Judge rules FFRF hometown case against religious tax exemptions may proceed

A judge issued a ruling on Friday allowing a lawsuit to move forward that the Freedom From Religion Foundation and three Madison, Wis., residents filedagainst an unconstitutional tax exemption benefiting the rental properties owned by two religious entities in their hometown.

The suit challenges a property tax exemption that was created and then amended to benefit specific church-owned rental properties to the tune of hundreds of thousands of dollars annually. The Pres House and Lumen House Apartments, both serving student renters and owned by two of the defendants, are explicitly relieved of paying their share of taxes.

The judge denied the defendants’ motions to dismiss and the case will proceed — a big step toward securing a decision that will end the unconstitutional exemption.

The exemption is unlawful under the Wisconsin Constitution on several counts, the plaintiffs contend. The exemption harms property tax-paying plaintiffs Annie Laurie Gaylor and Dan Barker, FFRF co-presidents, and David Peterson, by forcing them and all other city of Madison property taxpayers to pay higher property taxes to make up for the unlawful omission of these properties from the tax rolls. Further, the exemption harms plaintiff FFRF, by favoring rental properties owned by two religious nonprofit organizations to the exclusion of all other nonprofits that may desire to run student apartments in the future.

“The court can make the reasonable inference that the exemption as it exists today does not have a reasonable relation to a legitimate purpose of government,” Dane County Circuit Judge Julie Genovese writes in her court order. “As such, plaintiffs have alleged facts sufficient to support a claim that the exemption violates the Uniformity Clause” of the Wisconsin constitution.

The Wisconsin Legislature enacted the property tax exemption in 2009 to benefit the Pres House Apartments owned by the Presbyterian Student Center Foundation. The Legislature approved an amendment in 2013 to benefit the Lumen House Apartments, owned by St. Raphael’s Congregation within the Diocese of Madison. The Legislature at that time adopted language to prevent additional properties from ever qualifying for this property tax exemption. No other properties in Madison or Wisconsin can ever benefit, and the exemption specifically targets properties serving University of Wisconsin-Madison students to the exclusion of students at all other colleges.

The Pres House Apartments’ current market value likely exceeds $25 million, with estimated property taxes owed in excess of $300,000 annually. The Lumen House Apartments’ current market value likely exceeds $7.6 million, with estimated property taxes exceeding $94,000 annually. Based on their combined estimated $33 million in value, omitting these properties from the tax rolls is approximately the equivalent of exempting an entire neighborhood from paying property taxes, FFRF asserts in the legal complaint.

The city of Madison, which is also named as a defendant in the suit, is unwilling to cease applying this unlawful tax exemption. On April 4, 2024, FFRF’s counsel sent a letter to the city of Madison assessor, Michelle Drea, laying out the legal reasons why the exemption is unlawful under the Wisconsin Constitution. Within hours, Drea replied strongly disagreeing.

The tax exemption that the Pres House and Lumen House Apartments benefit from is unconstitutional for multiple reasons, the plaintiffs contend. The exemption violates the Uniformity Clause of the Wisconsin Constitution, which states, in part, “The rule of taxation shall be uniform.” The exemption breaches, too, the Equal Protection Clause set forth in Article I, Section 1 of the Wisconsin Constitution by creating a distinct classification, student rental properties meeting extremely specific criteria and treating this class significantly differently from all other similarly situated properties. And the exemption is in contravention of Article IV, Section 18 of the Wisconsin Constitution, which states: “No private or local bill which may be passed by the Legislature shall embrace more than one subject, and that shall be expressed in the title.”

Judge Genovese recognized the validity of three claims that FFRF and its co-plaintiffs have put forward, but granted dismissal of the claim that the laws grant unlawful “preference” to religion under Article I, Section 18 of the Wisconsin Constitution.

“We are pleased to move forward with this case,” said FFRF Legal Director Patrick Elliott. “This suit serves all taxpayers in Madison and ensures that the State Legislature is not allowed to favor specific churches for special tax benefits.”

