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THE WHITE HOUSE
WASHINGTON
TO:
Jim Baker
FROM: FAITH R. WHITTLESEY
Information
Action
I thought you should see
the attached suggestion.
= per Tey, DOJ already basis
would be for
potential vidence-
THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM TO: FAITH WHITTLESEY
THROUGH:
FROM:
Morton C. Blackwell 121 m
Jack Courtemanche
SUBJECT:
Alternate Proposal for Nebraska School Action
Finally we have a new option we should consider in the
Nebraska Christian school crisis.
It seems that the Justice Department has a Community Relations
Service which is designed to ease tensions in localities
where mediation might be helpful. This is a mandate broad
enough to cover the current problems.
The Community Relations Service could offer the good offices
of the Administration in a way not previously provided. Since
the discussion process involved is not one which includes
court actions, we could avoid the problem of a new theory of
intrusion in states' rights.
The potential for violence has helped deter us from other
actions. Now, if there is violence, we could be blamed
for failing to respond to cries for help.
The attached story in the "Washington Times" gives the right
impression of the ferment among our supporters in the religious
community. In my view, we must do something. The Community
Relations Service of DOJ is the best idea I've seen.
MCB:jet
1 Attachment a/s
TUESDAY, DECEMBER 20, 1983
The Washington Times
White House rebuffs plea
to help jailed Nebraskans
braska 7" supporters could show state edu-
By Bill Kling
cation officials were practicing religious
WASHINGTON TIMES STAFF
discrimination against Faith Christian
The White House yesterday denied a re-
School.
quest by eight nationally prominent evan-
Among the evangelical preachers who
gelical ministers to meet with President
sought an audience with Mr. Reagan were
Reagan to personally plead for his interven-
four with nationwide television ministries
tion in the long, bitter church-state battle
reaching millions of viewers each week.
over unaccredited Faith Christian School in
They are the Rev. Jerry Falwell of
Louisville, Neb.
Lynchburg, Va., who also is president of the
Also rebuffed were three senators and a
Moral Majority; the Rev. Jimmy Swaggart
of Baton Rouge, La.; the Rev. Dr. D. James
congressman, all Republicans, through
Kennedy of Fort Lauderdale, Fla.; and the
whom the ministers relayed their meeting
Rev. Dr. Charles Stanley of Atlanta.
request to White House counselor Edwin
Another, the Rev. Dr. Tim LaHaye of San
Meese III and James Baker III, White House
Diego, Calif., has been assigned by the
chief of staff.
Reagan-Bush '84 Committee the task of
Consistent with a policy adopted at the
White House on Friday, Mr. Meese and Mr.
keeping "the Christian Right" in the
Baker decided not to agree to the meeting,
president's re-election corner for next year.
continuing the Reagan administration on a
His wife, Beverly, is head of Christian
collision course with politically active reli-
Women of America.
gious conservatives who have supported the
Others were the Rev. Dr. James T. Draper
president and his policies in the past.
of Fort Worth, Texas, president of the
"There was never any plan for the presi-
Southern Baptist Convention; the Rev. Dr.
dent to meet with any representatives in the
William R. Bright of San Bernardino, Calif.,
Nebraska school case," C. Anson Franklin,
president of the Christian Campus Crusade;
an assistant White House press secretary,
and the Rev. Dr. Ed Rowe of Wheaton, III.,
told The Washington Times. "He thought it
president of the Church League of America.
was more appropriate that they meet with
Seeking the meeting with Mr. Reagan for
(Education Secretary Terrel H. Bell) and
the evangelicals were Sen. Roger H. Jepsen,
they did so."
R-Iowa; Sen. Orrin Hatch, R-Utah; Sen. Bill
Meanwhile, writs of habeas corpus were
Armstrong, R-Colo.; and Rep. George Han-
filed yesterday with the Nebraska Supreme
sen, R-Idaho.
Court seeking the release from jail of seven
The eight preachers signed a letter to Mr.
men, dubbed the "Nebraska 7," who have
Reagan urging him "to initiate a full investi-
been incarcerated in Plattsmouth since
gation of the abuse of the constitutional
Thanksgiving Eve for refusing to testify in
rights" of the "Nebraska 7" "or to take what-
a Cass County court about the school op-
ever appropriate action you might deem nec-
erated by Faith Baptist Church and attended
essary to provide immediate relief so that
by their children.
these families can be reunited in their homes
Nebraska education authorities have been
during this Christmas season.
attempting for seven years to close the
"These men are in jail only because of
school on grounds it has no state license and
their religious beliefs and we are convinced
its teachers lack state certification.
that you and millions of Americans are
The "Nebraska 7" fathers were jailed for
deeply grieved at the plight of these God-
contempt of court by a judge named Ronald
fearing people," the letter says.
