Gaylor v. Mnuchin

Pastor Chris Butler serves communities in South Side, Chicago

The leader of a predominantly African-American congregation, Pastor Chris Butler devotes his life to serving communities in Chicago’s poorest neighborhoods. Pastor Chris spends countless hours leading his church’s community ministries, including the Chicago Peace Campaign, which has been successful in bringing peace to areas devastated by violence; the Journeymen program that mentors at-risk youth; and a homeless ministry focused on feeding the hungry and providing blankets and toiletry kits.

The church can’t afford to pay Pastor Chris a salary, but it offers him a small housing allowance so he can afford to live just minutes from his church and the community he serves.

FFRF’s lawsuit harms Pastor Chris’s church and other underserved communities

For over 60 years, federal law has recognized that housing allowances like Pastor Chris’s shouldn’t be taxed as income. This helps ensure that pastors, rabbis, imams, and other faith leaders—who often use their homes for their ministries—are able to live close to the communities they serve. The law is based on the same tax principle that allows employers to reimburse travel and overseas housing costs and provide tax-free housing allowances to teachers, business leaders, military service members, and thousands of other employees who use their homes for their jobs.

But in 2011, the atheist group Freedom From Religion Foundation (FFRF) sued the IRS to eliminate the tax exemption for housing allowances—putting communities, like the ones Pastor Chris serves, at risk.

Becket defends all faith leaders from discrimination

In 2011, a federal court ruled that the tax exemption for housing allowances was unconstitutional. After the Seventh Circuit threw out that ruling on technical grounds, FFRF sued again in 2016. In January 2017, the court allowed Becket to intervene in the case on behalf of Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. In October 2017, the district court again struck down the tax exemption for housing allowances.

In February 2018, Becket appealed the decision to the Court of Appeals for the Seventh Circuit on behalf of the churches, which agreed to hear the case. Oral argument took place on October 24, 2018.

On March 15, 2019, the Seventh Circuit unanimously ruled that the parsonage allowance is constitutional, stating it “is simply one of many per se rules” that “allow hundreds of thousands of employees (including ministers) to receive tax-exempt housing every year,” and that it is consistent with the nation’s “lengthy tradition of tax exemptions for religion, particularly for church-owned properties.”

In June 2019, FFRF decided not appeal the Seventh Circuit’s decision, definitively securing a victory for the parsonage allowance and houses of worship across the country.

Importance to religious liberty

  • Establishment Clause: The longstanding tax exemption for housing allowances ensures that ministers are treated the same way as teachers, business leaders, military service members and hundreds of thousands of other workers who receive tax-free housing for their jobs. Equal treatment doesn’t violate the Establishment Clause.

Kimery v. Broken Arrow Public Schools

Related to previous Oklahoma Blaine cases: Jenks v. Spry & Oliver v. Hofmeister

Stephanie and Russell Spry’s disabled son will be able to get the best education from a school specially designed for his needs.  After a five-year battle with school bureaucrats from a handful of public schools, the Oklahoma Supreme Court ruled that the Lindsey Nicole Scholarship Program for Children with Disabilities is constitutional and that religious organizations and individuals have the right to access generally available state aid on equal footing with everyone else.

The State of Oklahoma enacted the program in August 2010 to give students with learning disabilities scholarships based on the cost of their education to help them attend a private school of their choice that could help them with their specific learning disability. The vast majority of the state’s 541 school districts immediately complied with the law by issuing scholarship checks to eligible students. But four school districts decided on their own that complying with the law would somehow violate the state’s Blaine Amendment, an archaic provision in the state constitution that targets “sectarian” groups.

Although the U.S. Supreme Court has acknowledged that these provisions were “born of bigotry” in an era of widespread anti-Catholicism, these four districts unilaterally asserted the Oklahoma Blaine Amendment to deny students their state aid on the purported ground that allowing them to direct their own education might aid religiously-affiliated schools. Conveniently, of course, this allowed those school districts to keep the funds for themselves. After the Becket Fund sued to defend the students’ rights, the legislature learned of their plight and changed the law so the scholarships would issue directly from the State Board of Education, bypassing the renegade school districts.

