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Morality and Decency Conference Speakers
 
 

 
 

 Fabricated Censorship

   

Alan Sears   

Alan Sears is the president, CEO, and general counsel of the Alliance Defense Fund (ADF). Since ADF’s inception in 1994, he has led the strategy, training, funding, and litigation initiatives in the legal battle to defend and protect religious freedom, the sanctity of life, marriage and the family.

In 1993, Dr. James Dobson, the late Dr. Bill Bright, the late Larry Burkett, Dr. D. James Kennedy, and the other founders of the Alliance Defense Fund, were prayerfully seeking God’s direction for the right person to lead the fledgling organization. They selected Alan Sears, of whom Dr. Bright said God had uniquely prepared for this role.

Under Alan’s leadership, ADF has gone from an idea to the nation’s largest religious liberty legal alliance. In that time, ADF has funded more than 1,400 cases, trained over 850 volunteer allied attorneys through its National Litigation Academy program, and 400 first and second year law students through its Blackstone Legal Fellowship. ADF and its allies have also been successful in 30 cases before the United States Supreme Court.

Previously, Alan held numerous positions with the United States Government including the Department of Justice, under Attorneys General William French Smith and Ed Meese III, as an Assistant United States Attorney and Chief of Criminal Section; as Director of the Attorney General’s commission on Pornography; and the Department of Interior under Secretary Donald Hodel as an Associate Solicitor, with other not for profit public interest legal organizations, and in the private practice of law.

As a federal prosecutor, Alan was responsible for running regional and national task forces, prosecuted hundreds of complex federal crimes, and argued 22 cases before the federal court of appeals (with only one loss).

Alan also wrote state and federal laws, testified before the committees of the U.S. House and Senate, and before 22 state legislatures. Twenty states adopted his recommendations. He has spoken before committees of the British Parliament and at the Vatican, as well as training hundreds of law enforcement officials from Australia to Scotland Yard.

As a result of his impressive record, the liberal American Bar Association’s magazine, Barrister, once recognized him as one of the outstanding young lawyers in America.

Alan has appeared on more than one thousand radio and television programs, including ABC’s 20/20 and Nightline, Fox's O'Reilly Factor, NBC’s Today, and media outlets such as CNN, PBS, and CBS News. He has also been featured on Dr. James Dobson’s Focus on the Family program more than 25 times. He is the co-author of The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today with Craig Osten, published by Broadman and Holman in June 2003, co-author of The ACLU vs. America with Craig Osten, published by Broadman and Holman in 2005, and has written numerous other publications.

Alan has a rare blend of experience in administration, intense legal practice in both private and public sectors, and expertise in First Amendment issues. Under Alan’s leadership, the Alliance Defense Fund has a three to one success rate in cases litigated to conclusion.

A graduate of the University of Kentucky, with a Juris Doctor from Louis D. Brandeis School of Law, Sears is a member in good standing with the American, Arizona, California, District of Columbia, and Kentucky Bar Associations.


 
 
   


 

 

 

 

 

 



 

   

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” – The Establishment Clause of the First Amendment to the United States Constitution

These words have been used by left-leaning courts and organizations to fabricate a so-called “wall of separation between church and state,” a metaphor that has been used to censor any public acknowledgement of religious faith.

But was that the founding fathers’ intention? Hardly. And the Sept. 17 anniversary of the signing of the Constitution is the perfect time to put the disinformation to rest.

In fact, the individual most frequently cited by left-wing historians as the chief architect of this “wall” did not participate in the writing or ratification of what has become known as the “establishment clause” of the Constitution. That individual is Thomas Jefferson.

The 1800 presidential election between Jefferson and John Adams was one of the most vicious in our nation’s history. In Connecticut, where the Congregational Church was still recognized as the state’s established church, church members were observed burying family Bibles in the backyard out of fear that Jefferson was going to ban the Word of God.

When Jefferson became president, he received a congratulatory message from a Connecticut group, the Danbury Baptist Association. They hoped that his well-known stance against any state-established church could influence the situation with the Congregational Church in Connecticut.

But Jefferson felt very strongly that the federal government should not interfere with a state’s authority to create or fund such a church, and therefore nothing could be done by Washington, D.C., about the congregationalists. Jefferson replied with the now-infamous words: “I contemplate with sovereign reverence that act of the whole American people which declared that their [national] legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church and State.”

Interestingly, Jefferson allowed — and even attended — church services in the U.S. Capitol, the Treasury and War Department buildings, and the Supreme Court. Doesn’t sound like someone that was concerned about the government’s participation in the expression of religious faith, as some would see it. Today, Jefferson would probably find himself in a courtroom being stared down at by an ACLU attorney.

So, where did the present misinterpretation of this so-called “wall” really come from, if not from Jefferson? Much of it comes from the 1947 Supreme Court decision, Everson v. Board of Education of Ewing Township.

In Everson, the plaintiff (Everson) and the ACLU objected to the state of New Jersey using tax dollars to support school bus transportation for parochial students. While the court ruled in favor of the state’s funding, Associate Justice Hugo Black inserted the following words in the opinion: “The First Amendment has erected a wall between church and state. That wall must be high and impregnable. We could not approve the slightest breach.”

Never underestimate the power of just a few words, especially when placed in the wrong hands. Those who sought to remove America’s Christian heritage used this assertion as a blank check to claim that the so-called “wall of separation” does not allow any public expression of faith, since any such expression would be a breach, regardless what the founding fathers intended!

Joseph Story (1779-1845) a former U.S. Supreme Court justice and Harvard Law professor, wrote in his 1833 volume, Commentaries on the U.S. Constitution: “...The duty of supporting religion, and especially the Christian religion, is very different from the right to force the consciences of other men, or to punish them for worshipping God in the matter, which, they believe, their accountability to Him requires... The rights of conscience are, indeed, beyond the just reach of human power.”

The last sentence is particularly instructive, as groups such as the ACLU and Americans United for Separation of Church and State have gone out of their way, through the courts, to violate the rights of conscience of sincere religious believers.

But there is a light at the end of the tunnel. Recently, the U.S. Court of Appeals for the 6th Circuit, expressed its frustration over the misuse of this metaphor. Ruling on the constitutionality of a Ten Commandments display in Kentucky, the court wrote, “This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state.”

It’s about time that a court recognized that this wall is just part of a house of cards, ready to fall at any minute. Hopefully, as more and more truth shines down on the true meaning of Jefferson’s words, the ACLU’s house of cards will come toppling down, and our First Liberty — religious freedom — will thrive once again.

 

 
 

 

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****Centers for Decency is a part of Alleluia Ministries, a not-for-profit organization, which encourages, motivates, educates, and equips the family and community in morality and decency, by battling the pornography.  Donations can be sent to 5161 San Felipe, Suite 320, Houston, Texas 77056, or call: 713.266.2715.