increase.
2. Crime wave explosion.
3. Divorce increase already 50%in
some areas.

~l
~J

Baltimore,

4. Decline of Christian privileges of


worship in SChools,parks, public
armories, street ministry, tract distribution.
5. Mention of God any public matter such
as coins, paper money, etc. Native
Missionary friend, this concerns you.
This is total war by the Atheist whom
we believe are pro-communist if not communists. Act now. Save your country
from atheism and communism,both religions of hell."

Naturally they try to link atheism and communism


together. This is the 'guilt by association' tactic.
An obvious propaganda move that depends on emotion,
rather than facts, for it's success. We could use the
same tactic by suggesting that, since 99% of criminals are religious, therefore almost all religious
people are criminals. Those who resort to name calling reveal their own intellect.
The Catholic Worldfor July has an article, "A New
Dimension in Scientific Atheism". It concerns atheism
in Russia today. Pravda March 2, 1964 says, "newly
discovered science of psychology of religion has
brought war against religion to a new stage." In 1919
to 1922 a frontal attack was made on religion with little result. This was replaced by educational tactics.
The League of Militant Atheists conducted many lectures and seminars to convert the people. This was
quite successful. Lately it has been concluded that
there is an emotional aspect of religion that does not
respond to intellectual persuasion, The new tactic is
an attempt to transfer the religious emotion,to creative work, collectivism, the theater, television, etc.
A Russian source says, "chief object of the progandists endeavors of course, is still the confirmed
believer. SUChpeople have so long regarded the world
of religion as the real world that they are actuall~entally deranged. Whatis more, they usually have grown
very canny about detecting any attack upon their faith
and immediately withdraw, makingthe most impressive
argument of the activist ineffectual. Believers in this
way deliberately stifle in themselves, in a suicidal
way, all genuine human emotions and the sober voice
of reason. "

The American Atheist


Nwnerous books have been published on the psychology of religion. One new handbook, The Atheist's
Companion, suggests that the atheist get real friendly
with the religious person so that he will be seen as a
friend rather than an atheist.
Discuss the natural
sciences and make the social environment so 'satisfy,ing that it eliminates any need for a fictitious god.
The CatllOlic writer suggests that the Russians are
conducting this all out, vicious type of war on religion because they know that the Western powers will
not' interfere. He also commends the Russian scientists for investigating religion - if they do it deeply
enough they will see the truth in it.
Quite frankly, most atheists have investigated religion and have found what truth tnere is in it ..that' s
why tney reject it. The truth is not favorable to religion. There really isn't much to dispute in this
article.
Tne Way of Trutn for June has a Question Box.
Question; Wnere did God come from? Answer; God
did not 'come' from anywhere. He has always been
and alwsys will be.
I suspect that somebodywas trying to pull their leg
with that question, and tney didn't get it. Obviously
if it is admitted tnat God could always be, then it
must also be admitted tnat the universe could always
have been - tnus eliminating tile need for any God to
make it.
Tne Moody Monthly for April has an article, "In
The Study". It examines a book, Science Ponders
Religion, consisting of eighteen articles by famous
scientists, SUCH as Dr. Harlow Shapley. The consensus is that god is no longer needed to explain the
wonders of nature and that most scientists are at least
agnostic.
Tnrougriout the article Dr. Smith merely gives
quotations and brief commentaries. Nowhere does he
refute tne scientists or offer any argument in opposition. At the end he simply deplores that such learned
men have no religion and that they are teacning our
young men and women in colleges and universities.
He wonders now many of tnese young people will be
misled into accepting the dogma that there is no god,

Page 28

Baltimore,

Maryland 21218

immortality, divine revelation or absolute moral standard of values. What are we going to do, he asks? Merely study the Bible more and ask God for wisdom to
meet these learned scientists.
Pray for and support
young Christian 'groups at colleges.
. Since Dr. Smith doesn't refute the scientist, I cannot refute him. I can only suggest that he pray and
keep on praying. As long a~ he is doing that, he will
not be doing anything of value to negate the atheist
influence. In fact y<ecan do with a lot more prayer
and Iess action on the part of Christians.
The June issue of Conunentary, a Jewish magazine,
has an article, On The Eclipse of God. It is a long,
boring, pedantic article written in a vague and quicksilverisn style. It is difficult to know wnat is really
being said. The essence seems to be tnat Modernreligion is undergoing a crisis in faith due to the many
catastrophes and changes in the modern world. In one
part the author suggests tnat "there is no experience,
either without or within, that can possibly destroy religious faith. Good fortune reveals God and bad for,
tune means that Gods ways are not understandable to
humans. Tne religious persons has it both ways. The
author concludes that because this is so, neither
atheist nor religious can prove the truth of their position. Almost sounds like he's an agnostic, doesn't it.
Apparently natural phenomena appears differently
to the atneist and the religious. WhenMoses saw the
burning bush he knew that it was a message from God.
The atheist would simply see it as a cnemical phenomena involving combustion.

It appears to me that the atheist would have a much


easier time proving that a burning bush was a chemical pnenornena tnan the religious would of proving it
was God. This brings us into the area of the science
of General Semantics on how we 'know' what we 'know'.
Without going into a lecture on the complex details
and rules involved it can be shown that God is a high
order abstraction for which there exists no structural
referent. That is to say, God does not exist except
as a concept in the mind. This concept is in the mind
it is true, but.. .. and here is the difference ... there exists a structural referent for tnis abstraction. NameAugust-September, 1964

The American

ly, tne burning bush,

Atheist

From nere on tile suoject gets

Baltimore,

Maryland

21218

From my brief survey, I was unable to find any

saves tne red faces that develop from trying to answer


our arguments. When tue magazines do mention atneism, tney tell aoout it, deplore its existence and then

otner articles in recent montns naving anytning to do


witn atneisru or support of the god idea. It appears
tuat religion does better to ignore us completely, it

ask tneir reader to pray. Pernaps next month tne religious magazines may 113vesomething wortnwnile to
read ... altnougn I doubt it. Don't you?

Kind of involved, so I'll let it go for tuis article.

MORE ON
PEARL CLINE
IOctogenarian Hikes
12 Miles to Colona
To Celebrate Birthday
Pearl Cline of Montrose celebrated her 80th birthday
and
Beauty's (her dog) seventh by a
12 mile hike to Colona yesterdayThe hike "was to honor the
1.400 international Peace organizations in 57 countries," and as
she stated,
to honor her two
grandchildren
and four great
grandchildren. and give them the
opportunity to "brag"
in future
years that grandma Pearl hiked
12 miles on her 80th birthday.
"Grandma
Pearl"
answered,.
when asked how she thought.
-world peace could be attained: I
"There can be no peace
while
men exploit each other for profit.
Only by- replacing the profit motive with the early Christians'

way or" life~' The terrific; _waste

She added,
"I expected
to
of production and manpower urr- have a competitor today, but I
irr shape."-:del' the competitive profit system guess he wasn't
causes an ever increasing
divi- meaning astronaut Cooper.
sion between wealth and povertyWhile Beautv is a little over
She said that primitive Chris- half her mistress's age, relativelion way of. life is described in ly speaking. she could not keep
Acts 4:32-35 and 2nd Thes. 3:10 up and rode about half the disto
"If such an economy exists any- lance. It broke bel' heart
where in the world today, make leave Pearl's side. "but I can't
over-taxed"
the 'most of it. The early Chris- have bel' strength
She recovered
. tians were thrown to the lions said her owner.
agoand their leader executed
by from leukemia two years
hanging. Let us not repeat the It took aboul six hours to make
the trek.
historical outra e.'