Plaintiffs Annie Laurie Gaylor and Dan Barker are city of Madison, Wis., residents and property owners. Plaintiff David Peterson, as representative of the David Peterson Revocable Trust, is a city of Madison, Wis., resident and property owner. Plaintiff the Freedom From Religion Foundation is a 501(c)3 nonprofit headquartered in the city of Madison, Wis. FFRF works as an umbrella for those who are free from religion and are committed to the cherished principle of separation of state and church.

The post Judge rules FFRF hometown case against religious tax exemptions may proceed appeared first on Freedom From Religion Foundation.

Secular groups urge Okla. officials to reject religious public charter school application

A secular coalition is urging today the Oklahoma Statewide Charter School Board to reject Ben Gamla Jewish Charter School’s application to form the nation’s first religious public charter school.

The groups assert that approval would be a flagrant violation of the religious freedom of Oklahomans and the constitutional promise of church-state separation, as well as Oklahoma’s guarantee that public schools be open to all. In a letter to the board, the coalition explains the many ways Ben Gamla’s proposed school would violate state and federal law by indoctrinating students in a specific religion and discriminating against students, staff and, potentially, parents. The groups also point to substantial deficiencies in required elements throughout the application.

The letter is authored by the Freedom From Religion Foundation, Americans United for Separation of Church and State, the American Civil Liberties Union, Education Law Center and Oklahoma Appleseed Center for Law and Justice. Most of these organizations represented Oklahoma public school advocates, parents, and faith leaders in a 2023 lawsuit to block Oklahoma from creating and funding St. Isidore of Seville Catholic Virtual School, a proposed religious public charter school that was ruled unconstitutional by the Oklahoma Supreme Court in 2024, a decision the U.S. Supreme Court let stand in 2025.
 
In today’s letter, the groups detail how Ben Gamla’s proposal would similarly violate the U.S. Constitution, the Oklahoma Constitution, the Oklahoma Charter Schools Act and the board’s own regulations, which make clear that charter schools are public schools that must be secular and open to all students and cannot use religion as a license to discriminate in admissions or employment.

“Public charter schools are public schools, and public schools must be secular,” said Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation. “Allowing a religious charter school would open the door to government-funded religious indoctrination and discrimination, undermining the religious freedom of students, families and taxpayers alike. Oklahoma has already seen where this road leads, and there is no lawful basis to repeat that mistake.”  

“Establishing the nation’s first religious public school would be a dangerous sea change for American democracy,” said Rachel Laser, president and CEO of Americans United. “We urge the board to protect public education and the religious freedom of Oklahoma taxpayers and students by rejecting Ben Gamla’s application. Public schools aren’t and should never be religious schools.”

“The very idea of a religious public school is a constitutional oxymoron,” said Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief. “We hope the board rejects this application and safeguards the religious liberty of Oklahoma students, families and taxpayers.”

“Although the Oklahoma Supreme Court has already made crystal clear that a religious charter school would violate the law, we are again faced with the need to oppose the establishment and public funding of such a school in the state,” said Jessica Levin, litigation director at Education Law Center. “We are proud to stand with a large and diverse group of people in Oklahoma and across the country who will fight to maintain a secular public education system that is open to all and rejects discrimination of any kind.”

“Public dollars should strengthen public schools that welcome every child, not be diverted to religious institutions that exclude or indoctrinate,” said Brent Rowland, interim executive director and legal director at Oklahoma Appleseed. “The Constitution’s separation of church and state protects both religious freedom and public education. When the state funds a religious charter school, it violates that promise and drains scarce resources from the neighborhood public schools that most Oklahoma families rely on. At a moment when our communities are desperate for meaningful investment in public education, Oklahoma officials should reject this application and uphold the constitutional guardrails that serve all students.”

Attorneys authoring the letter include Samuel T. Grover and Kyle J. Steinberg at FFRF; Alex J. Luchenitser and Luke Anderson at Americans United; Daniel Mach at the ACLU; Jessica Levin, Wendy Lecker, Patrick Cremin and Katrina Reichert at ELC; and Brent L. Rowland and Morgan Bandy at Oklahoma Appleseed.

