Updated 09:38 pm.EST, Fri November 20, 2009

Society|Tue, Jun. 23 2009 01:12 PM EDT

Judge: 'Religious' Library Policy Entangles Church, State

By Nathan Black|Christian Post Reporter

A Christian ministry is no longer banned from gathering in Antioch Branch Library's public meeting rooms.

A federal judge ruled last Friday that Contra Costa County officials (in California) cannot prohibit the ministry from accessing the rooms.

"It is undisputed that Faith Center's expressive activities are protected by the First Amendment, whether they constitute 'mere worship' or something more," reads an opinion issued by the United States District Court for the Northern District of California.

Faith Center Church Evangelical Ministries filed a lawsuit in 2004 after the group was told that their gathering in the library violated the county's Religious Use restriction. The ministry had received permission to use the library's meeting room for "prayer, praise and worship open to the public" but during its first meeting, library staff approached them and said they could not use the facility for a future meeting.

After the suit was filed, the county narrowed its policy – which formerly stated that "library meeting rooms shall not be used for religious purposes" – to only prohibit meetings it deemed to be “religious services.”

U.S. District Judge Jeffrey White of San Francisco in 2005 issued an injunction against the county's policy, ruling that it violated the First Amendment.

The ruling, however, was overruled in 2006 by the Ninth U.S. Circuit Court of Appeals.

The case was returned to White who determined that allowing library employees to distinguish between what constitutes "religious services" versus other religious activities amounts to "excessive entanglement" of government with religion.

The court ordered the county against enforcing its "religious services" restriction. The injunction takes effect on July 6.

“Christian groups shouldn’t be excluded and discriminated against for their beliefs,” said Tim Chandler, legal counsel with the Alliance Defense Fund, which filed suit on behalf of the ministry. “Christians have a First Amendment right to control the content of their own meetings. The court correctly ruled that the government has no business interfering in what religious groups say.”

He added, "The Supreme Court said almost 30 years ago that the government is not competent to distinguish between religious services and other types of religious speech. The court here is simply reaffirming that principle."

Sort by: Newest | Oldest | Agree | Disagree
All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of The Christian Post or its staff.
  • Wed Jun 24, 2009 1:41 pm Agree: 0   Disagree: 0

    Sounds like those activist judges are at it again!

    Just kidding here is a link to the ruling:

    http://www.docstoc.com/docs/3392714/Faith-Center-lawsuit

    http://alockslee.blogspot.com/ The full story

    TFR

  • Wed Jun 24, 2009 11:12 am Agree: 0   Disagree: 1

    It's not that they always get it wrong. That is the agenda of the left and these liberal judges. Socialism is there agenda.

  • Wed Jun 24, 2009 10:09 am Agree: 0   Disagree: 0

    "Judging by the ruling, then, it would allow Mass to be said in the meeting room, communion dispensed, etc.,"

    Sure, why not?

  • Wed Jun 24, 2009 9:15 am Agree: 0   Disagree: 0

    Judging by the ruling, then, it would allow Mass to be said in the meeting room, communion dispensed, etc., since no one is equipped to differentiate between religious worship and religious speech.

  • Tue Jun 23, 2009 3:45 pm Agree: 1   Disagree: 0

    Actually, in the mind of the 9th Circus, they are getting tired of the Supremes getting it wrong.

  • Tue Jun 23, 2009 2:22 pm Agree: 1   Disagree: 0

    The most overturned appeals court in the United States. You would think that they would get tired of being wrong.

  • Tue Jun 23, 2009 2:13 pm Agree: 0   Disagree: 0

    The Ninth U.S. Circuit Court of Appeals regularly seems to get it backwards. Thank goodness for a federal judge who "gets it."
    "

Please help us to monitor our message boards by flagging comments that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable.
Contact Us if you have any questions, comments, or concerns.
Comment on this story
ID Password

Don't have a Christian Post ID? Signing up is easy. Click Here

  • icon1
  • icon2
  • icon3
  • icon4
  • icon5
The Christian Post reserves the right to terminate the account of any User who violates our Terms of Use.
Also on CP
Advertisement
Advertisement
CP Shopping
  • Jewelry
  • Health
  • Gifts
  • Music
  • Coins

Bracelets | Chains | Crosses | Earrings | Gemstone |

Featured contents & Giveaways
Joolwe :
Cross-pendant necklace
Zondervan

Struggling to succeed in the Nashville music scene, talented singer/songwriter Parker James finds the competition fierce even deadly. A young woman's murder, industry corruption, a

Featured Advertiser Links