Updated 12:47 pm.EST, Sun November 22, 2009

Society|Sun, Jul. 06 2008 05:09 PM EDT

LAPD Sued Over Alleged Religious Discrimination

By Aaron Leichman|Christian Post Reporter

An LAPD sergeant says that he was punished with disciplinary action and denied numerous pay raises and promotions because of his religious objections to homosexuality, according to a lawsuit recently filed against the city of Los Angeles.

Sgt. Eric Holyfield, who is a pastor during his off-duty hours, was quoted as saying that homosexuality was a “sin” and an “abomination” while presiding over a 2006 eulogy for a friend and fellow police officer.

The remarks subsequently drew complaints from other police officers, including Deputy Chief Charlie Beck, who said it was the first time among hundreds of other occasions where police officers spoke that he felt the need to initiate a complaint.

Cmdr. Stuart Maislin, head of LAPD's risk-management office explained that while the LAPD cannot usually dictate the speech of its police officers, the department had a responsibility in “treating everybody with respect.”

“We are concerned, clearly, about the type of speech our employees engage in,” he told the Los Angeles Times.

In his suit, however, Holyfield has claimed punitive damages because of what he said was mental and physical stress due to the violation of his First Amendment rights to freedom of speech and what he said was his right to quote biblical objections to homosexuality.

The LAPD has "historically discriminated ... and continues to discriminate against officers that cite from the Holy Bible," Holyfield’s suit reads.

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  • Thu Jul 10, 2008 12:33 pm Agree: 0   Disagree: 0

    As long as he was in the capacity of a preacher at the time, I think he was in the right and should not be persecuted for making anti-homosexual remarks. However, if he expresses those opinions and practices discriminatory remarks and behaviors while acting as an LAPD police officer then we have a problem. As a police officer it is his duty to serve and protect in equality all citizens of LA, including homosexuals. Personally, if I were him, I would not engage in any anti-homosexual remarks, indeed tread carefully on all subjects, when his two careers bleed into each other like they did the day he delivered the eulogy. Whether he likes it or not, even though he was probably not in uniform, but in priestly attire, when giving the eulogy several people in the audience would still see an LAPD officer up there and would naturally associate his remarks as those coming from an LAPD officer. Though I believe he was in the right constitutionally speaking, I do not think he should have done it at all.

    And I agree with the question posted here about why on earth he brought homosexuality up in a eulogy for a fellow officer anyway. "Fellow Officer" being the root of this whole issue.

  • Mon Jul 07, 2008 10:07 pm Agree: 1   Disagree: 0

    Hi guys, I looked this story up on several other sites to confirm and expand the information. It is pretty clear that this fellow was acting as a clergyman not a police officer when he delivered his sermon, he was there as a clergyman at the request of the family, the other officers were there as voluntary attendees at a clearly religious activity. It is clear that this man was exercising his constitutional right to freedom of speech and free exercise of religion.
    It is also clear from the limited statements from the complaining officer that his action and subsequent employment action was in direct response to this exercise of constitutionally protected behavior.
    When the government or any of its agents seeks to restrict or to oppress those exercising such rights they must show a compelling not just substantive or legitimate public interest in so doing. In such a case safety of persons or property or the security of the nation or community must be imperiled. (ie. yelling fire in a theater or Kill the "...", or tear the place down, or releasing national defense secrets, etc.). Possible negative public relations or diminished community relations is simply not enough to warrant compromising the freedoms of the First Amendment.
    I believe this officer will ultimately receive an apology and a financial settlement.

  • Mon Jul 07, 2008 8:37 am Agree: 0   Disagree: 0

    wb, I totally agree, but still seems odd to me that the subject would come up in that setting.

  • Sun Jul 06, 2008 10:30 pm Agree: 0   Disagree: 0

    Yeah, that was something on my mind. But even so, I know from experience that a pastor needs to be able to preach a eulogy as God leads.

  • Sun Jul 06, 2008 10:09 pm Agree: 0   Disagree: 0

    Although I tend to agree with Daniel Paul. And I know this may have nothing to do with this issue, but as a pastor and hospice chaplain I've taken part in a large number of funerals. I'm wondering why in the world would the issue of homosexuality be a part of a eulogy?

  • Sun Jul 06, 2008 6:35 pm Agree: 1   Disagree: 0

    He was the pastor over the funeral...he can say what he wants...period. If they don't like it have the funeral at the police station. If the funeral was at a church then the police were in God's house. Separation of Church and state applies here for sure.

    Perhaps now is a good time to buy up all the land just to the east of the San Andreaus fault (like I spelled that right).

  • Sun Jul 06, 2008 6:07 pm Agree: 0   Disagree: 0

    saying that a sin is a sin is now against policy in the LAPD.

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