The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to defending the constitutional principle of separation between state and church and educating the public on matters relating to nontheism. With about 42,000 members, FFRF is the largest association of freethinkers (atheists, agnostics and humanists) in North America. For more information, visit ffrf.org.

Founded in 1947, Americans United for Separation of Church and State is a religious freedom advocacy organization that educates Americans about the importance of church-state separation in safeguarding religious freedom.

Education Law Center (ELC) pursues justice and equity for public school students by enforcing their right to a high-quality education in safe, equitable, nondiscriminatory, integrated and well-funded learning environments. ELC seeks to support and improve public schools as the center of communities and the foundation of a multicultural and multiracial democratic society. Visit edlawcenter.org.

For more than 100 years, the American Civil Liberties Union (ACLU) has worked in courts, legislatures and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all. For more information, visit www.aclu.org.

Oklahoma Appleseed Center for Law and Justice is a 501(c)3 public interest law firm that fights for the rights and opportunities of every Oklahoman.

The post Secular groups urge Okla. officials to reject religious public charter school application appeared first on Freedom From Religion Foundation.

AU & allies urge Oklahoma officials to reject application for Ben Gamla religious public school

A coalition of civil rights organizations today urged the Oklahoma Statewide Charter School Board to reject Ben Gamla Jewish Charter School’s application to form the nation’s first religious public charter school, which would be a flagrant violation of Oklahomans’ religious freedom and the constitutional promise of church-state separation, as well as Oklahoma’s guarantee that public schools be open to all. 

Ben Gamla’s proposed school would violate state and federal law

In a letter to the board, the coalition explained the many ways Ben Gamla’s proposed school would violate state and federal law by indoctrinating students in a specific religion and discriminating against students, staff and, potentially, parents. The groups also pointed to substantial deficiencies in required elements throughout the application.

The letter was authored by Americans United for Separation of Church and State, the American Civil Liberties Union, Education Law Center, Freedom From Religion Foundation and Oklahoma Appleseed Center for Law and Justice. Most of these organizations represented Oklahoma public school advocates, parents, and faith leaders in a 2023 lawsuit to block Oklahoma from creating and funding St. Isidore of Seville Catholic Virtual School, a proposed religious public charter school that was ruled unconstitutional by the Oklahoma Supreme Court in 2024, a decision the U.S. Supreme Court let stand in 2025.

In today’s letter, the groups detail how Ben Gamla’s proposal would similarly violate the U.S. Constitution, the Oklahoma Constitution, the Oklahoma Charter Schools Act and the board’s own regulations, which make clear that charter schools are public schools that must be secular and open to all students and cannot use religion as a license to discriminate in admissions or employment.

Board should reject Ben Gamla’s application

“Establishing the nation’s first religious public school would be a dangerous sea change for American democracy,” said Rachel Laser, president and CEO of Americans United. “We urge the board to protect public education and the religious freedom of Oklahoma taxpayers and students by rejecting Ben Gamla’s application. Public schools aren’t and should never be religious schools.”

“The very idea of a religious public school is a constitutional oxymoron,” said Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief. “We hope the board rejects this application and safeguards the religious liberty of Oklahoma students, families, and taxpayers.”

“Although the Oklahoma Supreme Court has already made crystal clear that a religious charter school would violate the law, we are again faced with the need to oppose the establishment and public funding of such a school in the state,” said Jessica Levin, litigation director at Education Law Center. “We are proud to stand with a large and diverse group of people in Oklahoma and across the country who will fight to maintain a secular public education system that is open to all and rejects discrimination of any kind.”

“Public charter schools are public schools, and public schools must be secular,” said Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation. “Allowing a religious charter school would open the door to government-funded religious indoctrination and discrimination, undermining the religious freedom of students, families and taxpayers alike. Oklahoma has already seen where this road leads, and there is no lawful basis to repeat that mistake.”  

