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Texas Officials Concede to Rutherford Institute Demands, Modify Regulations to Allow Prayer, Religious Expression at the Alamo

Rutherford Attorneys Protect Free Speech Rights of Youth Group Prevented from Praying at Alamo

SAN ANTONIO, Texas -- The Daughters of the Republic of Texas (DRT) have agreed to The Rutherford Institute's demands that they modify their rules and regulations regarding the use of the historic Alamo Shrine, grounds and complex buildings to allow for the free exercise of religious expression and prayer on its grounds. Rutherford Institute attorneys had contacted the DRT, the designated custodians of the Alamo for the State of Texas, on behalf of Jeremy Errickson, director of a young adult discipleship program who was prohibited from engaging in a group prayer while touring the Alamo. The DRT had insisted that praying on the solemn property constituted a violation of "the separation of church and state." Rutherford Institute affiliate attorney Michael Clark of the Clark Law Firm in Boerne, Texas, worked with the DRT to negotiate the revision of its policy.

"The Alamo represents a heroic struggle against overwhelming odds--a place where men made the ultimate sacrifice for freedom," said John W. Whitehead, president and founder of The Rutherford Institute. "We think it only fitting and right that the Daughters of the Republic of Texas have agreed to honor that sacrifice for freedom by upholding and respecting the constitutional rights of those wishing to exercise their rights of free speech and religious expression by praying on its grounds."

For more than six years, the pastors and staff of Victory Assembly of God Church have routinely taken groups of young adults on an annual field trip to the Alamo, which was laid siege to by General Santa Anna's Mexican army in 1836. According to legend, with the hope of outside reinforcements fading, Colonel Travis, the commander of the Alamo, drew a line on the ground and asked any man willing to stay and fight to step over, declaring, "You who are willing to give your lives for freedom's cause, come over to me." All did except one. Victory Assembly of God church officials explained that one of their main objectives in taking young adults on an annual field trip to the historic site is to echo Colonel Travis' challenge to live their lives for a greater purpose. Typically, during the course of the visit, a church official would draw a line on the ground and invite the young people to step over and devote their lives to helping others learn about Jesus Christ. After issuing the challenge to the young people, pastors traditionally closed the trip with a group prayer. However, on September 5, 2003, when young adult director Jeremy Errickson began to lead the group in a quiet prayer, he was approached by a DRT security officer and informed that he would not be allowed to pray on Alamo property. Defending their actions, the DRT referenced a written policy governing the Alamo which stated that "assembly-demonstrations are not allowed in the complex, including but not limited to, political or religious activities." Rutherford Institute legal staff contacted the DRT in October 2003 on behalf of Pastor Errickson, charging that the policy's restrictive language violated the First and Fourteenth Amendment rights of the pastor, his staff and youth group. Institute attorneys also warned that they were prepared to file suit in federal district court if the restrictive DRT Alamo policies were not amended. After consulting with the Attorney General for the State of Texas, the DRT adopted revised rules and procedures consistent with state and federal laws and the primary purpose of the Alamo Shrine. Church officials have stated that they hope to plan a field trip to the Alamo later this year.

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.



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