E. Reagan, who also issued warrants for the
arrest of their wives; the Rev. Everett
Mrs. Phyllis Schlafly, head of the Eagle
Sileven, pastor of the church; and Mrs. The-
Forum, sent a telegram to Mr. Reagan yester-
resa Schmidt, school principal and the Rev.
day urging him to meet with the ministers to
Mr. Sileven's daughter. They fled Nebraska
discuss the jailing of the seven "for the al-
with 23 children to avoid incarceration.
leged crime of sending their children to a
Secretary Bell, at a luncheon Thursday
Christian school." She called the case "a
with a delegation of evangelical leaders fol-
First Amendment civil rights issue."
lowing a Lafayette Park rally and White
Gary Jarmin of Christian Voice warned
House demonstration, indicated his willing-
that the president "could lose the support of
ness to examine Nebraska's eligibility for
evangelicals" over the case and should act
continued federal education funds if "Ne-
in some way.
THE WHITE HOUSE
WASHINGTON
December 14, 1983
MEMORANDUM TO: JACK COURTEMANCHE
FROM:
Morton C. Blackwell
LB
SUBJECT:
1982 Materials Relating to Faith Baptist
School in Louisville, Nebraska
To the best of my knowledge, there were no drafts of potential
statements circulated last year around October 22nd, when we
issued our only news release on this subject.
Attached are the items from my files which appear to be relevant
for your 11:00 a.m. meeting:
1. My memorandum to Mrs. Dole of September 22, 1982 in
which I discuss the depth of feeling in the
protestant fundamental community over the issue.
2. My memorandum to Mrs. Dole of October 19, 1982
in which I discussed the increasing tensions.
In this memorandum, I discussed the possibility
of a Presidential call to Pastor Sileven and
give a sequence of events to that date.
3. My October 22, 1982 update to Mrs. Dole on the
current situation.
4. A memorandum from Charles O'Malley at the Education
Department and an attached statement issued by
Secretary Bell.
5. The White House press statement of October 22, 1982
in which the President is described as "happy that
the Reverend Sileven of Louisville, Nebraska can
rejoin his family."
6. My memorandum of December 14, 1982 to Mrs. Dole
which includes a copy of the standard response
to the many letters written us by supporters of
the embattled school.
7. The draft statement from Michael Uhlmann's office
received December 12, 1983.
- 2 -
You have my memoranda to Mrs. Whittlesey of December 9th
and 13th on this subject.
I think the most compelling argument for action along the
lines of the draft statement from Mike Uhlmann's office is
that these people and their millions of allies are part of
the President's winning coalition. If the tables were
turned, it would be easier to understand. If, for instance,
a local union were under attack by the State government of
Mississippi and if the major union leadership in the country
were moving rapidly to support the threatened union local,
it would be almost inconceivable that a Democratic White
House would fail to at least issue a statement sympathetic
with the plight of the threatened local. More likely, they
would think of some excuse to take action.
MCB:jet
Attachments a/s
Issued
Office of Private Education
U.S. Department of Education
10/19/82
Washington, D.C. 20202
Dr. Rebert Billings
Attached for your information is a copy of a statement
to be made by the Secretary regarding the Nebraska
situation, and a copy of a Memo we are mailing to
"Koffee Klatch" participants.
C.J.O.M.
Charles J. O'Malley
Executive Assistant for
Private Education
DEPARTMENT OF EDUCATION EDUCA TOW
UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202
UNITED STATES a AMERKA
OFFICE OF THE SECRETARY
STATEMENT BY SECRETARY BELL
Because of its national import and precedent-setting potential, I have
made an appeal to all parties in the church-state Nebraska controversy
to step back, to pause, then to proceed with caution in a situation
that hopefully can be solved in a reasonable manner by people of good
will at this point in time.
It is important that both points of view continue to meet, to discuss
their differences, and to "bargain-out" a solution before this situation
evolves to the point wherein tragedy and violence occur.
My office has been - and will continue to be - in close touch with all
parties and will be available upon request to assist where feasible, in
finding a peaceful and prompt solution.