Adding insult to injury, two of the school districts—Jenks and Union Public Schools—turned around and sued the Sprys, along with parents of three other children with learning disabilities, for accepting their scholarships! Again the Becket Fund defended the students’ rights, this time all the way to the Oklahoma Supreme Court, which eventually dismissed the lawsuit, chastising the school districts for going after their own students.

Despite the ruling from the high court, the school districts recruited allies to again renew the lawsuit, this time against the State Board of Education. In 2014, a lower court upheld the scholarship program, but only for students attending schools that were secular or religious “in name only.” On appeal, the Becket Fund again represented the student and their families, arguing that this bizarre ruling would have required the state to examine the beliefs of every religious school and decide which ones were too religious to accept the students’ scholarships. We made what should be an obvious point: when the state makes benefits generally available to its citizens, it can’t discriminate against some of them just because they are religious.

On February 16, 2016, the Oklahoma Supreme Court once again ruled in our favor, finally upholding the Lindsey Nicole Scholarship Program for Children with Disabilities. Now the Spry’s son and other Oklahoma children with learning disabilities are free to use their share of the state’s education funds for an education best suited to their individual needs. After five years of fighting, they can focus on their schooling, without fear that they will be denied the same opportunity as other students, just because of their religion.

The Oklahoma Supreme Court’s ruling reaffirms that the government is not allowed to create a Goldilocks scenario of deciding which religious beliefs are ”just right.” The First Amendment requires that public programs be administered neutrally, without regard to religious belief.

The road to this victory was long, but—with the help of the Becket Fund— the students and their families are finally able to participate in Oklahoma’s scholarship program on equal footing with everyone else.

Ahlquist v. City of Cranston

The Becket Fund is defended the School Committee of the City of Cranston, Rhode Island against a lawsuit from the ACLU of Rhode Island. The ACLU sued the School Committee over a historic mural designed by students that has existed in Cranston High School West’s auditorium for almost 50 years. According to the Committee, the lawsuit is a misguided attempt to rid public buildings of historic references to religion.

The Supreme Court has made clear that displays on public property, like the one at Cranston West, can contain some historically significant references to religion because the government can promote history and art without promoting religion. That hasn’t stopped the ACLU from attempting to scrub the historic mural off the walls of Cranston West High School.

The federal district court in Rhode Island ruled against the School Committee of the City of Cranston on January 11, 2012.

Yoder v. Morristown

An Amish community’s centuries-old practice threatened

The Swartzentruber Amish community of Morristown, New York believe in living a simple life, separate from modern worldly customs. They exercise this belief by not using electricity in their homes, driving horse drawn carriages rather than cars or other gasoline-powered vehicles, and wearing simple and modest clothing, among other practices. The home is a central part of their faith because it is where the community gathers to meet and worship. And the way they build their homes is essential to their religious tradition, since they use construction plans handed down from generation to generation.

The Amish community have been living peacefully in Morristown for decades. They never had trouble obtaining building permits or legally maintaining their property—until 2006, when they began receiving tickets for building code violations.

Becket defends the Amish community’s right to live by their faith

The Amish community’s traditional building methods require that they do not install battery-powered smoke detectors, use certified architectural plans, or install hurricane tie-downs. But under a new local law enforced by a newly appointed town official, the Amish were suddenly barred from obtaining building permits while following this religious practice. The Amish feared that if the town’s actions continued, their entire community would be forced to either leave Morristown because they would be unable to live according to their religious beliefs or face government fines. In 2009, Becket and the New York-based Proskauer Rose LLP represented twelve Amish individuals in a lawsuit to end Morristown’s continued violation of the Amish community’s rights under the United States and New York constitutions.

Cooperation and compromise: a win-win for religious liberty and local government

With Becket’s help, the Amish proved that their homes were structurally sound and just as good as what is required under the law. In 2012, the Amish and Morristown signed a settlement agreement which dismissed all criminal charges against the Amish and allowed them to continue to practice their traditional building methods. The town inspected the Amish homes and deemed them compliant with the state building code.