August-September,

1964

AUTOBIOGRAPHY
OCTOGENARIAN,

PEARL

CLINE

I was the eighth of rune children born in a little


rock house on the plains of Kansas.
My father, a
Civil War Veteran, homesteaded four miles from Abilene in 1870, after being honorably discharged from
the army where he had enlisted in the 21st Infantry of
Ohio Volunteers and served all during the War.
I trudged a mile to a country school in all kinds of
weather. My mother grew tired of my running away to
follow the older ones, and let me start to school at the
age of five.
By dint of hard work and sacrifice, my father had
converted 80 acres of unturned prairie sod into a cultivated wheat farm with good buildings and a deep well,
was in the process of raising and educating a large
family, and was approaching the time when life should
offer a respite from the eternal struggle for existence.
Then came three successive years of crop failure from
drought, grasshoppers and wind storms. For the survival of his family and stock, and to buy seed to try,
try again, it became imperative to "slap a mortgage
plaster" on the farm, and that included the horses and
cows. But when he was unable to keep up the interest with no prospect of meeting the principal, foreclosure ensued and we were evicted.
That made a socialist of my father, and I am a chip
off the old block. We want a social system that insures against the caprices of nature, and no one is
permitted to cash in on the "acts of God."
Page 29

The American

Atheist

Twenty-five years of my parents' gruelling labor,


hardship and privation gobbled up by a loan shark
whose ilk a former rebel and socialist drove from the
temple with a gad. So they took his gad away and
hung him on a cross so we might go to heaven where
till re are no loan sharks--or are there?
Wemigrated to Colorado where my parents 1 gain put
down roots in the soil. But long years of childbearing
drudgery and privation hi d taken their toll of my mother's healtn and she was a semi-invalid the rest of
her life. All the more reason for my revolutionary persuasion.
All during my childhood I was bedeviled about my
"soul" by preachers, migrant evangelists (with designs on my mother's fried "yellow-legged" chickensl
neighbors, and my poor mother. I must have had the
rudiments of atheism in my Constitution as far back as
I can remember. I was a natura L Undsr duress I ace lIlted religion with mental reservation, if not outright
resistance.
Finally, out of filial obeisance, I give in and joined
the church. And then I had the guilt of hypocrisy added to my mental confusion. I reacted naturally by developing psychosomatic symptoms,--1 sthma, .nervous
twitching, inattention. I was indeed, a lost soul."
Had a High School te acher not rescued me from the
"slough of despair" and guided me out of the maze in
which I was de adloeked, I do not know where I would
have ended up. I thank her memoryfrom the bottom of
my heart.
I have always had the urge to write. I have cartons
of poems and articles--the stuff that does not sell,
but now and then is accepted by a freethought paper or
magazine. Now that I am economically independent
of the need for remuneration, I publish my own' 'stuff"
and throw it around free. If it makes ever so small a
dent in the hard crust of public apathy to the "world's
great anguish and its wrong", I shall die happy.

Baltimore,

Maryland

21218

THE SCARLET LETTER


OCTOGENARIAN,

PEARL

CLINE

Nathaniel Hawthorne's "Scarlet Letter" was


first published in 1850. It depicts a scene in a Boston public square in 1659 where vulgar Puritan epithets were hurled at a young woman standing on a
scaffold exposed to public shame. The evidence of
her "crime" was nestled in her arms--a baby of some
three months. On her breast was embroidered the
scarlet letter "A".
Hawthorne notes the "early severity of the Puritan
cnaracter" in the past tense as though it did not
still exist two hundred years later when he wrote the
story. And now, after an added century, in certain
areas of the country, it is even intensified. Baltimore
is one of these areas.
The scene of Boston Square was re-enacted on
Winford Road, Baltimore, the difference being that in
the case of Hester Prynne and the case of Madalyn
Murray tne scarlet letter A had contrasting connotations. The one figuratively branding Madalyn's person stood for Atheism. But the jibes and insults came
from the same element of "course hussies" as Hawthorne described them.
Bible believers claim to be shocked at tne love
affair between Bill the Third and Susan Abramovitz.
Tney are tne very last who snould censure the morals
of anyone, since tneir Bible neroes, almost to the
last man, are examples of immorality and lust. Abranam and David are particular favorites of pulpiteers.
If either one of them or tneir counterparts should
carryon their shenanigans in Baltimore, tney would be
tarred and feathered and run out of town.
David, tne "man after God's own heart" and his
wife-stealing propensity, spying on a beautiful woman
taking a bath, captures her and has her husband put
out of the way. In another escapade ne makes a deal
with a king for the king's married daughter <look it up
and see what he traded; 1 Sam. 18;27>. And wneu he
took her from ner nusband, tne poor guy followed them
weeping,

Page 30

Auguet-September,

1964

The American
Has Baltimore

a Humane Society?

Atheist

Baltimore,

Maryland

What would it

have done when David cnopped the necks off "the


horses of a thousand chariots?
Even Johnson's
war
in Viet Naill lias not employed axes, saws and iron
narrows to cut prisoners to bits.
(1 Chron. 20;3)
Abraham--how

once tied nis little

and raised
der

in ills

YE GODS!!
OCTOGENARIAN,

PEARL

CLINE

would he have fared in Baltimore?

at his wife's suggestion tie seduced her maidservant,


then turned her witn nis child into the wilderness (ne
did start ner out with a jug of water).
And the old
cuss

2121

mission

men's souls from hell.

of the church

Now the accent

was to save
is to save God

from extinction.

son down on a pile of wood

ills dagger to stab him to death,


heart,

The erstwhile

unaware

that

I never waste

witn mur-

God was

bluffing.

or not.

words .arguing whether there is a God

Like Ingersoll,

I don't care if there is a God

or a dozen of them just so long as they behave themWhen tnese


. they didn't

holy men of tne Bible wanted a woman

bother about a marriage license.

"He went

in unto her and sne conceived and bare him a son" is


tile pnraseology of the historical account.
Baltimore
Bible believers read it with gullible reverence.

selves

and do not interfere

too much with my rights and

happiness. I argue that no decent god ever "spake unto Moses saying, Now therefore kill every male among
the little

ones,

and kill every married woman, but all

the young virgins

keep alive for yourselves."

I argue that no respectable


DOG - IN - THE - MANGER

his

"chosen"

flock to "put

Num 31.

god ever gave orders to


every man his sword by

his side and go in and out from gate to gate throughout


No one can blame the Murray's for fleeing
lives.

