Frequently Asked Questions

GENERAL

• What is ADF?

  ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.

• Who are your founders?

  The leaders of more than 35 ministries came together to found ADF in 1993. We were then officially launched in 1994 by our Founders, who are primarily: the late Dr. Bill Bright, Founder, Campus Crusade for Christ; the late Larry Burkett, Co-Founder, Crown Financial Ministries; Dr. James C. Dobson, Founder and Chairman Emeritus, Focus on the Family; the late Dr. D. James Kennedy, Senior Pastor, Coral Ridge Ministries; the late Marlin Maddoux, Host, “Point of View” radio program; and the late William Pew, Chairman, Maranatha Foundation. Their primary concern was the dramatic loss of religious freedom and the future ability of people of faith to live and share the Truth of the Gospel.

• Why were you formed?

  For decades, the American Civil Liberties Union and its allies used the courts to drive out public expressions of faith and radically change America into something our Founding Fathers never intended. Religious freedom was rapidly being eroded and a twisted view of the First Amendment was being advanced through the ACLU’s relentless campaign of fear, intimidation, and disinformation.

  Despite outstanding efforts by many Christians, our Founders saw a battlefield in disarray with inadequate resources to win. There were allies, but no alliance. There was limited unity of effort and limited common strategy. There was also no organized method to recruit and train Christian attorneys in modern legal challenges, and inadequate funding allowed much territory to be lost by default. One big myth also emerged during this period: many believed that the ACLU and its allies could never actually be defeated.

• What do you do?

  ADF is a legal alliance defending the right to hear and speak the Truth.  Our founders saw three primary areas where the battle was most aggressively being fought to silence Truth. Those three core areas are what make up our primary scope of work today: the legal defense and advocacy of religious freedom, the sanctity of life, and marriage and the family. Our work in these three areas involves a unique combination of strategy, training, funding, and litigation.

• What does ADF not do?

  ADF was founded for a unique purpose: to aggressively defend religious liberty by empowering an alliance, recognizing that together, we can accomplish far more than we can alone. This means we do not duplicate our allies' work nor aid them in areas outside the scope of our mission.

• Why don’t you try to pass legislation or lobby government officials?

  ADF was created to serve as a legal organization and not as a public policy organization, though we work with many excellent allied policy organizations on related legal issues. Many of our founders were already involved in public policy and saw the special need for the ADF role in the judiciary.

   ADF operates under the strict charter given to us by our founders.  We focus exclusively on legal cases and projects impacting religious freedom, the sanctity of human life, and protecting marriage and the family.  While there are many worthy causes outside of these parameters, we must concentrate on these areas to most effectively achieve our mission. This means that, while we defend legislative initiatives pertaining to our mission in court, and join forces with allies in many legal endeavors, ADF refrains from participating in or promoting any type of legislation or political parties – ADF does not lobby government officials.

  There are many fine organizations which focus on the legislative arena, and there is no need to duplicate their efforts. One of our founding ministries is Focus on the Family, which has established policy councils in almost every state. You may want to contact these organizations for help on state policy matters. On the national level, you may want to contact our allies with the Family Research Council.

• What is your mission statement?

  ADF is a servant organization that provides the resources that will keep the door open for the spread of the Gospel and transform the legal system through the legal defense and advocacy of religious freedom, the sanctity of life, and marriage and the family.

• How are you different from other organizations?

  ADF is a one-of-a-kind organization in many ways; most notably, we are a legal alliance, not just a legal organization. As an alliance, we use the combination of strategy, training, funding, and litigation. Though other organizations may have their own litigation teams, no other organization in the world is using strategy, training, and funding at the level in which we are operating.

• I don’t want too much mail

  We understand that many people are concerned about their general mail volume – and not just what they receive from ADF. You may be pleased to know that we actually mail much less often than many national ministries. We want our friends and supporters to be informed and equipped to knowledgeably pray about our efforts, as we believe that without God, we can do nothing (John 15:5). Normally, we send our monthly prayer letters and quarterly magazine to all who make contributions, unless they specifically ask not to be put on the mailing list.

  If receiving mail is not the most convenient way to keep updated on our cases and projects please feel free to call our offices at 1-800-TELL-ADF (835-5233) or use the contact form here to let us know your mail preferences.

• Do you share my name or contact information with anyone else or any other group?

