The 4th U.S. Circuit Court of Appeals ruled in Turner v. City Council of the City of Fredericksburg this week that in an action alleging violation of plaintiff's First Amendment rights arising from the imposition of a city policy requiring that legislative prayers be nondenominational, summary judgment for defendant-city council is affirmed where: 1) the prayers at issue are government speech, and thus the prayer policy does not violate plaintiff's Free Speech and Free Exercise rights; and 2) the requirement that the prayers be nondenominational does not violate the Establishment Clause.
The 10th U.S. Circuit Court of Appeals held this week in Colorado Christian Univ. v. Weaver that in a university's challenge to Colorado's program that provides scholarships to eligible students who attend any accredited college in the state, public or private, secular or religious, other than those the state deems "pervasively sectarian", summary judgment for state defendants is reversed where: 1) the program expressly discriminates among religions without constitutional justification; and 2) its criteria for doing so involve unconstitutionally intrusive scrutiny of religious belief and practice.
Friday, July 25, 2008
Sunday, July 20, 2008
City Officials Make Example of Idaho Believers Who Resist Secular Tide
When believers resisted Boise, Idaho officials who wanted to remove a Ten Commandments monument from a city park without any public hearing or citizen comment, they lost in court. City officials then persuaded the court to assess the believers $10,700 in attorney fees. When the believers were unable to pay, officials placed liens on their homes, and eventually demanded payment and moved toward foreclosure.
Donors rescue Idaho family advocates
by Charlie Butts, OneNewsNow
Donors have come to the rescue of Idaho Values Alliance in its squabble with the city.
When Boise, Idaho, officials tried to remove a Ten Commandments monument from a city park without a hearing or any citizen input, Idaho Values Alliance (IVA) president Bryan Fischer filed suit to slow the process down. "[They tried to move it] with no public input, no public hearing. We rallied hundreds of citizens in the Boise area to try to put a stop to that, including taking some legal action to try to slow the city down," Fischer explains. "The city went after me and a colleague of mine, Brandi Swindell of Generation Life."
The city won the case and moved the monument -- but then the court turned around and assessed the Alliance and Generation Life with $10,000 in attorney fees. "The city came after us for attorneys fees," Fischer adds, "got an award in the amount of $10,000 dollars against us, and recently made a move to foreclose on my house in order to collect that judgment."
After four years of silence, the city demanded payment and announced impending foreclosure on Fischer's home. There was a lien placed on Swindell's property as well, but Idaho residents who learned about the situation have raised the needed money and the judgment has been paid.
"Fortunately we had many concerned citizens in the Boise area come to our defense," the IVA president points out. "They generously made donations to a legal defense fund, and we were able to take care of that attorneys fee award by providing a check to the city of Boise for over $10,700."
Fischer says it was a scary moment because he could have lost his home in trying to stand up to the city.
Thursday, July 10, 2008
Baptist church prevails in Alaska Superior Court lawsuit by ACLU, subject to appeal
An Alaskan church has won Round One against the ACLU after the militant secularist organization sued to strip the church of its property tax exemption on housing for parochial school teachers. Liberty Counsel, a Christian litigation ministry, represented Anchorage Baptist Temple in the case, Coonrod v. State of Alaska.
The case is subject to appeal. Although Alaska is in the generally leftist Ninth Circuit, the ACLU brought its case in the state courts. The appeal, if any, would not route through the federal circuit courts of appeal.
Here is Liberty Counsel's press release on the outcome of the Superior Court proceedings.
Alaska Court Upholds Religious Teachers’ Housing Exemptions Against ACLU Attack
Anchorage, AK – The Alaska Superior Court has ruled that Alaska can continue to allow tax exemptions for housing of parochial school teachers. The ACLU filed suit to take away property tax exemptions for housing that is owned by religious organizations and used by private parochial school teachers, alleging that the tax exemption violates equal protection and establishment clauses of the state and federal constitutions. Liberty Counsel represents Anchorage Baptist Temple (ABT) and Pastor Jerry Prevo in defense of the exemption. The case is Coonrod v. State of Alaska.
Superior Court Judge Mike Spaan ruled that a 2006 state law exempting organization-owned homes of religious educators is constitutional. The decision says tax exemptions are provided to religious and charitable organizations because they perform services that would otherwise have to be funded from tax revenues and because they foster the moral and intellectual development of the community.
The exemption given by the Alaska legislature applies to the homes of ABT's teachers. Nonreligious educational institutions already enjoyed an exemption for teacher housing before the legislature added the religious institution exemption. Without the exemption, ABT and other religious institutions would not be able to provide quality education to Alaska’s children, where educational opportunities are limited because of the rural nature of much of the state.
ABT operates a number of ministries, including alcohol and drug abuse recovery programs, community outreaches, children’s programs, a bus transportation service, music programs, and Anchorage Christian School, a K-12 school serving approximately 700 students. ABT owns six residences that house teachers. These residences are integral to ABT’s educational mission.
Mathew D. Staver, Founder and Chairman of Liberty Counsel and Dean of Liberty University School of Law, commented: "This is a great victory for the children and families of Alaska. Many of these children living in remote areas will benefit from the opportunity to attend a local religious school, where a qualified teacher will give them the key to open the door to their future. The ACLU tried to educationally imprison these children. With its defeat, the children are the winners."
The case is subject to appeal. Although Alaska is in the generally leftist Ninth Circuit, the ACLU brought its case in the state courts. The appeal, if any, would not route through the federal circuit courts of appeal.
Here is Liberty Counsel's press release on the outcome of the Superior Court proceedings.
Alaska Court Upholds Religious Teachers’ Housing Exemptions Against ACLU Attack
Anchorage, AK – The Alaska Superior Court has ruled that Alaska can continue to allow tax exemptions for housing of parochial school teachers. The ACLU filed suit to take away property tax exemptions for housing that is owned by religious organizations and used by private parochial school teachers, alleging that the tax exemption violates equal protection and establishment clauses of the state and federal constitutions. Liberty Counsel represents Anchorage Baptist Temple (ABT) and Pastor Jerry Prevo in defense of the exemption. The case is Coonrod v. State of Alaska.
Superior Court Judge Mike Spaan ruled that a 2006 state law exempting organization-owned homes of religious educators is constitutional. The decision says tax exemptions are provided to religious and charitable organizations because they perform services that would otherwise have to be funded from tax revenues and because they foster the moral and intellectual development of the community.
The exemption given by the Alaska legislature applies to the homes of ABT's teachers. Nonreligious educational institutions already enjoyed an exemption for teacher housing before the legislature added the religious institution exemption. Without the exemption, ABT and other religious institutions would not be able to provide quality education to Alaska’s children, where educational opportunities are limited because of the rural nature of much of the state.
ABT operates a number of ministries, including alcohol and drug abuse recovery programs, community outreaches, children’s programs, a bus transportation service, music programs, and Anchorage Christian School, a K-12 school serving approximately 700 students. ABT owns six residences that house teachers. These residences are integral to ABT’s educational mission.
Mathew D. Staver, Founder and Chairman of Liberty Counsel and Dean of Liberty University School of Law, commented: "This is a great victory for the children and families of Alaska. Many of these children living in remote areas will benefit from the opportunity to attend a local religious school, where a qualified teacher will give them the key to open the door to their future. The ACLU tried to educationally imprison these children. With its defeat, the children are the winners."
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