“Public dollars should strengthen public schools that welcome every child, not be diverted to religious institutions that exclude or indoctrinate,” said Brent Rowland, interim executive director and legal director at Oklahoma Appleseed. “The Constitution’s separation of church and state protects both religious freedom and public education. When the state funds a religious charter school, it violates that promise and drains scarce resources from the neighborhood public schools that most Oklahoma families rely on. At a moment when our communities are desperate for meaningful investment in public education, Oklahoma officials should reject this application and uphold the constitutional guardrails that serve all students.”

Attorneys authoring the letter include Alex J. Luchenitser and Luke Anderson at Americans United; Daniel Mach at the ACLU; Jessica Levin, Wendy Lecker, Patrick Cremin and Katrina Reichert at ELC; Samuel T. Grover and Kyle J. Steinberg at FFRF; and Brent L. Rowland and Morgan Bandy at Oklahoma Appleseed.

Federal court allows Tennessee parents & faith leaders to oppose Wilberforce Academy

KNOX COUNTY, Tenn. — Five taxpayers in Knox County, Tenn., who support public education and church-state separation have been granted permission by the U.S. District Court for the Eastern District of Tennessee to intervene in Wilberforce Academy of Knoxville v. Knox County Board of Education. The court determined that these taxpayers, all parents of current or former Knox County public school students, had a legal right to participate in the lawsuit, which centers on the constitutionality of a religious public charter school attempting to open in Knox County. These taxpayers are now intervenor-defendants in the lawsuit.

No other party defending Tenn. law forbidding religious public charter schools

In response to their motion filed last week, the court ruled that the parent taxpayers “demonstrated direct and concrete interests in: (1) preventing the potential unlawful use of taxpayer funds to establish religion and (2) ensuring that their children’s education is not diminished by the diversion of funds to religious schools.” The court also noted the serious stakes of the case and the fact that no other party planned to defend the constitutionality of Tennessee law forbidding religious charter schools.

The intervenors are represented by Americans United for Separation of Church and State, the Education Law Center, American Civil Liberties Union, the ACLU of Tennessee, Freedom From Religion Foundation, the Southern Poverty Law Center, and the law firm Morrison Foerster pro bono. The counsel team issued the following statement:

No opposition to taxpayers’ participation in Wilberforce Academy lawsuit

“There is no question that Knox County taxpayers, including our clients, have a substantial interest in preventing their tax dollars from illegally funding a religious public school. Likewise, public school parents have a clear interest in preventing already-scarce funding from being diverted away from their children’s schools to pay for religious instruction.

“We are pleased that neither side opposed our clients’ participation in the Wilberforce Academy lawsuit, and that the court immediately recognized our clients’ right to assert a vigorous defense of the laws forbidding religious public education.

“Someone needs to stand up for the cherished and longstanding American principle of church-state separation and for the public schools that are the cornerstone of our democracy. We’re proud to represent these clients, who have stepped up to do just that.”

2026 National Prayer Breakfast Opposition Letter – Organizational and Community Leaders Sign On

The post 2026 National Prayer Breakfast Opposition Letter – Organizational and Community Leaders Sign On appeared first on Secular Coalition for America.

Knox County taxpayers fight attempt to open a religious charter school

Knoxville News Sentinel (Knoxville, TN)
By Keenan Thomas

The post Knox County taxpayers fight attempt to open a religious charter school appeared first on Freedom From Religion Foundation.

FFRF lambastes arrest of Don Lemon due to privileging of churches 

The Freedom From Religion Foundation castigates the shocking arrest of journalist Don Lemon and three others in connection with a recent protest at a church in St. Paul, Minn.

Lemon was covering a protest of ICE and, in particular, the church’s pastor, who is an ICE official. The arrest of Lemon, after a federal magistrate judge had already rejected a criminal complaint, raises grave First Amendment concerns. That the Department of Justice pursued him anyway, reportedly out of anger at the court’s decision, underscores the political nature of his arrest and its chilling effect on press freedom and the First Amendment.

“The arrest of one of the nation’s most recognizable journalists, who was simply covering a protest, represents a dangerous escalation of government overreach. It’s an attack on the free press and a misuse of federal law,” say FFRF Co-Presidents Dan Barker and Annie Laurie Gaylor. “It’s also an unconstitutional prioritization of certain pastors and religious institutions over the civil liberties of citizens.”