THE WHITE HOUSE
WASHINGTON
December 14 1982
MEMORANDUM TO ELIZABETH H. DOLE
FROM:
MORTON C. BLACKWELL
SUBJECT:
Nebraska Christian School Controversy
Per your request for our standardized letters, here is a sample
of the text I have used to respond to about 50 letters supporting
Pastor Everett Sileven. Unfortunately, Pastor Sileven has gone
back to jail to serve out the remainder of his contempt of Court
sentence.
The situation is not settled. The School may or may not be reopened.
THE WHITE HOUSE
WASHINGTON
December 14, 1982
Dear Mrs. Currier:
Thank you for your letter regarding the problems in Nebraska for
Christian schools.
As the President's liaison to the Christian school movement, I have kept
in touch with these developments. I have had two very cordial, personal
meetings here in my office with Pastor Everett Sileven of Louisville, Nebraska
and numerous telephone conversations with him and with other leaders con-
cerned with the application of the principles of religious liberty and
educational freedom to this case.
On October 22, when a temporary compromise was reached, the President
publicly expressed pleasure that Pastor Sileven was able to rejoin his family.
A copy of the White House news release is enclosed.
The legal actions against Christian schools in Nebraska have been taken by
state, not federal authorities.
Officials of our U.S. Department of Education have kept in close contact with
Nebraska Christian school leaders and the state school authorities. Charles J.
O'Malley, Education Secretary Bell's Executive Assistant for Private Education,
has repeatedly been to Nebraska, working to help both sides in an attempt
to reach a satisfactory conclusion to this tragic difficulty.
Please be assured that the President strongly supports our American tradition
of diversity in Education, including religious, private and public schools.
We appreciate your concern, and we hope that either the courts, the state
legislature or the respective sides in the dispute will quickly solve this
problem in such a way as to strengthen both religious freedom and quality
education.
Sincerely,
Morton C. Blackwell
Special Assistant to the President
for Public Liaison
Mrs. E. M. Currier
Box 3
Kristin Forest
Hardy, VA 24101
Enclosure
THE WHITE HOUSE
WASHINGTON
October 19, 1982
MEMORANDUM FOR ELIZABETH H. DOLE
FROM:
MORTON C. BLACKWELL
22B
SUBJECT:
Church-State Confrontation in Nebraska
The President is headed into a hornet's nest Wednesday when he
is scheduled to speak in Lincoln, Nebraska on behalf of
Governor Thone.
Independent Baptist minister Rev. Everett Sileven. has now
been at the Cass County Jail in Plattsmouth, Nebraska for a
month and a half. By the time the President arrives in
Nebraska, there will probably be more than a thousand pastors
from all around the country in the area demonstrating
support for Sileven.
Attached is an abbreviated sequence of events.
The thousand ministers and their supporters are determined
to demonstrate at the President's arrival.
Rev. Sileven's church-school is in Louisville, Nebraska
between Lincoln and Omaha. The church has about 80 members
in a town of 2,000. The church school attendance is about
30.
Dr. Bob Billings, who was the 1980 Reagan Campaign liaison
to the religious community, describes the situation as a
"powder keg". He says the preachers involved "don't cuss
but wish they could". He also has reported, from Chuck
O'Malley, that some outraged locals are talking about fire
arms and saying they won't be pushed around any more.
I have worked with H. P. Goldfield of the White House
Counsel's office on this subject. He reports that the White
House Counsel's office and the Justice Department are
opposed to any Administration action on the matter. Our
office sees a growing wave of outrage in the fundamentalist
community on this issue. These religious leaders are a
natural part of the President's winning coalition. If we are
perceived as uncaring about this problem, undoubtedly many
previously politically active fundamentalists will sit on
their hands during the closing days of the elections.
- 2 -
It is in the political interest of those hostile to the
conservative religious leaders who support the President for
him to be perceived as aloof or hostile to the concerns of
the fundamentalist community.
I see the following options for us:
1. Do and say nothing on this subject. Maintain it is
a local matter.
2. In the absence of any rationale for Justice Department
intervention on behalf of Rev. Sileven, someone in the
Administration could make a widely publicized telephone
call to Rev. Sileven in the Cass County Jail, (402) 296-3337,
in Plattsmouth, Nebraska. The thrust of the call should
be to express concern about the situation and the hope
that some accommodation could be reached whereby the affected
fundamentalists would be working to change the law rather than
to break it.