The fault lies in Madalyn's

for their

dog-in-the-man-

ger tactic.
She couldn't run the office and run away
at the same time. She couldn't take it with her. So
instead

of fighting ner successors,

she should cooper-

ate. She was not kicked out, she ran out of her own
accord.
Instead of splitting the organization,
she
could have organized

a Branch Society in Hawaii and

moved along witn the Mainland Body, and proved to


the world that she is the numanitarian she claims to be.

the camp and slay every man his brother, and every man
his companion,

and every man his neighbor.

I argue that

no honest,

self-respecting

f1 ther ever made the dire threat


people to turn canniba listic
Jer. 19:9
I don't
ordering

know which

Ex 32;27.
heavenly

that he would cause

and eat their

was the bigger

a man to .kill his son to prove

children.

ass--a

god

his love for

him (god), or the man raising his butcher knife to


stab the little fellow.
Some test of love. The anticlimax

of this

story

is

pointless.

Gen. 22:2-12

CARL AND THE VIRGIN BIRTH


The God manufactured
When we get through, the world will know
What we've been fighting for;
For we're gonna save the Virgin Birth
With another Holy War.
And when our planet hangs in space
A blackened lifeless earth,
Then Jesus will smile down and say,
"Carl saved the Virgin Birth."
LIBERTY,

BIBLE STYLE-Exodus

21

by the Jews in their own evil

image

has literally

thousands

credit

in his autobiography.

of such crimes

to his

I argue that such a god

should be tarred and feathered

and run out of town be-

fore his example

more criminals

vile delinquents

has created

and ju-

than it has already done.

As for any of the other gods,


one mad with bloodlust.

I've never heard of

They may be silly

and im-

potent, but harmless.


If I were to "seek a god" I
would rather trust that kind. But I have never had a
yen for a god. Nor would I give a yen (Japanese coin)
for one.

August-Sepcember,

1964

Page 31

The American Atheist


Nature wreaks havoc with us sometimes, but not
with malice aforethought. Nature is a blind force man
must bring under control as far as is possible. But
who ever heard of bringing God undsr control?

I've heard it said that Old Testament Hebrew history is merely epic literature concocted by an intense
_

".

r-

, inferiority complex. Ostracized as they were, they in-

,CONCERNING DIVINE INSPIRATION


AND REVELATION
STEPHEN L. BURGLUND
The Jewisn and Christian definition of the Bible is,
"the divinely inspired word of God." Yet, the bible
was written thousands of years ago by primitive men.
These men were said to be divinely inspired. These
words will be used quite freely throughout this article
because the impact of their true infallibility can only
be realized by their frequent use.
You and I can stand on a public corner and preach
a seemingly far out, heretical belief claiming it was
divinely inspired and Y3twho could say we were wrong
by Christian standards of divine' revelation. Wouldwe
have the potential following that Christianity has today? Certainly not. If people won't believe present
day divine revelation on a new subject,on what basis
do they claim allegiance to ancient divine revelation
on an old, outdated, and superstitious subject.
Manhas reached a higher intellectual plain of capabilities and thought processes than ever before, and
he will continue to do so. SCienceis constantly prob.ing at the mental 90% that so little is known about.
The bible was written by inen seeped in superstition and primitive thought. They held their beliefs
high above the Jewish nation,supporting them with
fear of the wrath of Jehovah. What could the common
man do in the face of such terror. The glorious realm
of heaven was his reward, and the firey pits of hell his
punishment for complying with or rejecting the words
of the prophets. In his primitive mind, what choice did
he have. In this way, the teachings of the prophets
thrived.
Page 32

Baltimore,

Maryland 21218

" , vented a ferocious god always on their side against


everyone e13e, but often turning them against each
other as in the above citation-s-Ex. 32:27
Be that as it may, a fairy story with a bad moral
can be as damaging to character as a true story with a
bad moral. Keep them both out of the school and demand that a code of ethics shall replace the foolish- \
nes~ of religion. ,
'
Judaism and Christianity are still based on this fear
of an unknown factorthat is called divine. The personalities of the prophets have long been forgotten.
Heave~ has been improved upon, and hell holds an
even greater terror thanks to Dante, in his "Divine
Comedy". The prophets now are the heroes of.the Old
Testament. Only their good points remain as they are
portrayed. Thus, in the minds of modern man, they
were certainly eligible to receive the "Truth" from
T
the very mouth of "God". Perhaps they were good men.
Our leaders (in part) today are considered good, but
we certainly don't feel that they are divinely inspired.
They are 'soley intelligent men whom we could say are
mentally inspired. Perhaps too, the ancient prophets
were intellectuals of their time. That was thousands
pC years ago. We do not expect our present way of
thinking to be the same two to four thousand years
from now.
We can not intelligently believe in the god of the
Israelites He perhaps served a purpose in the minds
of primitive man, but he was only a segment of their
superstitious minds and beliefs. He was thought of as
realistic, but in reality he was only a thought. Today
men expect to use this thought in the same manner.
Heaven and hell do not exist except in' the minds of
those who believe in them. Divine revelation is only
a phrase used to magnify the opinions of men so that
these opinions will be accepted more readily and with
less question or lengthy logic.
Manmust first use logic and reason to formulate his
beliefs before he adds any life supporting crutches.
Divine revelation is just one example of that crutch.
He doesn't have to think about it, only acce pt it.
It is imperative that man first think and reason before he blindly accepts a belief of life philosophy that
plays such a vital part of his life. Concerning ones
convictions, the key is to be able to answer for one~
self, the question of WHY.
August-September, 1964

MORE

ON

KLINKERT SEEKS
U.S. SENATE BID
In his first bid for public office, Kenneth F. Klinkert, 45, a
little .known
candidate,
has
picked a top position to seek
and a man rated as a tough opponent to beat.
Klinkert, W156-N8708 Pilgrim
rd., Menomonee Falls, a social
'worker and substitute teacher,
i::; a candidate
for the Democratic nomination
for United

Kenneth F.
Klinkert

States senator. His opponent is


Senator Proxmire, who is seeking renomination. Klinkert, who
said he is divorced and the father of two children, said he
also worked for the Wrigh: Directory Co. which issues the
Milwaukee city directory.
Klinkert said in an interview
that he was not a card carrying Democrat but that he believed in the principles of the
Democratic
party and in the
Democratic
process of every'one talking things over.
He said:
"1 tried to join the party, the
Waukesha
county Democratic
unit. six vears ago but they
wouldn't let me in. They voted
28 to 6 to keep me out because
I'm an atheist. I also call myself a humanist - I believe in
man."
Klinkert said that while he
had never run for office before, he had announced himself
as a candidate
against
Proxmire in 1958 but did not official.
Iv file so his name was not on
the ballot. But he said he got
about 15 write-in votes.
He apparently
is not anticipating a victory in the Sept.
8 primary, either, because he
already is considering plans to
run as an independent
in the
November general election.
Klinkert is known to newspaper editors
because
of a
steady flow of letters he has
written on various topics over
the vears, and he is known to
people who attend public lpf'-

KENNETH

KLINKERT,

The American Atheist


2502 North Calvert St.
Baltimore, Maryland

Kenneth F. Klinkert
W156 N 8708 Pilgrim Rd.
Menomonee Falls, Wis.