Rather than defending constitutional rights, Attorney General Pam Bondi took to social media last week to announce federal arrests and proclaim, “WE WILL PROTECT OUR HOUSES OF WORSHIP” and “WE DO NOT TOLERATE ATTACKS ON PLACES OF WORSHIP.” These public declarations make clear that the administration is extending extraordinary protection to a religious institution while ignoring or actively enabling daily violations of citizens’ rights.

Government resources are being marshaled to shield a church from protest, scrutiny and reporting, even as federal authorities have killed peaceful protesters, terrorized immigrant communities and eroded fundamental civil liberties with little accountability. While protecting houses of worship from violence or credible threats of violence is a legitimate government interest, the rush to invoke federal law to suppress protest and journalism is not. Laws meant to protect individuals are instead being repurposed to privilege powerful religious institutions.

“This case is part of a broader pattern FFRF confronts every day: the government treating churches as uniquely deserving of special protection, deference and insulation from criticism,” adds FFRF Attorney Chris Line. “The First Amendment neither grants houses of worship immunity from protest nor does it permit the government to weaponize federal statutes to suppress speech because it occurs near or within a religious setting.”

FFRF stands firmly for the First Amendment, including its guarantees for the separation of state and church, freedom of the press and the right of citizens to protest government action, including when that protest implicates religious institutions entangled with state power. Selective enforcement that elevates churches while punishing journalists and protesters undermines the Constitution and endangers democratic accountability.

The government’s job is to protect the Constitution — not to act as the enforcement arm of religious privilege at the expense of public accountability and fundamental rights. FFRF calls for the immediate dismissal of unwarranted charges against Lemon.

The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to defending the constitutional principle of separation between state and church and educating the public on matters relating to nontheism. With about 42,000 members, FFRF is the largest association of freethinkers (atheists, agnostics and humanists) in North America. For more information, visit ffrf.org.

The post FFRF lambastes arrest of Don Lemon due to privileging of churches  appeared first on Freedom From Religion Foundation.

Riverton (Utah) City Councilmember claims residents have only ‘God-given rights’ 

The Freedom From Religion Foundation is admonishing a Riverton (Utah) City Councilmember for telling residents during a meeting that they “actually don’t have any First Amendment rights” — only “God-given rights.”

Councilmember Spencer Haymond made the remarks on Jan. 20 while members of the public, including FFRF’s complainant, were in attendance.

“Tonight here, we’ve talked a lot about our First Amendment rights, and one interesting thing is you actually don’t have any First Amendment rights,” Haymond said. “You have God-given rights that your First Amendment protects, that stops your government from infringing upon your God-given rights.”

FFRF has written to Haymond objecting to the comments and warning they violate the constitutional requirement that government officials remain neutral toward religion.

“It is deeply troubling for an elected official to tell citizens that their constitutional rights come from God rather than from the Constitution itself,” says FFRF Legal Counsel Chris Line. “The First Amendment is not a theological concept. It is a legal guarantee that protects the rights of all Americans, including the 34 percent of adults in Utah who are nonreligious.”

A Riverton resident who attended the meeting reported feeling disrespected and marginalized by Haymond’s remarks, saying they felt like an outsider at their own City Council meeting when the councilmember used his position to preach religious beliefs and deny their First Amendment rights.

FFRF noted that this is not the first time Haymond has been warned about promoting religion in his official capacity. Last May, FFRF wrote to Haymond after he authored a column in the city newsletter asserting that “divine guidance played a crucial role” in America’s founding. The letter explained that government officials may not use their offices or government platforms to advance religious belief.

“Despite being put on notice, Councilmember Haymond has again crossed the same constitutional line,” Line says. “Public officials are free to hold personal religious beliefs, but they may not use taxpayer-funded positions or official meetings to promote religion or present religious doctrine as civic truth.”

FFRF is urging Haymond to refrain from making religiously promotional statements during City Council meetings and to respect the rights of all Riverton residents — religious and nonreligious alike.