The first choice to make such a call would be the President
himself. The President could capture the imagination of the
millions of people now increasingly concerned over this
issue. He more than anyone else could defuse the situation
and move people away from confrontation.
Next choice would be Mr. Meese. This would insulate the
President somewhat from the matter but show high level
concern.
Others, less visible but appropriate to be authorized to
make such a call would be you, Dr. Bob Billings, or me. A
call from any of us would have a favorable impact on the
situation if for no other reason than as an expression of
concern from the Reagan Administration.
I have a compiled video tape of TV news coverage of the
situation up through the jailing of Rev. Sileven. He behaved
with dignity throughout.
As the week progresses, events are sure to escalate in
intensity in Nebraska. I believe that the visit of the
President is an action-forcing event for the White House.
See the attached sequence of events.
SEQUENCE OF EVENTS IN NEBRASKA CHURCH - STATE CONTROVERSY
1. Over the years a growing number of fundamentalist
protestant churches have formed church-operated schools in
Nebraska and resisted demands of the State school authorities
that the schools employ only State certified teachers. The
law is draconian compared to most other states.
2. Legal action has been commenced by the State authorities
against at least eight schools of various protestant denominations
in Nebraska.
3. Rev. Everett Sileven who, with two of his children,
happened to be a student at Hiles Anderson College in Indiana
when Dr. Bob Billings was the President of the college,
became the focus of resistance to the agencies of State
authority over church-operated schools.
4. Church school leaders from other states, most of which
have much less restrictive regulations of church operated
schools, began to show an interest in the Nebraska situation.
5. A Nebraska judge jailed Sileven when he refused to shut
the school or achieve certification. Sileven made bail.
6. Rev. Siliven, despite the court order, continued to
operate the church and the church-school. The judge held
Sileven in contempt and ordered the Cass County Sheriff to
lock the church. The sheriff re-arrested him on September
3, pursuant to the court order. He entered the school and
took Sileven to jail from an assembly of students, parents,
visiting pastors, and a battery of television cameras.
7. The Judge's order allows the church to be opened for
morning and evening Sunday services as well as Wednesday
night prayer meetings. At all other times it is locked by
the sheriff.
8. On Sunday evening, October 17, 120 supporting pastors
from Nebraska and around the country began a prayer meeting
in Sileven's church which was broken up before dawn on
Monday by the sheriff. The sheriff arrived with 18 law
enforcement vehicles, went up to each of the 120 kneeling
pastors and gave them the choice of leaving or being dragged
out. More than onethird chose to be dragged out. Those
removed accumulated at the front door to the church-school
building. There was a break in the discipline and a scuffle
as the law officers had to push the crowd back in order to
close and lock the front doors of the church.
9. The church is now locked but will, per the court order,
be opened for prayer service on Wednesday night. At that
time there will almost certainly be over 1,000 pastors from
around the country overflowing Rev. Siliven's church-school
building in Louisville, Nebraska. Dr. Ron Godwin, of Moral
Majority, who supervised video taping of the clearing of the
church last Monday morning, has received calls from all
three major networks who indicate they intend to have camera
crews on hand as the thousand pastors and their supporters
will almost certainly be dragged out of the church at some
point in the early hours of Thursday, October 21.
10. On Wednesday, October 20, the Moral Majority's 264 TV
spots and 1,190 radio spots will begin to run on Nebraska
media. The spots will not make specific reference to the
confrontation in Louisville but the linkage will be apparent
because the broadcast spots will focus in on the church-
state relationship as it affects church schools. The Moral
Majority also has funded newspaper ads to run this week in
Nebraska. A copy of the text is attached.
THE WHITE HOUSE
WASHINGTON
September 22, 1982
MEMORANDUM FOR ELIZABETH H. DOLE
FROM:
MORTON C. BLACKWELL
211
SUBJECT:
Christian School Crisis in Nebraska
The Protestant fundamentalist community is electrified with
concern over events in Nebraska.
Many schools are under attack by state officials. A preacher is
in jail because of his refusal to cease operating his church-
affiliated school. Religious media are filled with reports
of police harassment.
We have received many telephone calls and other communications
urging that the President take action. Numerous pastors from
across the country have gone to Nebraska to show their support
for the church schools and their opposition to the State
government's actions. Attached are letters on this topic.
I urge you to take the matter up with Fred Fielding to deter-
mine what appropriate steps the President can take.
I know that this is fundamentally a state matter. Nebraska
requires religious schools to have state-accredited teachers.
