×

Born Against: Freedom From Religion Foundation pushes for alternative to court-mandated AA meetings

(Graphic Illustration/MetroCreative)

PARKERSBURG — A foundation wanting to keep church and state functions separate has asked a Wood County Circuit judge to provide another option for people in drug and alcohol treatment outside of Alcoholics Anonymous/Narcotics Anonymous due to what the group believes to be religious affiliations.

In a letter to Judge Jason Wharton, attorney Christopher Line, representing the Freedom From Religion Foundation (FFRF), said there was a “constitutional violation in the Mid-Ohio Valley Adult Drug Court.”

In the letter, dated Nov. 16, 2023, Line said the FFRF was contacted by a participant in the program who is required to participate with Alcoholics Anonymous/Narcotics Anonymous (AA/NA) and supplied paperwork from the court listing requirements for each phase of the treatment program where participation in AA/NA meetings are required each week.

“As you are likely aware, the central components of twelve step programs, such as AA/NA are religious in nature,” Line wrote. “These programs require recognition of a higher power and require participants to turn their lives over to a personified, gendered ‘God.’

“While requiring a religious addiction recovery support program as one of multiple options is permissible, the Mid-Ohio Valley Adult Drug Court violates the First Amendment when it requires participation in solely religious programs.”

The letter cites the Establishment Clause and says it guarantees that the “government may not coerce anyone to support or participate in religion or its exercise.”

Line wrote that the person asked to participate in an alternative secular recovery treatment program, the SMART Recovery program, which was denied by officials at the Wood County Day Report Center.

“The Mid-Ohio Valley Adult Drug Court cannot deny secular alternatives to religious treatment programs,” Line wrote, adding they could not be penalized for “refusing to participate in religious programming.”

The Wisconsin-based FFRF filed suit in 2018 against Parkersburg City Council over the use of the Lord’s Prayer before council meetings. A U.S. District Judge issued an injunction prohibiting council from saying the prayer at its meetings in May 2022.

The mission of the Drug Court is to reduce substance use among offenders by providing them with intensive, comprehensive and individualized therapeutic services, along with consistent judicial monitoring and accountability, local officials have said.

In a letter dated Dec. 1, 2023, Whaton wrote to Line he had reviewed the documents that were sent and directed the drug court probation officer to modify the documents to reflect “a program such as AA, NA, SMART Recovery, or other program approved by the Court.”

“… I believe that the modified language will make it much more clear to the participants from the onset that they have other options besides AA or NA,” Wharton wrote.

The judge also pointed out the director of the Wood County Day Report Center, Hernando Escandon, is not an employee of the West Virginia Supreme Court and is not a member of the treatment team for the Mid-Ohio Valley Drug Court. The judge is making Escandon aware of the change in the language.

“I have been involved in the drug court program since its inception in our Circuit around 2007 either as a prosecuting attorney or now as the drug court judge,” Wharton wrote. “It is my understanding that the practice of the drug court has always been to permit individuals the option of alternative treatment options and we will continue to permit such alternatives as we are required to.”

The FFRF put out a press release Wednesday announcing the new modified language to ensure it is clear participants have secular options in treatment.

“It’s so important that freedom of conscience be honored, particularly in the case of someone seeking help with addictions,” said FFRF Co-President Annie Laurie Gaylor.

Brett Dunlap can be reached at bdunlap@newsandsentinel.com

Starting at $3.70/week.

Subscribe Today