For the in-depth story and more about Amish American communities, listen to our Stream of Conscience podcast episode, Codes and Communities.

Importance to religious liberty

  • Individual freedom: Religious freedom means having the freedom to live out one’s faith in all aspects of life. Just because a religious belief is unusual—like building homes according to centuries-old religious practices, as the Amish do—does not mean the government can trample on that belief.
  • Religious communities: Religious communities that stand out from the rest of society are often vulnerable to religious liberty violations from governments, sometimes as a result of misunderstandings or ignorance. Government and religious communities must work together to come up with solutions that allow the government to do its job, while accommodating religious exercise.
  • Minority religions: Minority religions are particularly at risk of religious liberty violations, but government has no right to selectively target minority faith practices because they are unusual or unpopular. Protecting minority religious beliefs and practices is critical for strengthening the fundamental principle of religious freedom: that all human beings must be free to seek the truth and live out their convictions.

Third Church of Christ, Scientist v. District of Columbia

After years of litigation, Washington DC’s Third Church of Christ, Scientist finally won its battle with DC preservationists, and will soon enjoy a new church building. Its previous building was an eyesore with the dubious honor of being a landmark of the “Brutalist” style, a 1960s French school that emphasizes large expanses of windowless raw concrete. The previous bunker-like structure had blighted a corner just a few blocks north of the White House for forty years, and was often mistaken by unwitting tourists for a fallout shelter.

Originally an architectural “experiment”, the church building was first designed without the local congregation’s input into the architect’s ‘artistic vision.’ The Brutalist structure thus never met the church’s needs and in fact sent a message counter to the church’s. Instead of welcoming visitors and newcomers and portraying the church as a positive contribution to the neighborhood, the imposing concrete building had few windows, an entrance that was difficult to find, and a stifling atmosphere. It was frequently compared to a “concrete straitjacket.”

When the congregation first decided that it could no longer suffer the Brutalist structure and attempted to replace it, the DC Historic Preservation Review Board retaliated by designating the building as a landmark—forcing the church to preserve a building that was unwelcoming and unstable. That’s when Becket stepped in to defend the church.

The church argued that the preservation board was interfering with its First Amendment right to exercise its religion. The building’s imposing architecture hampered the church’s message and its ministry. Religious liberty required that the church be able to decide how best to use its property in accordance with its faith.

Finally, in 2014, after several years of litigation, the Church prevailed. It demolished the old Brutalist bunker and began the process of building a new, light-filled building. It has hired world-renowned architect Robert A.M. Stern to design a new building that meets the needs of a downtown church while also contributing to the beauty of the surrounding area. Now the church can move forward in its mission, celebrating a hard-fought victory for both beauty and religious liberty.

*Photo Credit: Third Church of Christ Scientist (rodeomilano, creative commons)

Center for Inquiry v. Jones


Meet Prisoners of Christ and Lamb of God Ministries

Addiction is a major problem and cause of criminal recidivism in the United States. To help break this vicious cycle, the state of Florida works with private organizations like Prisoners of Christ and Lamb of God Ministries to help those recently released from prison assimilate back into society.

For as little as $14 a day from the state, the groups help men find transportation, medical services, job training and whatever basic services they need to find work, stay sober, and make a successful transition back into society. The groups also provide, at no cost to the state, substance abuse treatment modeled on Alcoholics Anonymous. The entire program is voluntary—individuals can choose to participate, choose which sessions best fits their needs, and also choose to join in optional religious discussions if they find them helpful.

Prisoners of Christ and Lamb of God Ministries’ success rate is nearly three times the national average, and Prisoners of Christ alone has helped over 2,300 people get back on their feet. Although the state only covers a fraction of their costs, they serve at a financial loss because their faith calls them to serve.