  Your concern is our concern: ADF will handle your personal information with the utmost care and confidentiality. ADF will never sell, rent, or make available your name for non-ADF purposes or information related to your gifts.

• How can I help?

  The most important way you can help us is with your prayers and financial support. Without Christ, we can do nothing (John 15:5) and we would so appreciate your prayers for all our efforts. You can find a regularly updated prayer request list here. We also face well-funded opposition and would be honored by your gift of any amount. To stand with us financially, please click here, and know that we will maximize every penny we receive to make a serious impact on what tomorrow looks like in America.

  Additional ways you can help to keep in mind are:

  • Signing up for e-mail alerts to stay informed on cases and projects that affect the future of our nation.
  • Direct any Christian lawyers you know to our training program called the ADF Legal Academy
  • Tell any Christian student you know who is entering or considering law school to learn about our paid summer internship, called the Blackstone Legal Fellowship.
  • Inform your pastor, elders, or church leaders about the ADF Church Project (http://www.speakupmovement.org/church)
  • Refer college students you know to our website for them at http://www.speakupmovement.org/Home/University.
  • Order our pamphlets and materials and spread the word to those you know who should know about our work.
  • Be our eyes and ears in your community. If you think someone is in need of our legal assistance, tell them to call us at 1-800-TELL-ADF (835-5233).
• I’d like to work for ADF

  We appreciate your desire to join our team! In order to find the most current listing of job opportunities, please visit our employment section of our website at www.telladf.org/Careers. If there is a position that is of interest to you please follow the instructions to submit your resume and cover letter.

Technical Issues

• Trouble receiving or accessing e-mail alerts?

  Would you be so kind as to assist us in gathering information about your experience by using the contact form, giving a brief summary of your experience, and answering the following questions?

  1. What operating system do you have – Windows Vista, Windows XP, Mac OS X, etc?
  2. What browser are you using – Explorer, Firefox, Safari?
  3. Do you have a high-speed Internet connection or dial-up?

  Your feedback provides us with details that may be very important in resolving this situation.

• Trouble watching a video?

  We are sorry to hear that you are having trouble viewing the video we sent to you.

  ADF uses the popular video sharing sites - like YouTube and Vimeo - to post most of the videos we share with our ministry friends on our various websites. There are some minimum system requirements that must be met on your computer in order to properly view these videos:

  • Adobe Flash Player version 7.0+ must be installed on your system
    • You can easily find out what Flash version is installed on your computer by going to http://kb2.adobe.com/cps/155/tn_15507.html
    • If the version of the Flash Player is less than 7.0, you can download and install the most up-to-date version for free by going to http://get.adobe.com/flashplayer/?promoid=DXLUJ
  • If your computer is a PC, you must be running Windows 2000, XP, or Vista. If your computer is a Mac, you must be running OS X 10.3 or higher.
  • You must be using the web browser Internet Explorer version 5.0, Firefox 1.1, or Safari 1.0 – or more recent versions of any of those. If your browser does not meet these requirements, you can download the latest versions for free with these links:
    • Internet Explorer: http://www.microsoft.com/windows/internet-explorer/default.aspx
    • Firefox: http://www.mozilla.com/en-US/firefox/ie.html
    • Safari: http://support.apple.com/downloads/#internet

  A high-speed Internet connection is also recommended to download files with large sizes that are associated with watching a video.

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ALLIES

• Why don’t all similar organizations simply merge into one?

  We appreciate your question about the different ministries and organizations combining – or at least, working together – and so did the ADF Founders. Before ADF was formed, our founders saw allies, but no alliance. There was limited unity of effort and limited common strategy. Thus, ADF was formed to be not just a legal organization, but the desperately needed legal alliance. You can read more about how we meet this need through strategy, training, funding, and litigation.

  However, as to specifically why all allied organizations do not simply “merge” and become one, the answer is similar to the reason why all “religious” organizations do not become one. Most legal organizations have very specialized roles; for example, two groups may deal with highly technical pro-life issues, another may deal only with zoning and local regulation of pornography.  There are also areas of disagreement outside of the common mission areas. In addition, since most of the groups are faith-based, there can also be some theological differences that, while not affecting our common work, would make a “merger” unlikely.

  Ultimately, almost every legal entity serves in a unique "niche." In reality there is very little duplication or overlap by those participating in strategy through the alliance.