Many other states have much less restrictive regulations.
There may be some way in which the Justice Department could
become involved. I don't know. Perhaps in some way the
civil rights of the church school leaders have been violated.
I do know this, however. There is a big contrast between
the conservative political enthusiasm of 1980 in the religious
community and that we see today. In 1980 there were massive
rallies of fundamentalists and evangelicals all across the
country. Governor Reagan spoke to a stadium full at the
National Affairs Briefing of the Religious Roundtable in
Dallas. There is nothing parallel to that this year.
Among the steps we ought to take is some expression of support
for the Christian schools in Nebraska. More than any other
thing the President could do, this would restore the fire in
our natural allies in the religious community. Just investi-
gating the matter would have major benefits for us.
- 2 -
The situation in Nebraska has not received much attention
in the network news broadcasts or national news magazines,
but the matter has been thoroughly and repeatedly discussed
on virtually all the national "religious right" broadcasts.
Some strong demonstration of the President's concern in
behalf of the jailed school official would be promptly
and enthusiastically communicated through the religious
broadcasts and publications.
There is little downside if we show concern here. The real
opponents of these fundamentalist Christian schools are al-
ready in the pocket of the National Education Association,
which actively opposes virtually every policy of this
Administration.
DRAFT
Statement for the Principal Deputy Press Secretary
Statement Concerning Nebraska Situtation
The President has been apprised of numerous situations
arising in the State of Nebraska involving conflicts between
religious schools and the State education and law enforcement
authorities.
The controversies have involved jailings of ministers,
criminal prosecutions of parents who have their children in
religious schools, impositions of heavy fines on church schools,
refusals to let some graduates of religious colleges teach in
those schools, and the padlocking of at least one church -- all of
these apparently because the pastors, teachers, parents and
principals object on religious grounds to certain Nebraska
statutes. Most recently, parents of school children have been
jailed.
Because, therefore, religious civil rights protected by the
Constitution of the United States may be involved in this
situation, and because the situation has bred such
extraordinarily high feelings in Nebraska, the President has
expressed his concern that the matter be resolved peaceably.
It would appear that early reconsideration of the basic
legal problem by the courts might be a means of resolving the
difficulty. Certainly a new judicial resolution, if possible,
would be far preferable to the continuation of the present
situation.
NOTE: 12/12/83 - Hand-delivered from Mike Uhlmann's Office
THE WHITE HOUSE
WASHINGTON
October 22, 1982
UPDATE OF EVENTS IN NEBRASKA CHURCH-STATE CONTROVERSY
AS OF 4 P.M., OCTOBER 22, 1982
1. At 3:30 p.m., October 21, Charles O'Malley, Executive
Assistant for Private Education to Secretary of Education
Terrell Bell convened a meeting in Lincoln with representatives
of Protestant and Catholic school groups, the state superintendent
of Education and a representative of the Governor's office. A
tentative agreement was reached regarding the issue of state
certification of church operated schools. This agreement would
depend on certain proposed changes to Nebraska law.
2. On the afternoon of October 22, the state court which had
jailed Rev. Everett Sileven released Rev. Sileven from jail on
the conditions that the Faith Bible School would close for
30 days and that Rev. Sileven would voluntarily return to jail
if a related case were lost by Rev. Carl Godwin, head of Nebraskans
for Educational Freedom. The case regarding Rev. Carl Godwin's
church operated school will be heard in state court October 25,
in Lincoln.
3. In the past three days the White House has received in
excess of 6,000 calls in support of the Christian school leaders
in Nebraska.
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 22, 1982
STATEMENT BY THE PRINCIPAL DEPUTY PRESS SECRETARY
The President was pleased to learn that a step toward accomodation
has been reached in Nebraska over the subject of teacher certification
for church-operated schools. He is grateful his Department of Education
could be helpful in mediating the matter and happy that the Reverend
Everett Sileven of Louisville, Nebraska, can rejoin his family.
In accord with America's historic commitment to diversity in education,
the President expressed hope this spirit of cooperation will lead
to a solution consistent with both the state's responsibility to
ensure high-quality education and the right of parents to organize
and support church-related schools for their children. He applauds
the renewed effort to work within the framework of the law.
###
THE WHITE HOUSE
WASHINGTON
December 13, 1983
TO: JAB III
Please note the attached memo
from Faith to EM. It has not
yet been sent, but is on her
desk awaiting signature.