The atheists who wanted them gone

The Center for Inquiry—an atheist group affiliated with the Richard Dawkins Foundation for Reason & Science—sued the state of Florida and the ministries in an attempt to shut down the partnerships. The atheist group claimed that state funds should never go to “pervasively sectarian” groups—even when those groups provide valuable services like room, board, and job training assistance. Even though the services are provided at a bargain price. Even though no state money goes to religious activities. Even though the program works.

Becket defends religious ministries who do valuable work for society

Becket represented Prisoners of Christ and Lamb of God Ministries together with prominent Florida firm Ausley McMullen. The state of Florida also defended the program.

The issue was a provision of the Florida constitution enacted more than a century ago during a wave of anti-Catholic sentiment that barred state aid to “sectarian” institutions. Many states enacted laws during that time period that barred state funds for “sectarian,” or Catholic organizations. Today, these archaic laws, known as Blaine Amendments, are often dredged up and used against public-private partnerships with a wide variety of faith groups.

In January 2016, a Tallahassee court ruled in favor of Prisoners of Christ and Lamb of God ministries. The court rejected the atheist group’s argument as “discriminatory” and stated that its extreme view of the law could stop the state from partnering with Florida’s large Baptist and Catholic hospital systems to serve the poor. The atheist group chose not to appeal the ruling, meaning the case is over and the ministries may continue their valuable service to society.

Importance to Religious Liberty:

  • Dismantling discriminatory state laws: While anti-religious laws from the mid-19th century remain in place, people of all faiths are at risk of facing discrimination. Faith-based ministries have the right to partner with the state to provide a valuable service to society.

Albanian Associated Fund v. Township of Wayne

For years, the Township of Wayne, New Jersey blocked the Albanian Associated Fund (AAF), a Muslim congregation, from building a mosque. The congregation’s efforts were opposed by a so-called “Property Protection Group” in the community, who labeled the mosque a “public nuisance.” Instead of protecting the First Amendment rights of the congregation, Wayne Township suddenly decided that it needed to seize the future home of the mosque for “open space.”

In July 2006, Becket, along with Roman P. Storzer of Storzer & Greene, filed a federal lawsuit on behalf of AAF against the Township of Wayne, for violating the Constitution as well as the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The lawsuit, filed in New Jersey district court, was filed to stop the Township from using eminent domain to seize AAF’s property. A federal judge sided with Becket, preventing the Township from seizing the property, and protecting the mosque’s right to build.

“This is a great victory in the battle for the rights of religious organizations of all faiths,” said Kevin ‘Seamus’ Hasson, Founder of Becket, “However, the greater war will continue until local governments learn that the Constitution prohibits this type of eminent domain abuse.”

“It is wonderful to see the courts in this country protect religious freedom,” said Atmi Kurtishi, president of the Albanian Associated Fund. “But we couldn’t have done it without Roman Storzer and Becket.”

Rocky Mountain Christian Church v. Boulder County


In 2004, Rocky Mountain Christian Church was growing. The nondenominational church and school in Niwot, Colorado applied for the routine permits needed to expand its sanctuary and school buildings.

In a classic case of discriminatory zoning, Boulder County commissioners rejected the church’s application despite allowing a secular school just a mile away to do exactly what the church wanted to do. As a result, the church had to conduct classes in the hallway. Becket stepped in to represent the church.

Becket argued that denying the permit not only treated the church unequally, but substantially burdened the church’s ability to function and dissuaded other houses of worship from locating in the County. (The County had also told a local synagogue it could have only 100 seats because the county did not want any more “mega churches.”)

After a multi-week trial in federal district court, a jury ruled in the church’s favor on all three of its RLUIPA claims. The county then appealed to the Tenth Circuit Court of Appeals, where its appeal was rejected. Intent on discriminating against the church, the county appealed to the U.S. Supreme Court, which finally put an end to it all by refusing to hear the case. This left intact the ruling that Boulder County had unfairly discriminated against the church in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) – a lesson that overly zealous and anti-religious zoning boards should take to heart.