• What is your relationship with the American Center for Law and Justice (ACLJ)?

  Over the years, ACLJ lawyers have been a valuable part of the Alliance.  Many ACLJ attorneys have been trained and participated in our ADF Legal Academy (formerly known as National Litigation Academy), and we have provided substantial funding for ACLJ cases that are related to our mission.

  We have worked together with ACLJ in coordinating legal strategies on key cases within our scope since our founding, and though we have some common objectives, our ministries are very different.  ACLJ is more broadly involved in policy and media, while ADF has focused more specifically on transforming the legal system through strategy, training, funding, and litigation.

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OPPONENTS

• Why don’t you go on the offensive?

  To answer in short—we are on the offensive.  ADF, in coordination with our allies, is taking the offensive against the ACLU and its allies to remove oppressive legal barriers to the free exercise of religion and to secure religious freedom, the sanctity of human life, and marriage and the family for future generations.

  Two excellent examples of aggressively shifting to offense are the Church and University Projects. The Church Project will unleash the voice of the Church through the coordinated efforts of Pulpit Freedom Sunday, The Pulpit Initiative, and other measures. The Church Project has been shaping a legal environment in which churches and pastors are free to speak, act, and minister in accordance with biblical principles, without fear of loss of tax exemption or government censorship, punishment, or unlawful regulation. Learn more at http://www.speakupmovement.org/church.

  The University Project is an aggressive campaign to restore religious liberty to our nation’s public university campuses.  It will dramatically reshape the legal environment at public universities for Christian and conservative students and faculty. Learn more at http://www.speakupmovement.org/Home/University.

• Why don’t you just sue the ACLU?

  ADF directly engages the ACLU and its allies in the courtroom on a regular basis, and by God’s grace, we regularly win. In fact, ADF and our allies have a record of winning more than three fourths of all cases litigated to a conclusion. Each of these victories helps to build precedents that make it more difficult for the ACLU and its allies to achieve their radical goals through using the legal system.

  We are sometimes asked why ADF doesn't simply sue the ACLU or one of its allies for religious discrimination. We must point out that we are unaware of any such legal grounds to sustain such a general lawsuit against the free speech rights of the ACLU and its allies. So it is instead through the unique combination of strategy, training, funding, and litigation that ADF is protecting what we have, reclaiming what we’ve lost, and shaping a future where our nation’s laws protect religious freedom, the sanctity of life, and marriage and the family.

• Does the ACLU receive taxpayers’ money?

  When the ACLU wins in certain federal lawsuits, they will try to force the government to pay their attorneys fees under 42 U.S.C. § 1988; payment of such fees usually comes out of the taxpayer’s pocket.  The intent of the law was to encourage individuals to vindicate their civil rights, not to fund a misguided interpretation of the so-called “separation of church and state.” Yet that is exactly how the ACLU and its allies use the attorneys fee provision: to fund their lawsuits challenging issues such as Christmas concerts in public schools, prayer in city council meetings, Ten Commandments monuments, etc.

  Congress has considered (but not enacted) corrective legislation that would clarify that § 1988 should not be used to fund “separation of church and state” claims against public officials who acknowledge, or allow others to acknowledge, God on public property.  If the law is amended, those actions could still be brought, but the possibility of the plaintiff recovering attorneys fees would be either reduced or entirely eliminated.

  This issue is addressed fully in Chapter 6 of our book, The ACLU vs. America: Exposing the Agenda to Redefine Moral Values. 

  In the meantime, ADF will continue to oppose the ACLU and its allies in the courtroom. The more we defeat them, as our record of winning over three-fourths of all cases litigated to a conclusion shows, the more we will set new precedents that make it more difficult for the ACLU and its allies to achieve their radical goals through using the legal system.

• The ACLU isn’t all bad… doesn’t it represent Christians sometimes?