Dear Editor:
Really delighted to receive your letter and the July issue of,
"The American Atheist", which contained reference to my
political activity here in Wisconsin.
I shall try and give some of the details regarding my getting
on the ballot for the September primary and subsequent developments, including some news clippings and then you can edit
accordingly for your readers.
For years, I wanted some candidate for political office to be
honest regarding his religious thinking and not feel he had to go
along with religious conformity. I raised the issue in Wisconsin
six years ago and the Democratic Party in Waukesha, Wisconsin
wouldn't accept me as a member, by secret ballot vote of 2 R to
6. , I had referred to myself as a "democratic atheistic Unitarian
and they were concerned with winning for the first time in Wisconsin so they were overly concerned with the public images.
For years I've also felt the need for more ethical and democratic procedures in Congress and in the political parties. Also
I felt the time was riper for an athejst to aspire and possibly
win. So, I started going after nomination signatures.
I got about 600 signatures and I started to bog down until
John Webster, who was head of', Freethought Society here decided to use his vacation time to get me.on tre ballot So John
and I proceeded to taverns, restaurant, shopping centers, super
markets, etc. in quest of signatures. We had ten days left until
the deadline 3. nd tried to average 300 signatures a day.
Fortunately, through Mr. and Mrs. Gaylord Armstrong of
Menomonee Falls and active atheists I had gotten John's name
and that of Arnie Freeman, who's parents encouraged him to pitch'
in with us.
Arnie went to work at 2 P.M. every day, but early in the morning
the three of us would hit the various cities around Wisconsin
arriving .at EA.M.and working until 1:00? Then J0hn and) would
continue the rest of the day. Anyhow, we made it;.
We also had the help of Bob Buttons, another.freethinker, when
it was needed.
Most people, especially the average workiag man and his wife
were willing to give a person an opportunity to run for office ..
Of course, there are the dis gruntled and unhappy t who have given
up on any persons.
We would hear various comments, such as, "Oh, you're that
atheist.
No, I wouldn't sign, I'm a Catholic."
Next comment
might be, "Oh, you're that atheist, sure I'll sign." Of course
Page 33

AVOWED

ATHEIST,

CANDIDATE

most people had not heard or remembered my name. Later, .with


more publicity, more and more recognized the name.
Had the opportunity of speaking for 15 minutes on all state
stations in Wisconsin. Each candidate gets this. Also, have
spoken to several Democratic Ward meetings and have had news
articles in numerous daily papers in the state. Some were very
fair and comprehensive, but others accentuated the differences
with the prevailing opinions.
And then one younger man wanted to have his name taken off
the nomination list after he learned I wan an atheist. This was
a day after signing. I asked him if he didn't believe in the
freedom of worship or not to worship. Well, yes he did, but. ...
He finally said it was allright as long as he was just giving me
the right to run.
After getting signatures for a number of days,
decided to go back to college and complete his
He had been fairly disgusted with the classroom
educators in general. He has a lot of nerve and
journalist.

Arnie Freeman
last two years.
instruction and
desires to be a

Knowing that I would not get a fair contest by the time of the
primary election. I decided to get signatures for the general
election as an Independent candidate for the U.S. Senate. I have
2500 to date and need 2500 more by Sept. 22nd. 1 should make it.
I'm devoting all time to the campaigning on a very limited
budget. The news stories have been of more than equal space of
some other candidates for other offices, but you have to work on
the newspaper men sometimes to get your ideas to the people.
who should have a right to know what the candidates think.
It's an uphill battle most of the way, but satisfying when you
break through. But the main support comes from the people I
contact daily. Without their fair attitude, I would have stopped
long ago.
It will be interesting to see the results.
, Naturally, I have given many news releases to the papers,
which weren't used. But this is true of other candidates, also.
They printed a Congressman's statement on Johnson's retalliation in Vietnam, which was similar to mine, but not mine. It's
the old story. If a King says two and two is four its printed, but
not more thoughtful remarks of the average or relatively unknown
individual. Exceptions, of course.
My hope is getting on the same TV program with other candidates and this will be possible for the general elections, but not
for the primary. At least, none are scheduled so far.
Will keep you informed, from time to time, regarding developments.
Kenneth F. Klinkert
Page 34

u.

S.

SENATE

lures and meetings because of


his habit of getting up and asking "hard" questions of the
speaker.
But he is not known to the
voters. He is trying to get him:
self known, he said. He obtained 3,300 signatures on his
nomination papers, he said.
Klinkert recently came out in
favor of topless bathing suits
for women, saying everyone
was born naked. and that it
was society, with the aid of
o r g ani zed religions, which
made people feel guilty when
nude.
Klinkert said he advocated
deletion of the phrases "under
God" from the oath of allegiance to the flag and "i'n God
we trust" from coins. He does
not believe federal aid should
be given to parochial schools.
He is opposed to recital of
prayers and Bible reading \ in
public schools.
Klinkert said he was undecided whether to vote for
President Johnson, who is certain to be renominated by the
Democratic party this month,
or for Senator Barry Goldwater of Arizona, the GOP presidential nominee.
He said:
"I am not impressed. with
Johnson's sincerity. I like Goldwater's frank statements and
openness but r can't go along
with his real extreme statements."
He said he opposed the civil
.rights law and would. have
voted against it.
He added.
"We have gone overboard or.
civil rights because of our guilt
feelings ov~r the way we treated Negroes in the past. However, we are still not treating
them as equal individuals.
"A foreman is afraid to say
something to a Negro about his'
work because he would run to
the superintendent and say the
fore man
was
prejudiced
against him.
"The civil rights bill wasn't,
passed for me. We whites wen,'
riot clamoring for it-not even
atheists. The federal communi-c a t ion s commission doesn't
give equal time on' television
and radio to the 'no' God' point
of view."

August-September#

1964

The American

Athei st

Baltimore}

Maryland

21218

EDITED BY STEVE WAGNER


Ever Wonder why Catholic Priests are called "Father"? Try to get the truth from priests and other Catholics, and watch them dodge one of the most touchy
questions that you can ask them. Reasoning it out for
myself, I would say that the mere habit, or practice,
of calling a deity - a Pope, a prelate, a priest "Father" tends to transfer obedience, affection, love,
loyalty, etc., from those with a right to it - our parents
and others - to religious leaders.
I hold that when
you salute any man as Father, you openly acknowledge
him as the source of your existence, as that is the root
meaning of the word.

**********
I recently received a very interesting note from a
young man of college age; James Poston, of Kirksville,
Missouri. He says, IF a personal god exists, we should
not worship him, but hate him for allowing such unbelievable misery and suffering to exist on this earth".
James says he has been thrown out the Church of .',
God's Holiness Young Peoples Convention, held every
year in Kirksville, because of his skepticism. Later,
he received two very threatening letters from the adults
there.