Christ Church New Jersey v. Rockaway Township

Cramped—that’s how members of Christ Church felt after an exhausting seven year search for a new house of worship. In less than twenty years, a home Bible study of eight people had grown to a church of more than 5000 members. Their 800-person sanctuary was bursting at the seams; it couldn’t keep pace with the needs of a rapidly expanding congregation.

In April 2003, the Church signed a contract to purchase a large property from a bio-tech firm in Rockaway Township, New Jersey. It seemed like a perfect fit. Conveniently located just 21 miles away from the Church’s primary campus in Montclair, the new facility could seat over 2,500 people, every service. But when Christ Church requested approval for its site plan from the Rockaway Township Planning Board, local officials actively sought to block construction. Although couched in terms of concerns about traffic and congestion, there were also indications that some of the resistance came from the fact that Christ Church’s membership was diverse, and its Senior Pastor, Rev. David Ireland, was African-American.

Becket stepped in to advise Christ Church and counter the city’s attempts to drag out the approval process. City bureaucrats sought to foment local opposition, and even went as far as to question whether Christ Church was, legitimately, a “church” as defined by city regulations. Rockaway Township, observed Derek L. Gaubatz, Becket’s former director of litigation, tried “to hunker down and throw sand in the gears at every step of the process.” In a private meeting with Rev. Ireland, the Mayor of Rockaway said “we don’t want you here,” and threatened to seize the property by force of eminent domain.

On April 15, 2005, Christ Church filed suit against Rockaway Township officials for placing unconstitutional, discriminatory burdens upon its right to pursue its religious mission.

The Religious Land Use and Institutionalized Persons Act (RLUIPA), the federal statute that supplied the core of Christ Church’s claims, shields religious institutions from the imposition of land use regulations which place them “on less than equal terms” with nonreligious assemblies. Local officials did just that. Rockaway Township did everything it could to create an antagonistically unequal playing field for Christ Church.

After two years of litigation, the Rockaway Township Planning Board relented, settled out of court, and in October 2007, granted Christ Church approval for the construction of its interim sanctuary. The church celebrated receiving its final Certificate of Occupancy on June 1, 2009, six years after buying the property.

Living Faith Ministries v. Camden County Improvement Authority

Living Faith Ministries, a 6,000-member, 20-year-old New Jersey church, filed suit in federal court on February 15, 2005. Living Faith charges that Pennsauken Township, Camden County, and the Camden County Improvement Authority are violating the United States and New Jersey Constitutions and the Religious Land Use and Institutionalized Persons Act (RLUIPA) by attempting to seize the church by eminent domain.

The vibrant, predominantly African-American religious community has been growing at a rate of 30% annually. In 2002, Living Faith bought the South Jersey Expo Center property after a two-year search that turned up no other suitable alternatives.

The complaint remarks that the Authority “seeks to seize Living Faith’s Church to demolish it and transfer the property to a private developer for the purpose of building private residential units.” This is not a “public use,” such as a park or highway, so the taking would violate the Fifth Amendment. The Pennsauken Township has already acknowledged that the church would be a beneficial use to the community, with no negative impact on the neighborhood or surrounding businesses.

“Living Faith’s outreach to the community is provided through 27 specialized ministries that are dedicated to improving the lives of all within the larger community in accordance with the vision of the Church,” the complaint says. Living Faith holds several weekly religious services, fellowship programs, Bible study, and youth ministries, and a television show titled “Faith Speaks.”

The Becket Fund for Religious Liberty joined the team of lawyers representing Living Faith Ministries in this suit, and successfully secured a favorable outcome for the church.

Tong v. Chicago Park District

Chicago bureaucrats would have smothered religious speech in a display of privately funded messages in a neighborhood park if Becket had not secured an important victory for free religious speech.

A park fundraiser overseen by the Chicago Park District invited the community to purchase bricks engraved with an inscription chosen by the donor to be included in a neighborhood park walkway.  Becket’s clients wanted to engrave the message “Jesus is the cornerstone” on their brick, but the proposed message was rejected because of its religious content.

The U.S. District Court for the Northern District of Illinois agreed with Becket that rejecting the proposed engraving violated the First Amendment.