  This question regarding the American Civil Liberties Union (ACLU) representing Christians can best be answered through the words of the ACLU’s founder, Roger Baldwin. The following is taken from our book, The ACLU vs. America, page 17:

  In addition, Baldwin developed the strategy – still used today – to occasionally defend a conservative to illustrate it was nonpartisan. And, as in the early days, the ACLU has a few associates who not only espouse a broad support of free speech, but will actually take steps, in a few times and places, to defend speech they personally disagree with. Yet the ACLU’s infrequent, even rare, defense of conservatives or orthodox and traditional persons of faith is often just a tactic to advance its agenda for left-wing causes. *As Baldwin noted in 1934, “If I aid the reactionaries to get free speech now and then, if I go outside the class struggle to fight against censorship, it is only because those liberties help to create a more hospitable atmosphere for working class liberties.” William Donohue commented, “In other words, the occasional defense of right-wing extremists opens up the courts, thereby making it easier for the ACLU to defend its ideological kinfolk on the left.”

  A copy of the book The ACLU vs. America can be ordered here.

• Where does the ACLU get its funding?

  The ACLU boasts of almost 400,000 dues-paying members, more than 2,000 volunteer attorneys, and 60 staff attorneys.  In 2007, it had revenues exceeding $80 million. The ACLU Foundation has assets exceeding $407 million. The endowment fund includes a $7 million grant from the Ford Foundation (in 1999). The ACLU has also received an $8 million grant from Peter Lewis, the founder and CEO of Progressive Insurance, and $12 million from George Soros and the Open Society Institute. This incredible war chest is used to engage in legal intimidation and campaigns of fear and disinformation against the religious expression of Christians. It is also used to further the homosexual legal agenda, including attempts to force same-sex “marriage” on society through the court system.  Furthermore, these monies have been used to convince courts to legalize abortion, restrict parental rights, and to side with sexually oriented businesses over children and families – along with many other positions in direct opposition to Judeo-Christian values.

  The ACLU also relies upon the 42 U.S.C. s. 1988 law, which authorizes the recovery of attorneys’ fees from government entities when a plaintiff prevails in certain federal civil rights actions. The intent of the law was to encourage individuals to vindicate their civil rights, not to fund a misguided interpretation of the so-called “separation of church and state.” Yet that is exactly how the ACLU and its allies use the attorneys’ fee provision: to challenge issues such as Christmas concerts in public schools, prayer in city council meetings, Ten Commandments monuments, etc.

  This and other information regarding the ACLU can be found in the book The ACLU vs. America by ADF President, CEO and General Counsel Alan Sears and ADF Vice-President of Research Craig Osten. To order a copy of the book, click here.

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FINANCIAL

• Are donations to ADF tax-deductible?

  ADF is recognized by the IRS as an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Service Code, and contributions are tax-deductible to the extent allowed by law. We are not a private foundation and we continue to operate as a publicly supported organization as described in IRC Sections 509(a)(1) and 170(b)(1)(A)(vi).

• How are you funded?

  ADF is entirely dependent on the generosity of our Ministry Friends for our sustenance. We accept no government funds.

• What is your budget and where do funds go?

  Our annual budget is approximately $36.1 million. Funds were expended in the following percentages for our past fiscal year: 6.2 % General & Administrative; 9.3% Development; 84.5% Programs.

  ADF is a “no-debt” ministry, which means we only move forward with initiatives as God's people provide the resources in advance. We do not borrow operating funds, and we only implement our programs based on available funds already in the bank. We retain funds committed to grants we have awarded for cases and projects in a designated account. An organization or attorney who is awarded a grant is not paid until the work or expenses are completed.

• Who keeps you accountable?

  We are governed by a 12-member, non-paid, independent board of directors that has adopted principles of financial accountability, which include strict internal controls, external and board oversight, and a Ministry Friend Bill of Rights. Additionally, our annual 990 return filed with the IRS is available to view online at www.guidestar.org.

  We have been a member in good standing with the Evangelical Council for Financial Accountability (ECFA) since 1995, the year ADF first became eligible to join. More about ECFA and its standards for membership are available on the ECFA website at http://www.ecfa.org/HomePage.aspx.  ADF complies with individual state charitable registration requirements and also submits to an annual audit by an independent accounting firm.

  Furthermore, ADF has been evaluated by Charity Navigator, an online charity watchdog group (http://www.charitynavigator.org/). For six consecutive years, we received the highest possible rating of four stars, and last year, Charity Navigator President and CEO Ken Berger congratulated ADF on this accomplishment and wrote in a letter: “Only two percent of the charities we’ve rated have received at least six consecutive four-star evaluations, indicating that Alliance Defense Fund consistently executes its mission in a fiscally responsible way, and outperforms most other charities in America. This ‘exceptional’ designation from Charity Navigator differentiates Alliance Defense Fund from its peers and demonstrates to the public that it is worthy of their trust.”