**********
Which reminds me. The advocates of superstition
in school tried to do the same thing to me, on the
public Boardwalk in front of Convention Hall in Atlantic City, New Jersey.
It seems that this small group of New Jersey citizens, led by "Dr. Carl McCintire, of Collingswood,
are not satisfied with superstition in their aims, they
wanted the Democratic National Convention to make
the same mistake the Republican Convention did-,
They wanted the Democrats to put a Prayer and Bible
plank in their platform, too.
Page

35

The American Atheist


So, they rented a plane with a trailing banner, reading, "We want the Holy Bible in the public schools".
This didn't accomplish their purposes, so they marched
down the Boardwalk to the front of the Convention,
and staged a demonstration. There were about twd-
hundred of them.
McCintire spoke, and we gave him our attention.
But, after he was finished, I asked him, "WHAT Bible
do you want in the school?"
He refused to answer,
and began speaking once more. Every time J would
try to make a point, he would reach out and shove me
away. Soon, the state police told him he was causing
a disturbance, and asked him to leave. He did so, but
many of his buddies had remained, and I engaged in a
debate with them.
They weren't satisfied with their arguments, I guess,
because they hit upon a simpler way to defeat the
truths I was speaking: They told me (and later my
younger brother Bob) that we had better not walk home
alone, because, "Me and a couple of buddies will be
waiting for you".
I later witnessed a couple of these punks start a
small riot between a Goldwater demonstration, and a
Johnson demonstration.

The last I saw of them, as a group, was boating off


the shore, singing and displaying a large, "We want
the Holy Bible" sign.

**********

Do you have any experiences you would like to


share with others? Do you have any questions on religion that you would like to pose? Uso, write to me,
Steve Wagner, Youth Editor, THE AMERICAN ATHEIST,
Post Office Box 205, Thousand Oaks, California 91360.

**********
Remember, the youth section isn't a one-man show.
We have to have your cooperation to make it a success.

Page 36

Baltimore,

Maryland 21218

LETTERS TO THE
EDITOR
Dear

Mr. Cree:

Enclosed
Atheist.

is my first

article

for The American

I hope that others will contribute, so The Youth


Section will be as big a hit as the rest of The American
Atheist, A Voice of Reason.

P. S.
I recommend that you do not give Mad Madalyn the
pleasure of engaging in her childish personal attacks.
Who wouldn't she betray? She is calling me a facistracist, even tho I have participated in two civil-rights
demonstrations, and am Youth Co-Chairman for the
Salinger for Senate campaign here. (Salinger is a Jew,
who supports the Civil Rights Act). I had a letter
supporting her in The L.A. Herald-Examiner, reaching
millions, and this is the thanks I get!!!

Steve Wagner
Thousand Oaks, Calif.

Dear Lemoin Cree, Editor:


I am returning the two court suits which you brought
to me. I have read them carefully and they certainly
present the case well for taxing the churches business
assets and income. Mr. Kerpelman has certainly examined the situation very well and presented his argument in a clear, concise and unequivocal fashion.
I
agree with you that he has an excellent case and, in
. the light of recent court decisions, should have no
trouble winning it eventually.
In the meantime I am
sure there will be many roadblocks to hurdle and a lot
of delaying action in an attempt to cripple the effort;
mostly to drain the finances in the hope that it will
die a fmancial death.
My best wishes for your success and my congratulations for your untiring efforts.
J.B.
Baltimore, Maryland
August-September,

1964

The American

'Atheist

Dear Editor:
This is a mild reprimand.
I have had the same
experience before with editors who make changes
and additions to my writings--sometimes
irrelevant
to the context.
Where I do not supply a title, no
title is intended.
I refer to "Why Cherish God?"
My point was "why cherish such a fake as Blood
Redemption?"

Baltimore,

Maryland

21218

. . You' see, :I've gone through freethought splits like


this one before. Progressive World was created from a
split ,with the Truthseeker.
American Rationalist
split fromP. W. Lou Alt created Free Humanist after
splitting with the Liberal ... and so on.
Well, best of luck ~
K. so far.

you, seem to be doing O.


Ralph Blois
Rockford, Illinois

Oliver Wenden Holmes said regarding 'the liberty


editors and printers take to put their interpretation
into stuff they print.
"A misprint hurts a writer.
An intentional change kills him.
No wonder so
many p rets die you'ng."
" Dear Editor:
I sent you the short "life

sketch" you asked for


along with an article for A.A. I am receiving "fan"
letters on the verses in the July number.
(Quoting

from another

letter--)

Can you find room 'for this in your next issue?


If not, then the September number?
Hereafter I
shall send you ten dollars for everyone-page
m.s.
I send for publication.
Everyone sending articles
to the magazine should do, this.
Plesae reply.
(Just a post card will do) if this is O.K.
Pearl Cline
Montrose, Colorado
'This ten dollars accompanying
mss. sent to.us
for publication
is an' excellent
idea which some
authors have already
adopted
with us.
Such a
contribution,
although certainly
not required,
would
be a big help to us.
The Editor

Thank you for .the literature, and the sheet with the
,'Reproduction of a letter from Utah concering Church. State relations.'

J would like to comment oP..this letter from this '??'


person ... Any good 'Mormon' would SIGN HIS OR HER
NAME.
I wish to say, as an individual, that I agree that
.,Churches and their holdings should be taxed in fairness
to all. I firmly believe that this would cause a financial
crisis for many churches, including our own, but that
the members if they were worth their salt, will support
their church and pay the taxes. Perhaps some churches
would have to close because of their members being unable to pay this extra burden" but it would all come out
in the wash. There is nothing that would keep them
from meeting in homes, and other donated or rented halls
etc ..

I would like to ask your organization a question tho,


and that is: Would'you, and are you paying taxes on
your holdings??
Dear Editor:
Per the questions in O.A. Newsletter # 8. I am a
paid up A.A. Member to January, 1965. Also enclosed
is the $5. check requested for O.A. ' I hope each member
donates his share.
I think you would do well to forget Mrs. Murray.
It seems' like, killing a dead horse to keep bringing up
the' subject. ,My guess is that eventually she will
start a new freethought group based.on the supporters
such as Holdridgethe and I do not agree) and Mae
Mallory. And she'll probably be quite successful, in
her .way. But, you've got the bull by the horns and the
actual organization that already exists.

