Below is reported 4 more First Amendment case victories which gives us 102 since this time last year. See label First Amendment Case Victories for all. And these are just the victories.
California
ADF: San Diego County apologizes for ordering stop to home Bible study
County rescinds cease-and-desist order, assures ADF-allied attorney that policies will be reviewed
SAN DIEGO — San Diego County officials agreed Wednesday to rescind a cease-and-desist order issued to a pastor holding a small Bible study in his home. In a letter to the pastor, the county’s chief administrative officer apologized for the incident involving a code enforcement officer who issued the order after reportedly asking the pastor’s wife inappropriately probing questions about the study.
The letter informed Pastor David Jones and his legal counsel Dean Broyles, president of the Western Center for Law & Policy, an Alliance Defense Fund allied organization, that the order was wrongfully issued and that the county would conduct a thorough review of its assembly ordinances and code enforcement officer training.
“Christians should not be punished simply for holding a Bible study in their home, so we are very encouraged by the county’s response and their commitment to immediate corrective action,” said Broyles. “We look forward to working with the county to ensure that the clarification of its ordinances and training of its personnel are implemented promptly and efficiently so that all citizens of San Diego can be assured that their constitutional rights are protected, whether they’re holding Bible studies or hosting Boy Scout meetings.”
“We are confident that, as a result of the county’s statements, Bible studies and prayer meetings held in homes throughout San Diego County will be free from government regulation, as is guaranteed by the First Amendment,” Broyles added.
An average of 15 people attend the Jones’ small weekly Bible study. A code enforcement officer issued an Administrative Citation Warning and Cease and Desist Order after asking the pastor’s wife questions, such as “Do you have a regular meeting in your home?”, “Do you say ‘amen’?”, “Do you pray?”, and “Do you say ‘praise the Lord’?”
“The county has clearly responded in the right way to this incident so far, demonstrating a desire to protect the constitutional rights of this family,” said ADF Senior Counsel Joe Infranco. “We look forward to a positive outcome from its internal policy review.”
The Western Center for Law & Policy (www.wclplaw.org) is a non-profit 501(c)(3) legal defense organization dedicated to the protection and promotion of religious freedom, parental rights, and other civil liberties.
• Letter from County of San Diego Chief Administrator Walter Ekard
• Letter from County of San Diego Counsel John Sansone"
June 2, 2009
After receiving a letter from attorneys with Pacific Justice Institute, Sacramento County has backed down from a requirement that people authorized to officiate at one marriage ceremony eliminate religious references.
Manuel Zamorano paid the $42 fee to get permission from Sacramento County to perform a wedding for a relative. To Zamorano's surprise, a counter clerk told him that he could not mention God during the ceremony. The instruction packet he received confirmed this restriction, stating, "You may use any ceremony of your choice as long as the ceremony does not have any religious connotations." Zamorano does not work for the County, and the ceremony was not conducted on County property.
Facing a conflict of conscience, Zamorano chose not to eliminate references to God from the planned wedding ceremony, which was held in April. Concerned about the County's stance and possible repercussions, he contacted Pacific Justice Institute. PJI Chief Counsel Kevin Snider wrote to the County in mid-April, warning that singling out religion for disfavor is unconstitutional. After deliberating for nearly six weeks, the County responded to PJI this week that "Deputy Commissioners of Civil Marriages for a day may use any wording of their choice or of the couple's choice..."
Manuel Zamorano commented, "The fact that I paid a $42 fee shouldn't mean that I surrender my free speech rights. I am thankful that the County has changed its position and now realizes it is okay to mention God and Jesus Christ at a wedding."
PJI President Brad Dacus added, "This is an extreme example of separation of church and state run amok. In reality, the First Amendment mandates that government cannot ban religious references while allowing other types of ceremonies."
Florida
Fla. school district agrees to end discriminatory treatment of Christian club
School district officials had denied Fellowship of Christian Athletes equal access to facilities, benefits available to other student groups
JAY, Fla. — Officials at Santa Rosa County School District, who previously barred a Christian-based club from meeting at Jay High School, have reversed course after receiving a letter from the Alliance Defense Fund. Additionally, teachers at the school are now permitted to participate in private baccalaureate services. ADF attorneys had sent a separate letter to the district over that matter.
“Christian student groups shouldn’t be discriminated against for their beliefs,” said ADF Senior Legal Counsel David Cortman. “Further, it is unconstitutional to prohibit school district employees from attending a private religious service on their own time and in their individual capacities. The district did the right thing by reversing its decision and deciding to respect the rights of students and employees.”
Following a lawsuit filed against the school district last year by the American Civil Liberties Union, Santa Rosa officials agreed to a consent order that resulted in broad restrictions on religious-based activities.
Santa Rosa officials relied on the consent order to justify their decision to shut down a Fellowship of Christian Athletes club, barring its members from accessing benefits and privileges available to other student groups and telling teachers that they could not participate in private baccalaureate services. The sponsor of the services, a local ministerial association, rented school property for the event in accordance with district policy.
School district officials reversed course on both matters after receiving letters from ADF attorneys noting that their actions were unnecessary and unconstitutional.
- Letter sent to Santa Rosa County School District regarding Fellowship of Christian Athletes club
- Letter sent to Santa Rosa County School District regarding district employees’ participation in a private baccalaureate service"
Two Employment Discrimination Cases-- One Settled, One Filed
Two cases involving religious discrimination in employment are in the news. On May 28, the EEOC announced the entry of a consent decree in a lawsuit it filed in New Jersey federal district court against the oil company, ConocoPhillips. The company had required Clarence Taylor, a pipe fitter at its refinery, to work a schedule that would cause him to miss his Sunday church services for two months. Taylor is a deacon and lay leader in his church. Under the settlement, ConocoPhillips will revise its equal employment policies and provide training to managers and employees. Taylor will get 5 additional leave days and ConocoPhillips will pay damages and make a contribution to charity that total $20,000.