• Why do you not belong to the Better Business Bureau?

  ADF has chosen to belong to the Evangelical Council for Financial Accountability (ECFA) and their Christian ministry standards of responsible stewardship.  ADF has been a member in good standing with the ECFA since 1995 when ADF first became eligible to join.  More about ECFA, its standards for membership, and information about choosing a ministry to support are available on the ECFA website at http://www.ecfa.org/HomePage.aspx. Because of this, ADF does not typically attempt to keep track of other group’s standards, such as those of the Better Business Bureau (BBB).

• How much does each case cost?

  Litigation is expensive; even filing a single brief as a “friend of the court” may cost upwards of $5,000 in attorney time and direct costs.  When litigating a case as a full party to the lawsuit, costs may range from $10-20,000 for a simple case that requires little fact-finding and uncomplicated legal briefing. If a full trial is required, costs will escalate toward six figures, and if the case progresses through the  Appeals Court, to the U.S. Supreme Court, and then back to the District Court (perhaps more than once), then the costs will be into the millions.

  ADF seeks maximum return on every dollar invested. We have trained more than 1,500 attorneys through our Legal Academy program, and each lawyer makes a faith commitment to provide up to 450 pro-bono/dedicated hours. Some attorneys have given above the 450 hours, and to date, this program has contributed to nearly $136 million of pro-bono legal work.

• Why do you maintain cash on hand?

  ADF policy only allows us to move forward with initiatives as God's people provide the resources in advance. We retain funds designated for the grants we have awarded for cases and projects in a separate account. An organization or attorney who is awarded a grant is not paid until the work or expenses are completed. Therefore, accountability is built into the process.

  Under the early leadership of the late ADF Founder and Financial Counselor Larry Burkett, ADF adopted the policy of "raising money this year for what we plan next year." This means that for each of the ADF programs – Blackstone Legal Fellowship law student training, ADF Legal Academy lawyer training, case grants, etc. – ADF raises the money before it signs contracts, commits to enroll students, or funds a case. This also means ADF is an exemplary witness of keeping its commitments.

• How can I receive a grant for a legal case?

  Grant applications are available on this web site or by contacting our Grants and Funding Department.

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LEGAL

General

• Questions about a particular case?

  Most details about our cases involve confidential information protected by the attorney-client privilege; we therefore cannot ethically respond to every question in full.  An excellent source of information for most of our cases is found through our ADF news releases which may be found at http://www.adfmedia.org/. Still having trouble or have a general question? Then send us a message using the appropriate contact us form found here.

• Need legal assistance?

  If you are involved in a possible legal situation or think you might need legal assistance, please contact our legal intake team or call 1-800-TELL-ADF (835-5233).

Religious Freedom

• Why is there such a false understanding of the “separation of church and state” in our society?

  America was founded on the pursuit of religious liberty, including the liberty to acknowledge God and to pray in the public square.

  This liberty originates in higher law, or “the laws of nature and of nature's God,” as the Declaration of Independence puts it. In the words of Rabbi Daniel Lapin, the founders modeled themselves “upon God's ancient people” and “wrote what they considered to be a modern-day interpretation of the basic biblical principles of government.”

  Those principles demand a place for religious expression in the public square. Unfortunately, radical advocates have long been trying to re-write the Constitution by making the First Amendment say something it doesn't. The First Amendment plainly forbids the creation of a national denomination, because that would be an “establishment of religion.” It says nothing about the so-called “separation of church and state.”

  Even those who agitate to remove the Ten Commandments monuments or bar volunteer prayers at government meetings – when pressed - that the so-called “separation of church and state” is not in the Constitution.

• Do you defend only Christians?

  The free exercise of religion is America's "First Liberty,” and is both fundamental and inalienable. The ADF founders believed that America was in desperate need of a unique Christ-centered legal alliance dedicated to dramatically elevate the legal efforts for the preservation of religious liberty and the ability of people of faith to hear and speak the Truth of the Gospel – a right that was slowly and methodically being eroded away through the legal efforts of the ACLU and its allies. Because the principles of religious freedom apply broadly, ADF has assisted people of other faith traditions in the past when it advances our common cause for religious freedom. In extremely rare situations, ADF has assisted persons who claim no particular faith when the legal principle is crucial and prevailing in the case – and will advance the ADF mission. Whether a particular case is accepted for representation depends on its alignment within our mission and the capacity of our team.