August-September,

Concerning the statement about the 'Mormon' running


, Utah in many forms... I do not have at my disposal any
information to dispute the claim, but would like to say
this:
1. Would you organize and urge your followers to
put in office and support a member of your
organization?
Would you expect him or her to
take into consideration your views and feelings
and welfare?
2. Are you aware that the Freedom that you have is
given, and was organized by GOD FEARING
MEN AND WOMENwho wrote the Constitution,
and the laws of our land?
Page

1964

(I

37

The American Atheist


3. In Utah, I understand that the population is not
entirely 'Mormon', but is a MAJORITY in some
small towns, etc. Would you expect them to put
in an Atheist, when morally, arid for other
considerations they wouldn't really represent
what they felt?
4. Aieyou forgetting that our laws, etc., are set up
by MAJORITYvote' And that minorities are, by
the law of our land, required, to abide by the
laws, whether they agree or not.
What I am getting at is have you put yourself in the
shoes of the 'Majority', and consider what you would
do?
Our Church has in its 'Articles of Faith' mention of
our feelings about others beliefs. Take the time to read
them and you will see that our Church is a minority
group, and has constantly fought and upheld the very
things you are fighting for. Whynot make an allie of our
Church instead of an enemy? I have always felt that
let each person believe whatever he might, just so he
doesn't go messing with my rights to do the same ...
You have my support along the lines of taxing the
the churches, and for that matter clubs, etc. along with
the rest of us fairly and squarely. Let the chips fall
where they I1Jay,but this is on ly fair. Also concerning
freedoms to work, etc. are sacred to us too ...
This country has lots of room for people to move
around and find a place where they can live.work.and do
their other duties to our country in peace. Don't forget
that the 'Mormons' were persecuted and left their homes
and their farms, lands, etc. to go and live together
where they would be able to live in peace and harmony.
They chose one of the most desolate ph ces in our
country, and were very happy to take it too...
Stop once in a while and consider other people's
position and their feelings, and you will gain allies
for your case a lot faster.
In closing, have you approached the various church
organizations directly in this matter? After all they
are the ones you are combating S0 fiercely. You will
be surprised when you get support where you least
expect it.
How about asking an official in the 'Mormon' church
to answer the claims made by this woman? You might
be surprised, that they will do just that. This would
also be a fair way of ~senting your cause too. I feel
that one accused should have a fair chance of replying
to slams and accusations made, and you should print
the answer right with the claims made against them to
really be fair.
Clinton Due, Hibbing, Minnesota
Page 38

Baltimore,

Maryland 21218

Anyone like to reply to this letter?


The Editor

Dear Editor:
I am very much interested in church-state relations and
have only recently been introduced to your publication
the AMERICAN ATHEIST. Without a doubt you can do
much good in arousing the American people to take a
good look at this whole matter and to do some solid and
clear thinking.
However, I am greatly disturbed at your "Reproduction
of a letter from Utah concerning church-state relations".
You are violating every principle you supposedly stand
for in the whole of American society when you use an
"unsigne
. d" and unsupported letter as evidence of a
cause.
One of the basic tenants of American freedom is that you
have a right to know who your accusers are and to come
face to face with them. It is utterly absurd that a' 'Free
thought Society" would use such tactics and methods.
This is ~ot freethought-this
is more in keeping with
the practices of-the Spanish Inquisition.
Perhaps, what the lady states may be all true, but it
could also be simply a very biased and disgruntled and
prejudiced view. Certainly this kind of evidence would
not be accepted in an American court and rightly so.
No true disciple of freethought would think of accepting
such evidence as fact.
It is my hope that you will change your policy decisively in this regard in order that you can make a greater
contribution to American life.
If I dare to presume you will accept suggestions-some
of the leaders of the National Council of Churches are
stirring up much havoc in their own ranks (if yoo read
the news carefully) by supporting the taxation of church
property and by opposing the Becker amendmentta
recent TIME magazine>.
If we are to be free thinkers we must be sure of our
sources and sure of the positions that others are taking.
I am certain you are doing your best with limited help,
?ut I was in hopes your publications would be on a high
mtellectual level and not giveato rabble rousing proceed
dures.
Vern D. Livengood
Wellington, Kansas
August-September, 1964

The American

Atheist

The praise for our REPRODUCTION OF A LETTER


FROM UTAH CONCERNING CHURCH-STATE
RELATIONS has been very great, especially
from Utahans
who have asked for many additional copies.
Being a
westener himself, your editor has first hand knowledge
of the conditions of Morman control as they exist in
Utah. Quoting from Cosmopolitan magazine for October
1962: "The Church of Jesus Christ of Latter Day Saints
(Mormon Church), ... owns a newspaper, a radio and TV
station
apartment house, hotels, stores and banks.
'welfare farms' operated by the church include one in
Florida which has 740,000 acres and 100,000 Cattle.
Many Mormon business enterprises
are administered by
Zion Securities
Corpora ted, which pays property and

Baltimore,

Maryland

21218

corporate income taxes on all holdings not used [o


religious purposes.
But on the net profit, which goes t.
the Mormon Church, no income tax is paid"
There is sometimes good reason to print unsignei
letters in a magazine such as ours when the letter i~
known to be reasonably factual or makes a signiiican.
comment on our activities.
Full names will be printec
only when permission
is expressely granted or it i:
known to be acceptable to the person. It would be helpful if those of you writing letters to us would indicate
if we may print your name in full or only by initials.

The Editoi

Gentlemen:
I have been donating to your cause, namely the Tax-The-Church suit. I write
., this letter to bring factors to your attention which you might not see from
your position. There are many members of the general public that can be
sympathetic to your cause, but to donate or correspond with you, they must
first ask themselves: What am I getting myself into? You may have considered
the realities of the aftermath of all this, but try to imagine, as would I
and many others, that a congressional inquiry or sirrdlar investigation may
take pl&ce, with a McCarthy-like witch hunt that goes on for several years;
a witch hunt that proves nothing but which does dig up many innuendoes that
serve to destroy careers and reputations. You can say that this is silly,
because this did not happen as the result of the scheol prayer case. Let me
point out that although most people probably privately agreed with you there,
it had one important factor missing: no money was involved. If these present
cases are successful, you can be certain that many powerful forces will be
brought into play. Members of congress, for example, may not all be diehard
churchmen, but they are generally elected amidst pledges of being 'god
fearing', and a loYal member of such-and-such church. In the House of
Representatives, many come from relatively small districts (rural) where
they are in close contact with the voters. This populace is not going to let
these elected representatives sit still and see all that money lost. This
case will have extremely far reaching consequences, and you must be prepared
for the gale forces that will be upon you.
To withstand these forces requires an ilnpeccable organization. First of all,
rec05~ize that millions and millions of people can be sympathetic with this
suit, but are not going to be sympathetic to Atheism. If John Doe considers
donating for this suit, he has visions of a congressman questioning him about
Russia and 'those Atheistic COlllDlunists
over there'. I'm sure I don't have to
amplify my remarks, but the past publicity between COlllDlunism
and Atheism in
headlines will make this situation a natural for future screaming headlines.
Dtvorce this suit entirely from your Atheist Society activities, otherwise
John Doe will not only not touch it now, but he won't help you after you win
the Suits, for you will be too hot ~n issue. You've got to come in clean,
and you're not doing so now ~ct in the eyes of public opinion. The furor
August-September,

