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ACLU Applauds Decision by State Health Officials to Recall Religious AIDS Education Brochures
April 8, 2003
MIAMI ? The American Civil Liberties Union (ACLU) of Florida today commended state health officials for quickly recalling religious AIDS brochures just one day after receiving a letter demanding the removal of the pamphlets from a state-approved materials list.
"We're glad the state responded so quickly in this instance, but frankly they had little choice," said Howard Simon, Executive Director of the ACLU of Florida. "Thousands of brochures had been distributed by the state and the error in judgment was there for everyone to see."
"At the same time, behind closed doors and far less visibly, state agencies are making judgments right now about the use of funds to support the religious activities of sectarian organizations," added Simon. "Today's quick response just postpones the battle over Governor Bush's faith-based initiatives for another day."
On April 3, Simon faxed a demand letter to Dr. John O. Agwunobi, Secretary of the Florida Department of Health, and Beth Swisher, of the department's Bureau of HIV/AIDS, that outlined ACLU concerns with brochures entitled A Christian Response to AIDS. The 16-page pamphlet, with the name and logo of the Florida Department of Health displayed prominently on the cover, was loaded with Bible verses and images of Jesus Christ healing the sick. An excerpt: "Answer Jesus' Call! Reaching out to people with HIV and AIDS ? and their families, friends and caregivers ? is a way for each of us to grow in our relationship with Jesus Christ."
The ACLU said in its letter that sectarian messages are inappropriate for agencies of the State of Florida and that the department's actions were clearly in violation of the First Amendment's prohibition against the state's endorsement of religion. "A Christian Response to AIDS is certainly an appropriate choice for Christians who desire to purchase, distribute, and advance its sectarian message," wrote Simon. "However, it is wholly inappropriate for the Florida Department of Health to sponsor and promote this message."
Just one day after receiving the letter, Department of Health HIV/AIDS Bureau Chief Tom Liberti announced the state had decided to remove the brochure from the agency's list of approved educational materials after consulting with agency lawyers. According to news reports, the agency directed community health groups and local health departments that were using the brochure to take copies out of all offices and waiting rooms and return them to the department.
Agwunobi faxed an official response letter to the ACLU office on Monday, April 7, 2003 stating that the department's also will recall any brochures that bear the department's name and logo and ensure that "no state funds, either directly or indirectly, are expended in the future on this or similar publications."