Sanctity of Life

• What is the ADF position on abortion?

  ADF is unapologetically pro-life and believes that God is the author and creator of all life. We believe this requires all believers to work together toward fostering a culture of life, where all life is sacred – from conception to death.

  Unfortunately, we live in an age where life is regarded with apathy. We believe this ambivalence has led to legalized abortion on demand, as well as efforts to legalize assisted suicide. As a result, human life is cheapened and society at large is harmed. ADF does not condone illegal violence used to defend the sanctity of human life.

• Why doesn’t ADF sue to overturn Roe v. Wade?

  In short, at this time it is not possible to mount a successful legal challenge to the 1973 case that effectively legalized abortion – Roe v. Wade. It is instead through the unique ADF combination of strategy (with allies on pro-life issues), training (of future pro-life judges), funding (of the pro-life cases and projects of allies), and litigation (of ADF pro-life clients and situations) that we strive to see our nation’s laws once again affirm and respect human life.

• If you are not overturning Roe v. Wade right now, how else is ADF protecting and advancing the sanctity of life?

  We actively work to oppose partial-birth abortion and all other forms of abortion on demand, as well as the public funding of abortion. We oppose methods of "research" or "family planning" that require the taking of human life and any efforts to legalize euthanasia. We defend pharmacists’, nurses’, and doctors’ right of conscience to not be forced to assist in the taking of innocent life. We also defend the free speech rights of pro-life demonstrators, and support the legality of parental notification and informed consent laws.

Marriage and the Homosexual Agenda

• How do I find more information and resources on this subject?

  ADF vigorously defends marriage between one man and one woman. Additionally, there are many allies who focus on topical and tactical questions regarding same-sex “marriage” and homosexual behavior. We suggest you consider visiting the websites of the following allies:

  • Citizen Link
  • Family Research Council
  • Institute for Marriage and Public Policy
  • Ruth Institute
• What can I do for a family member caught in a struggle with homosexual behavior?

  We suggest you consider contacting one of the following ministries that specialize in meeting the physical, emotional, and spiritual needs of people struggling with homosexual behavior:

  • Exodus International Ministries
  • Love in Action
  • Living Hope
  • Love Won Out

Churches

• How do I find information and resources for my church and pastor?

  Information and resources for your church and pastor can be found at our Church website: www.speakupmovement.org/Church/

• How do I invite ADF to come and speak at my church?

  Contact ADF

• Are churches allowed to worship in public school facilities?

  Yes. In victorious cases litigated by ADF and its allies, such as Bronx Household of Faith v. Board of Education of the City of New York, it has been made clear that if a school allows access to public facilities to private groups, it cannot deny access to a religious group. This applies equally to churches conducting worship services. For example, if a civic club is allowed to meet, the state can't deny a church the right to meet on the same terms as the civic club.

  ***If you are facing a circumstance that prompted this question, please call our office at 1-800-TELL-ADF (835-5233) or click here to talk more about the specifics of your situation.

• What are the guidelines for what a pastor can say from the pulpit about state and federal elections?

  You can learn more about this at www.speakupmovement.org/Church/LearnMore/Details/3767

Students

• Are students allowed to bring the Bible to school?

  Yes. There is no legal authority that allows a public school to "ban" its students from possessing a Bible on campus – from kindergarten on up. Students may read their personal Bibles during non-instructional time and may use them as a resource for class assignments – when that use squarely meets the academic purpose for the assignment – in all but the most rare situations.

  ***If you are facing a circumstance that prompted this question, please call our office at 1-800-TELL-ADF (835-5233) or click here to talk more about the specifics of your situation.

• Is it legal for a student to pray at school?

  Yes.  A student has the right to pray at school. However, it is important to remember that prayer – just like any form of speech – cannot be done in a way that disrupts the classroom. Students can certainly pray quietly, and it is permissible for several students to pray together. The general test is whether it causes a significant disruption of the school’s educational duties. Assuming it does not, there should be no prohibition against praying on campus.

  ***If you are facing a circumstance that prompted this question, please call our office at 1-800-TELL-ADF (835-5233) or click here to talk more about the specifics of your situation.