FFRF will continue monitoring the situation to ensure Riverton officials comply with their constitutional obligations.

The Freedom From Religion Foundation is a national nonprofit organization with 42,000 members and several chapters nationwide, including hundreds of members and a chapter in Utah. FFRF’s purposes are to defend the constitutional principle of separation between church and state, and to educate the public on matters relating to nontheism.

The post Riverton (Utah) City Councilmember claims residents have only ‘God-given rights’  appeared first on Freedom From Religion Foundation.

Freethought Radio – January 29, 2026

Peruvian journalist Paola Ugaz tells us how her investigation (with colleague Pedro Salinas) led to the downfall of the Sodalitium, a Catholic cult that was sexually, physically and psychologically abusing young people.

The post Freethought Radio – January 29, 2026 appeared first on Freedom From Religion Foundation.

No choice about it: vouchers hurt public schools and fund religion

The Freedom From Religion Foundation cautions that the almost unrestrained expansion of so-called school choice programs continues to overwhelmingly divert public education dollars into private, mostly religious, schools while undermining our public school system.

National School Choice Week, observed Jan. 25–31, is a conjured-up PR campaign for voucher programs, education savings accounts (ESAs) and tax-credit schemes that redirect taxpayer funds away from public schools. Despite slick marketing and heavy political spending, these programs are neither about “choice” nor about improving education outcomes.

“School vouchers are a massive transfer of public money to private religious institutions at the expense of our public schools,” says FFRF Co-President Dan Barker. “They weaken public schools, erode accountability and force most taxpayers to subsidize religious instruction in which they disbelieve.”

Public money, religious indoctrination
The majority of private schools participating in voucher programs are religious, nearly 70 percent, and 76 percent of private-school students attend a religious school. In many voucher states, the numbers are even more lopsided. For instance, in Arizona roughly 96 percent of voucher recipients attend religious schools.

Voucher programs therefore function as a public subsidy for religious education, violating the fundamental constitutional principle that no taxpayer should not be compelled to support religion, especially someone else’s. While public schools welcome all students, religious and nonreligious alike, preserving a neutrality that serves all, religiously segregated schools typically require prayer, religious instruction and adherence to faith-based doctrine as a condition of enrollment.

No academic benefit, less oversight
Despite decades of promises, voucher programs have failed to deliver better academic outcomes. Numerous studies show voucher students performing no better, and often worse, than their public-school peers. Meanwhile, private schools receiving public funds are usually exempt from basic transparency requirements, standardized testing, accreditation standards and public oversight.

FFRF’s maxim is: Where public money goes, public accountability must follow. When public money goes to private schools, the public loses the right to know how that money is being spent. That lack of accountability has led to documented fraud, school closures and students left stranded mid-year.

Discrimination and segregation
Voucher-funded schools are allowed to discriminate against students and staff based on religion, sexual orientation, gender identity or disability — practices that would be illegal in public schools. These programs also exacerbate segregation, allowing schools to pick and choose students while draining resources from neighborhood public schools that must serve all children.

A coordinated political push
The recent expansion of voucher programs has been driven by well-funded political groups and religious lobbying organizations, not by grassroots demand. Wealthy donors and national advocacy groups have poured millions into state legislatures to pressure lawmakers into dismantling public education systems under the misleading banner of “choice.”

“Calling these programs ‘educational freedom’ or ‘school choice’ doesn’t change the reality,” notes Barker. “They are an ideological effort to privatize education and inject religion into taxpayer-funded schooling.”

FFRF urges lawmakers to invest in public schools
FFRF calls on policymakers to reject voucher expansion and instead invest in strengthening our public schools — the bedrock of our democracy and which are open to all students, accountable to taxpayers and committed to educating, not indoctrinating.

The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to defending the constitutional principle of separation between state and church and educating the public on matters relating to nontheism. With about 42,000 members, FFRF is the largest association of freethinkers (atheists, agnostics and humanists) in North America. For more information, visit ffrf.org.

The post No choice about it: vouchers hurt public schools and fund religion appeared first on Freedom From Religion Foundation.