The purpose of the memo is quite
obvious. I have discussed it with
Fred Fielding, and his recommenda-
tion is that we maintain our hands-
off policy regarding this case.
However, if we feel we have to do
something, Fred says the most we
should do is meet with a group
(as petitioners to their govern-
ment) to hear their concerns, though
explaining our position of non-
interference. Fred's recommendation
is consistent with Justice's views
of this case.
I'll talk to Faith and suggest she
not send the memo if that is your
decision.
Thanks.
JAMES W. CICC CICCONI
Office of James A. Baker, III
456-2174
THE WHITE HOUSE
WASHINGTON
December 13, 1983
MEMORANDUM FOR EDWIN MEESE, III
FROM:
FAITH WHITTLESEY
SUBJECT:
Nebraska School Crisis
The religious leaders who support this Administration are
rapidly falling in line behind the embattled Christian schools
in Nebraska. Our continued failure to take some sympathetic
action will result in grassroots problems we should avoid if
possible.
office Camsel's invited not
Members of your staff and mine met last Tuesday in Mike
Uhlmann's office with Brad Reynolds and William Bentley Ball,
the distinguished attorney who specializes in church/state
law, and who is now litigating another of the numerous church
school cases in Nebraska. Mr. Ball suggested that the
Administration issue a statement of concern, which could
encourage the appropriate courts to give serious attention
to the constitutional issues involved. There will be hearings
on two school cases -- not the publicized Louisville case --
on Thursday and Friday of this week. A statement by Thursday
would thus be timely.
But whether or not the controversy can be solved by the courts,
we have to consider what position the Administration should
take. To stand aloof would only fan the unrest among support-
ive Christians who are already upset at the lack of progress
on "social justice issues" such as the School Prayer Amendment,
tuition tax credits, abortion, and pornography.
Late last week, a rally in support of Faith Christian School
was scheduled for 10:00 a.m. Thursday, December 15, at Lafayette
Park.
At first, it appeared that participants would number 400 and
would be from the D.C. area. It now appears that the Nebraskans
will be the stars of a rally of over 1,000. Current plans
include having here eight mothers and the affected 23 students
enrolled at the school. Also present will be Ed Rowe of the
Church League of America, who has been staying in Louisville,
?
- 2 -
Nebraska coordinating many activities there. Their hope,
in part, is to break into the general, national media, by
assembling here. Of course, the fundamentalist and evangelical
media, newsletters, magazines and broadcasts, daily give
this controversy heavy coverage.
The solution I suggest is that we invite in a delegation
of clergy representing the demonstrators at the conclusion of
the rally. They could meet with Morton Blackwell and Mike
Uhlmann, who would give them a copy of the statement which
was developed by your staff after last week's meeting with
attorney Ball. That statement, expressing concern and hope
for a judicial solution, would be simultaneously issued by
our Press Office.
The proposed statement should not be issued before the
meeting for three reasons:
1. To do so would cause some activists to escalate
their demands for action from us.
2. We want those who are coming here to go home
confident they have achieved sympathy and
cooperation from us.
3. There is always the slight chance that events
in Nebraska, good or bad, will alter the
picture before Thursday morning.
This plan would tend to tone down the rhetoric at the rally,
because the leaders would know they were to have a subsequent
meeting with White House staff.
Of course, we must not indicate we plan to take any step
unless we have carefully planned the whole course of action
which would flow from such a step. For instance, if we
decide to send an investigator to Nebraska, that would raise
hopes we might take some legal action. We should decide in
advance if there may be an issue to justify, say, a Justice
Department amicus brief if the case winds up on appeal from
the Nebraska Supreme Court to the U.S. Supreme Court, or if
the case comes into federal district court in a habeas
corpus proceeding.
For now, it is sufficient, and necessary in my view, that we
plan to issue on Thursday a statement of concern and hope
that the matter can still be resolved amicably in the Nebraska
judicial system.
THE WHITE HOUSE
WASHINGTON
December 13, 1983
MEMORANDUM FOR EDWIN MEESE, III
FROM:
FAITH WHITTLESEY
SUBJECT:
Nebraska School Crisis
The religious leaders who support this Administration are
rapidly falling in line behind the embattled Christian schools
in Nebraska. Our continued failure to take some sympathetic
action will result in grassroots problems we should avoid if
possible.