• Under current case law, is prayer at public school graduation ceremonies constitutional?

  In most of the United States, yes. Student speakers, such as valedictorians or salutatorians, can incorporate a prayer or other religious sentiment into their presentations. However, under current guidelines, the school system, its employees, teachers, and officials must not be involved in determining whether to have prayer, selecting the prayer itself, or selecting the person to present the prayer. Nor may students collectively decide whether to have prayer. However, a deviation from this national standard stems from one case in the U.S. Court of Appeals for the Ninth Circuit. That court held, in a disturbing ruling, that school officials could censor religious speech from a valedictorian's graduation address. In Cole v. Oroville Union High School District, 228 F.3d 1092 (9th Cir. 2000), a valedictorian composed a speech which included many references to Jesus Christ. The school principal, who reviewed all student speeches to be given at graduation ceremonies, forbade the valedictorian from delivering the speech as written, and instructed him to purge the "sectarian" language. The valedictorian refused to do so and the principal accordingly refused to allow him to deliver his address at the ceremony.

  The Ninth Circuit held that the principal's censorship was required to avoid an Establishment Clause violation. Ignoring the fact that the U.S. Supreme Court has never upheld a free speech violation on Establishment Clause grounds, the court held that because the school district retained "plenary control" over the graduation ceremony, any religious speech occurring from the podium would be attributable to the state and would therefore constitute an impermissible endorsement of religion.

  Even though the Ninth Circuit's decision in Cole flies in the face of established free speech principles and is nothing less than judicially endorsed viewpoint discrimination, it currently may be applied to school districts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands.

  ***If you are facing a circumstance that prompted this question, please call our office at 1-800-TELL-ADF (835-5233) or click here to talk more about the specifics of your situation.

• Why does ADF support school choice?

  We are often told, “If we allow public tax money to be used in private, Christian schools, it could open up the door to government involvement and control.”

  Some concerns about school choice are legitimate, and it will take a great deal of vigilance from Christians and Christian legal groups to make sure that choice, such as vouchers, does not open the door to government regulation of private, Christian schools, and homeschools. However, we see school choice as allowing such Christian schools to compete on a level playing field with secular schools, and as a step to undercut the highly secularized, radical agenda of the National Education Association, its allies, and its philosophy. Ultimately, parents’ right to control their child's education must be protected. It is our hope and prayer that vouchers will also open the door to tax credits for those who pay tuition to private schools, or to those who pay taxes yet choose to school their children at home. ADF understands that some Christian schools may elect not to participate in voucher, tuition aid, or tax credit programs – but that should be the free choice of the school, not one made by a government official.

• Can students present books or videos of a religious nature for class assignments or show-and-tell?

  When the student is allowed to bring in a book or video of their choosing for an assignment or show-and-tell, religious books or videos should not be subjected to discrimination.

  ***If you are facing a circumstance that prompted this question, please call our office at 1-800-TELL-ADF (835-5233) or click here to talk more about the specifics of your situation.

Workplace

• Are Bible studies allowed at work if one does them on his or her own time (i.e., before or after work)?

  Yes.  Voluntary Bible studies can be permitted at the workplace. Non-religious employers cannot generally require people to attend or base job performance evaluations on whether they are attending the Bible study.

  ***If you are facing a circumstance that prompted this question, please call our office at 1-800-TELL-ADF (835-5233) or click here to talk more about the specifics of your situation.

• I've been the target of religious discrimination at work – can ADF assist me?

  Government employers are rquired to respect the First Amendment rights of their employees. Private employers must respect religious liberties under the law known as Title VII. The good news is that neither public nor private secular employers may discriminate on the basis of religion.

  However, to steward our limited resources, our Board of Directors has decided that ADF will not pursue Title VII (private employer) cases at this time. Depending on the facts of your situation, we may be able to put you in touch with an attorney who will handle your case - ADF works with nearly 2,100 allied attorneys around the country. For more information on Title VII and religious discrimination, visit the Equal Employment Opportunity Commission website at http://www.eeoc.gov/types/religion.html.

  IMPORTANT: If you are employed by a government entity and have experienced religious discrimination at your job, please contact us at 1-800-TELL-ADF (1-800-835-5233) or complete our legal help form and tell us your story. ADF may be able to resolve the First Amendment issues in your situation.

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