1964

Page

39

The American Atheist

Baltimore,

Maryland 21218

that Mrs~ Murray raised ,is nothing compa~ed to what this suit will cause.
The casual churchgoer, the Agnostic, and the fellow who never goes to church
but still claims he belongs to a religion can all be donor-a, ,but when 'you
mix in Atheism with this suit, you drive' them away. Secondly,'yoUr'most10yal
and biggest donor-s can be from the 'intellectual and professional classes.
Not only can these people ill afford to sca:rtheir reputati6n~ 'but by sending
them your magazine, you II!B-y
frj;ghten:them away. The maga,zihe is rather poorly
proofread, and it cOhtains.'{insmallamoimts)
material and. reprinted letters
that leave the impression that. some of your membership is somewhat fanatical.
Dignified, intelligent people don't want thiS kind of relationship. Further,
they are not overly interested in your internecine battle'with Mrs. Murray.
~;hether you recognize it or not, that Saturday Evening Post article was far more
sympathetic to her and' your cause than you might realize. They even printed your
addres.s so that peopLe 'could donate to you. Therefore, if you get new donors, .
.,2encl
,them ~ ne'Wsletter.reporting ~ progress of the Suits, send trial transcript
copies, but lay off theproselytizing~ These people stay home from church in the
first place for the siinple reason that they feel that they can lead a just and
moral life without sermons, and they are not interested in having their life
'organized' by a.church or by you. They don't want to 'belong'. Again: proofread
and~end ~ dignified report. In closing" I will'point'out that I do not sign this
because frankly, your ma&azinehas,frightenedme,
and I am another sympatnetic
John Doe that wants you to win, but who. has fears of this letter being waved at
me by a congressman'at a well publicized hearing. Silly? Perhaps, but I have
considerable wealth and reputation that I do not wish to lose. I take no chances.

This is the best letter we have received to date summirizing the areas in which we can expect to find the
majority of support for our church tax cases.
I n our
opinion the letter is absolutely correct in the assertion
that the "casual churchgoer, the Agnostic, and the
fellow who never goes to church but still claims he
belongs to a religion can all be donors, but when you
mix in Atheism with this suit, you drive them away.JJ
Secondly, the assertion is also. correct that the biggest
donors for these litigations can be from the intellectual
classes, who fear association with Atheism may serve
to destroy their careers and reputations. The advice not
to proselytize Atheism to these people but to submit a
dignified newsletter or report on the progress of the
suits including transcript copies, is also, we believe
accurate and necessary if we are to obtain maximum
support from those who believe the church should pay
its fair share of taxes. Elaborate plans have been made
to contact thousands of these people with no reference
to Atheism.
It is for these reasons that we have stressed that
the church tax cases are being brought before the courts

(as Mrs. Murraycontinues to claim, thus undermining the


support for theeeLitigationsJ
We again state here for
all to read thatsue:a e Atheists and that we believe
AtheismLs a' superior way of life to a belief in God or
practice of religion. We do not begrudge others their
beliefs and are not working to deny them the opportunity
to believe as they choose, nor are we attempting to
destroy (by taxation) their beliefs.
Other Americans, lnc., membership is $12.00 per year
which includes in addition to the membership a free
subscription to the Other Americans Newsletter and
the American Atheist magazine. It is contemplated that
possibly an alternative membership should be available
not offering a free magazine subscription, in addition
to the newsletter subscription, but instead a resume of
our legal activities, in the seoaration of church and
state produced three or four times a year. We would like
to know the ideas of others' on this subject. Also, we
would like to print "letters to the editor" in next
month's magazine on the subject of "the wisdom of
mixing Atheism with matters of church-state separation".
Please let us know how you feel on this delicate subject.

in an ~ffort to end tax'atfgn ,r.'vi~h6utrepre~e~iati'on',~nd./~:'"::.,~~ha;nk;s:_~}r


.,
to obtain true Reli[5i'J..ur;
Freedc:."!and not as an Atheis1ic(~".:~.
ns (;":,,oJ
effort to reek destructj9n upon religion and the chu~9lj",} 'I'
Page 40

,,~I

,,

(~
,

)'

The Editor

August-September,

1964

The American

Atheist

Baltimore,

Maryland

21218

Remember - The Jesuit Priest is a citizen of the Church


-not of any nation.
The Jesuits have always been involved in plots to
destroy representative governments:
In England - The Gunpowder Plot.
In France, - Massacre of St. Bartholomew's Eve.
In Italy - Bloody Opposition to Unification of Italy.
In Mexico - Empire of Maximillian.
In U.S. - The Assassination
of

This

space

the

"American

journal

for advertisements
Atheist".

This

and the advertisements

NO OTHER - philosophy.
even solicit it.
ments interesting.

is a standard
is

a freethought

will reflect

We encourage

feature

this - AND

Other books by Emmett Mcl.oughlin

are 20ct a word for per word advertisement.

Block advertisement
is sold at the rate of $100.00 per
page (fraction of page - % page or over - priced proportionally

Read the documented details in "AN INQUI'RYINTO THE


ASSASSINATIONOF ABRAHAMLINCOLN"
by Emmett McLoughlin

advertisement,

We think you will find our advertise-

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An Inquiry into the Assassination of


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in the Catholic

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God published a tale of a girl and a ghost,


Of devils in pigs and His son on a cross,
And ordered our race to believe it or roast F'OR HIS MERCY ENDURETH FOREVER!
Freethought paper, sample free:

o
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Add 30c to each item to cover shipping.


ORDER FROM
NOBLE SALES COMPANY

APPEAL TO REASON
355 EAST THOMAS ROAD, B-206

(Steve Wagner, Editor)


1590 Fremont Dr.,
Thousand Oaks,
California 91360

PHOENIX 12, ARIZONA

WANTED:
READ THE RIPSAW (BIMONTHLY)
A FREETHOUGHT

PAPER

Sample 104.

BOOKS ON FREETHOUGHT
A. W. Lindholm
659Yz Wabash Avenue
Terre Haute, Indiana

PHILOSOPHY

THE RIPSAW

P. O. Box 3002 Sta. B


South Bend, Indiana

August-September,

1964

Page

41

The American Atheist

Baltimore,

Maryland 21218

PROFESSIONAL TOURIST, privately printed, $2. paperback, an ideal Winter Solstice Gift for Believers who
wish to become Thinkers. Order Now for November
delivery. Gus Goltz {and Pootzie} 2651-A N. Downer
(upper) , Milwaukee, USA, 53211.
Send no money.
(Poverty, Negro Question, Philosophy, Ecology amid
Nature's Bounty=-ond
little brown balls aplenty).

EXTREMELY VITAL AND REVEALING INFORMATION


Octogenerian Pearl Cline has donated her "Mourning for
Dumb,Mankind" to our organization. It is an excellent
and stirring Freethought booklet of poetry You can help
our organization by buying this book from us for $1.00
The price is right. Freethought Society of America,
2502 North Calvert Street, Baltimore, Maryland 21218.

ABOUT THE ROMAN CATHOLIC


INFORMATION
NEED

CHURCH.

TIMELY

FOR AN UNDERSTANDING

OF THE

FOR THE

CHURCH

TAX

CASES.