Members of your staff and mine met last Tuesday in Mike
Uhlmann's office with Brad Reynolds and William Bentley Ball,
the distinguished attorney who specializes in church/state
law, and who is now litigating another of the numerous church
school cases in Nebraska. Mr. Ball suggested that the
Administration issue a statement of concern, which could
encourage the appropriate courts to give serious attention
to the constitutional issues involved. There will be hearings
on two school cases -- not the publicized Louisville case --
on Thursday and Friday of this week. A statement by Thursday
would thus be timely.
But whether or not the controversy can be solved by the courts,
we have to consider what position the Administration should
take. To stand aloof would only fan the unrest among support-
ive Christians who are already upset at the lack of progress
on "social justice issues" such as the School Prayer Amendment,
tuition tax credits, abortion, and pornography.
Late last week, a rally in support of Faith Christian School
was scheduled for 10:00 a.m. Thursday, December 15, at Lafayette
Park.
At first, it appeared that participants would number 400 and
would be from the D.C. area. It now appears that the Nebraskans
will be the stars of a rally of over 1,000. Current plans
include having here eight mothers and the affected 23 students
enrolled at the school. Also present will be Ed Rowe of the
Church League of America, who has been staying in Louisville,
- 2 -
Nebraska coordinating many activities there. Their hope,
in part, is to break into the general, national media, by
assembling here. Of course, the fundamentalist and evangelical
media, newsletters, magazines and broadcasts, daily give
this controversy heavy coverage.
The solution I suggest is that we invite in a delegation
of clergy representing the demonstrators at the conclusion of
the rally. They could meet with Morton Blackwell and Mike
Uhlmann, who would give them a copy of the statement which
was developed by your staff after last week's meeting with
attorney Ball. That statement, expressing concern and hope
for a judicial solution, would be simultaneously issued by
our Press Office.
The proposed statement should not be issued before the
meeting for three reasons:
1. To do so would cause some activists to escalate
their demands for action from us.
2. We want those who are coming here to go home
confident they have achieved sympathy and
cooperation from us.
3. There is always the slight chance that events
in Nebraska, good or bad, will alter the
picture before Thursday morning.
This plan would tend to tone down the rhetoric at the rally,
because the leaders would know they were to have a subsequent
meeting with White House staff.
Of course, we must not indicate we plan to take any step
unless we have carefully planned the whole course of action
which would flow from such a step. For instance, if we
decide to send an investigator to Nebraska, that would raise
hopes we might take some legal action. We should decide in
advance if there may be an issue to justify, say, a Justice
Department amicus brief if the case winds up on appeal from
the Nebraska Supreme Court to the U.S. Supreme Court, or if
the case comes into federal district court in a habeas
corpus proceeding.
For now, it is sufficient, and necessary in my view, that we
plan to issue on Thursday a statement of concern and hope
that the matter can still be resolved amicably in the Nebraska
judicial system.
THE WHITE HOUSE
WASHINGTON
December 13, 1983
MEMORANDUM FOR EDWIN MEESE, III
FROM:
FAITH WHITTLESEY
SUBJECT:
Nebraska School Crisis
The religious leaders who support this Administration are
rapidly falling in line behind the embattled Christian schools
in Nebraska. Our continued failure to take some sympathetic
action will result in grassroots problems we should avoid if
possible.
Members of your staff and mine met last Tuesday in Mike
Uhlmann's office with Brad Reynolds and William Bentley Ball,
the distinguished attorney who specializes in church/state
law, and who is now litigating another of the numerous church
school cases in Nebraska. Mr. Ball suggested that the
Administration issue a statement of concern, which could
encourage the appropriate courts to give serious attention
to the constitutional issues involved. There will be hearings
on two school cases -- not the publicized Louisville case --
on Thursday and Friday of this week. A statement by Thursday
would thus be timely.
But whether or not the controversy can be solved by the courts,
we have to consider what position the Administration should
take. To stand aloof would only fan the unrest among support-
ive Christians who are already upset at the lack of progress
on "social justice issues" such as the School Prayer Amendment,
tuition tax credits, abortion, and pornography.
Late last week, a rally in support of Faith Christian School
was scheduled for 10:00 a.m. Thursday, December 15, at Lafayette
Park.
At first, it appeared that participants would number 400 and
would be from the D.C. area. It now appears that the Nebraskans
will be the stars of a rally of over 1,000. Current plans
include having here eight mothers and the affected 23 students
enrolled at the school. Also present will be Ed Rowe of the
Church League of America, who has been staying in Louisville,
2
- 2 -
Nebraska coordinating many activities there. Their hope,
in part, is to break into the general, national media, by
assembling here. Of course, the fundamentalist and evangelical
media, newsletters, magazines and broadcasts, daily give
this controversy heavy coverage.
The solution I suggest is that we invite in a delegation
of clergy representing the demonstrators at the conclusion of
the rally. They could meet with Morton Blackwell and Mike
Uhlmann, who would give them a copy of the statement which
was developed by your staff after last week's meeting with
attorney Ball. That statement, expressing concern and hope
for a judicial solution, would be simultaneously issued by
our Press Office.
The proposed statement should not be issued before the
meeting for three reasons:
1. To do so would cause some activists to escalate
their demands for action from us.
2. We want those who are coming here to go home
confident they have achieved sympathy and
cooperation from us.
3. There is always the slight chance that events
in Nebraska, good or bad, will alter the
picture before Thursday morning.
This plan would tend to tone down the rhetoric at the rally,
because the leaders would know they were to have a subsequent
meeting with White House staff.
Of course, we must not indicate we plan to take any step
unless we have carefully planned the whole course of action
which would flow from such a step. For instance, if we
decide to send an investigator to Nebraska, that would raise
hopes we might take some legal action. We should decide in
advance if there may be an issue to justify, say, a Justice
Department amicus brief if the case winds up on appeal from
the Nebraska Supreme Court to the U.S. Supreme Court, or if
the case comes into federal district court in a habeas
corpus proceeding.
For now, it is sufficient, and necessary in my view, that we
plan to issue on Thursday a statement of concern and hope
that the matter can still be resolved amicably in the Nebraska
judicial system.
THE WHITE HOUSE
WASHINGTON
December 13, 1983
TO: JAB III
Please note the attached memo
from Faith to EM. It has not
yet been sent, but is on her
desk awaiting signature.
The purpose of the memo is quite
obvious. I have discussed it with
Fred Fielding, and his recommenda-
tion is that we maintain our hands-
off policy regarding this case.
However, if we feel we have to do
something, Fred says the most we
should do is meet with a group
(as petitioners to their govern-
ment) to hear their concerns, though
explaining our position of non-
interference. Fred's recommendation
is consistent with Justice's views
of this case.
I'll talk to Faith and suggest she
not send the memo if that is your
decision.
Thanks.
JAMES W. CICCONI
Office of James A. Baker, III
456-2174
DRAFT
Statement for the Principal Deputy Press Secretary
Statement Concerning Nebraska Situtation
The President has been apprised of numerous situations
arising in the State of Nebraska involving conflicts between
religious schools and the State education and law enforcement
authorities.
The controversies have involved jailings of ministers,
criminal prosecutions of parents who have their children in
religious schools, impositions of heavy fines on church schools,
refusals to let some graduates of religious colleges teach in
those schools, and the padlocking of at least one church -- all of
these apparently because the pastors, teachers, parents and
principals object on religious grounds to certain Nebraska
statutes. Most recently, parents of school children have been
jailed.
Because, therefore, religious civil rights protected by the
Constitution of the United States may be involved in this
situation, and because the situation has bred such
extraordinarily high feelings in Nebraska, the President has
expressed his concern that the matter be resolved peaceably.
It would appear that early reconsideration of the basic
legal problem by the courts might be a means of resolving the
difficulty. Certainly a new judicial resolution, if possible,
would be far preferable to the continuation of the present
situation.
NOTE: 12/12/83 - Hand-delivered from Mike Uhlmann's Office
THE WHITE HOUSE
washington
25 October 1982
TO: ED HARPER
The attached statement was
issued late Friday to the
wire services only. It is
being flakked with New Right
groups by OPL.
Jim Cicconi
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 22, 1982
STATEMENT BY THE PRINCIPAL DEPUTY PRESS SECRETARY
The President was pleased to learn that a step toward accomodation
has been reached in Nebraska over the subject of teacher certification
for church-operated schools. He is grateful his Department of Education
could be helpful in mediating the matter and happy that the Reverend
Everett Sileven of Louisville, Nebraska, can rejoin his family.
In accord with America's historic commitment to diversity in education,
the President expressed hope this spirit of cooperation will lead
to a. solution consistent with both the state's responsibility to
ensure high-quality education and the right of parents to organize
and support church-related schools for their children. He applauds
the renewed effort to work within the framework of the law.
###