READ:

MONEY AND THE ROMAN CATHOLIC CHURCH


BARGAIN: Amusingly profound freethought quotations
of famous philosophers. (Voltaire, Thoreau, Niet sche,
Darwin etc.) Nicely printed on durable 3JAx5W' cards.
Perfect for display, stimulating conversations, unique
post cards etc. Sure to delight any freethinker.
20 for $1.00 - all different
50 for 2.00 - all different
100 for 3.00 - all different

SINGLE COPIES - 25 Plus 15 Postage and Handling

john W. Webster
P. O. Box 1829
Milwaukee, Wisconsin

Wehave received the following letter which


we reproduce here as an ADVERTISEMENT:
Dear Sir:
.. .I am of the Islamic faith and if you are familiar with
its philosophy, I am sure you know that our religion is
a religion of reason based on facts. Much is said contrary to this but on unsubstantiated evidence for the
most part. Wehave much in common and I would like
to see some cooperation on both sides in propagating
the truth.
Please let me know of any way I might be of some service. I specialize in literature onthis subject.
Sincerely,
Dawoud Hakim
HAKIM'SBOOK MART &BAZAAR
202 South 52nd Street
Phila. 39, Pa., PH: GR 4-7948

Page 42

August-September,

1964

PRAYER
'IS A DSE SE
OF MANS' WI L
...Ralph Waldo Emerson

So Far As The Religion


Of The Day Is Concerned,

It Is All A Damned Fake.


- - Thomas A. Edison

As For A Future Life,


Every Man Must Judge F10r
Himself Between Conflicting
Vague Probabilities.
-- Charles Darwin

CONGRESSIONAL RECORD-SENATE
CONSTITUTIONAL
AMENDMENT TO PUT
PREAMBLE
OF THE U.S. CONSTITUTION.

"UNDER

GOD"

IN THE

Mr. Boggs (R., La.).


Mr. President,
on behalf of myself,
and
Senators
Williams
of Delaware,
Bennett,
Byrd of West Virginia,
Carlson,
Fong, Jordan of North Carolina,
Lausche,
Moss, Simpson,
Thurmond,
and Walters, I introduce
a proposed
constitutional
amendment and ask that it be appropriately
referred.
The problem
we face is that while we are a religious
people,
with a national
background
of reliance
upon divine providence,
there are forces at work which seek to divorce any accent of spirituality from our public affairs.
These
forces would deny that as a
whole nation we need to call upon Almighty God for guidance
and
dir~ction.
How do we change

such

a trend?

I think we would all agree that as individuals


we can help call
attention
to our spiritual
heritage
by our own actions and statements.
But we need to do something
more in a legal
sense
to ward off
attacks
on the spiritual
customs
and references
which have been
such an important good influence
on our national life.
It is necessary,
therefore,
to consider
the basic
documents
of Our Nation.
Attention
has already
been
focused
on the
Constitution,
of
course,
as a result of the Supreme Court school prayer decisions
over the past
2 years.
Amendments
have been offered
to permit
voluntary
prayer
and Bible reading
in public
schools,
and I am a
cosponsor
of the amendment
introduced
by Senator Simpson.
I am
beginning
to think that, even if one were adopted,
it might not meet
the whole problem because
of its own limitations
to school Bible
reading and school prayer.
On the other hand I am convinced
that
done
soon to prevent
further
erosion
of

something
needs
to be.
our spiritual
heritage.

What I suggest is that 'we look to the preamble of the Constitution.


Specifically,
this proposed
amendment
to the preamble
would add
the words "under God" to it. As amended, the preamble would read:

We the people of the United States, in order to form a more


union, establish
justice,
insure domestic
tranquility
provide
common defense,
promote the general
welfare,
and secure the
ings of liberty to ourselves
and our posterity,
do ordain and
lish,

under

God,

this

Co~stitution

for the United

Does the growing move to aulaio neutralism


Freethought

Society

of America:

Its true office is to expound the nature and extent and application
of powers actually
conferred
by the Constitution
and not substanti v ely to create
them.
From my own studies,
as well as efforts
by the American
Law
Division
of the Library of Congress,
I feel assured
that insertion
of
the "under
God" phrase
would add a spiritual
dimension
to the
Constitution
that the Supreme Court would consider
in deciding
any
cases before it. As it is now, there is no such written toehold in the
Constitution
to which the Justices
can refer.
How great the influence
of the phrase
would be, only time would tell; but in my opinion,
it
would be enough to tip the scales
in favor of our Narion is spiritual
heritage.
A brief comment
is also
necessary,
I think,
on the possible
question of the relation of this proposal
to the principle
of separation
of church and state.
The l st and 14th amendments,
and Supreme
Court decisions
stemming from these
amendments,
set forth the separation
principle,
.and this proposed
change in the preamble
is in no
way intended
to be in conflict
with this basic principle.
To repeat once again, the preamble
is concerned
with the spirit
of the Constitution,
not with conferring
any powers.
Adding "under
God" would neither establish
religion nor interfere
with it. It would
however, add a spiritual
tone to our fundamental
law and help extend
this uplifting
tone to the conduct
of our public affairs.

to religion disturb you?

Subscribe

to the AMERICAN
Other Americans

to the AMERICAN

ATHEIST

magazine

ATHEIST

the costs

of church and state,

Freethought Society Of ~Unerica


2502 North Calvert Street
Baltimore, Maryland 21218
Dear Sirs:

with anything Senator Boggs

$5. per year.

at least contribute
e.g.

Or, better yet, become a

is $12. per year for which you receive

and the OTHER AMERICANS

to our magazine,

for separation

magazine,

lnc., membership

wish to become a member of O.A. or subscribe


of our legal activities

Do you disagree

on inside of back cover)

If so, find out how great the problem really is and what is being done about it by the

member of the legal arm of our organization


year's free subscription

of America.

Authorities
on the Constitution,
including
the Supreme Court itself,
declare
that the purpose
of the preamble
is to indicate
the
origin,
scope,
and purpose
of the provisions
which follow.
The
authorities
hold that, while the Preamble
itself
does not give any
substantive
powers to any branch of government,
it does set a tone,
indicate
direction,
and has an influence
on the application
of powers
actually
conferred.
To quote Mr. Justice
Story in his commentaries
referring
to the preamble:

(continued

has said here or with his proposal?

States

perfect
for the
blessestab-

NEWSLETTER.

If you do not

to our legal fund which is used to cover

our chu 'ch tax cases.

THE EDITOR

Make checks
payable
FREETHOUGHT
SOC" OF AM., (for subscription)
or OTHER AMERICANS, INC., (for OA membership or Legal Fund dorra t i on . )

I am interested in your organization and activities


and desire the fo~owing:
_________one year's subscription to your magazine for which I enclose ~5
one year's membership in OTHER
AMERleIINS
Inc. for which I enclose 012
----to
simply contribute to your LEGAL
FUND
of Other A'mericansfor churchstate separation, enclosed ~
_

Date:

N~:

ADDRESS~:

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(,T'T'V

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