 

Gallart v. City of Frederick and Frederick Presbyterian Church

In 1998, members of a Frederick, Maryland church decided to build an addition to their church building. A new 180-square-foot lobby area would provide handicapped access to the church, an elevator, improved bathrooms and a wider stairwell. When the church’s attorney met with the city zoning administrator to determine what approvals were needed, he was told that the church did not conform to current zoning requirements mandating that on-site parking be provided. Although the existing church was grandfathered from the regulation, the construction of an addition would trigger the parking requirement. Because it was physically impossible, due to size constraints, to build a parking lot meeting the city’s zoning requirements on the church’s property (the church was built in 1825, well before invention of the automobile), Dean was told that the church would need a variance for the existing sanctuary if they wished to proceed with construction of the addition.

Multiple hearings were conducted followed by a rejection of the variance application.

A few months later, in the fall of 2000, the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) was signed into law, and the church asked the office of the City Attorney for an opinion on how the new law would affect Frederick Presbyterian ‘s ongoing effort to win approval of the new addition.

On January 30, 2001 Becket wrote a letter to the city attorney, noting that Frederick’s “zoning regulations place a substantial burden on the church’s use of the property for religious exercise,” and that “imposing the parking requirements on the church would violate RLUIPA.” The city agreed, and the Zoning Administrator and Historic District Commission unanimously approved the addition.

In the meantime, a disgruntled neighbor appealed the city’s decision. Becket stepped in to defend the church in court.

*Image Credit: Fredrick Presbyterian Church

Cotton v. Florida Department of Corrections

Alan J. Cotton was a prisoner in Florida’s Everglades Correctional Institution who tried for several years to get the state Department of Corrections to provide him with kosher meals. Cotton was born and raised in the Jewish faith, and was a “sincere adherent of Orthodox Judaism” who “believes he is required to keep a kosher diet” in order to “conform to the divine will of God as expressed in the Torah.”

Such requests for a special diet are not unusual, and federal prisons in Florida routinely accommodate requests for kosher food. Cotton began his battle for a kosher diet in October 2000. Several requests were denied, and a subsequent appeal was rejected.

In September 2002, Becket filed a lawsuit against the Florida Department of Corrections, charging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), the First and Fourteenth Amendments to the U.S. Constitution, the Florida Constitution, and the Florida Religious Freedom Restoration Act of 1998.

In October 2003, the Florida Department of Corrections finally settled, allowing Cotton to receive kosher meals according to his Orthodox Jewish faith.

Lt. Ryan Berry v. U.S. Air Force

Lt. Ryan Berry, 26, is a West Point graduate who followed in his father’s footsteps and joined the Air Force to become a nuclear missileer. Berry morally objected to sex-integrated silo duty where each missile silo had one bed and toilet facilities shielded only by a retractable curtain — rendering privacy minimal. Berry sought counsel from the base Catholic chaplain who agreed that mixing of the sexes among silo crews was improper and a likely occasion of sin.

From May 1997 to December 1998, Berry’s religious waiver was honored and he worked silo duty exclusively with men. He received excellent job performance evaluations. Then several squadron members complained about “preferential” treatment, and the new wing commander, Col. Ronald Haeckel, refused to continue Berry’s religious accommodation.

In an April job performance review, Haeckel blasted Berry for “unacceptable professionalism.” He wrote that Berry “refuses to accept personal responsibilities … (and) will not perform duties with fully qualified female crew members.” Berry was then decertified from working with nuclear missiles and assigned to a desk job.

Recognizing a violation of Lt. Berry’s religious liberty, Becket stepped in to negotiate a favorable settlement for Berry with the U.S. Air Force.

Calvary Chapel O’Hare v. Village of Franklin Park

Calvary Chapel O’Hare was founded in 1996 in a former real estate office. By 2000, the church had doubled in size to 200 members, and its 2500 square foot facility was no longer adequate for its congregation.

So in 2002, Calvary Chapel signed a contract with a bowling alley that suited the church’s needs. The following month, however, city officials informed Pastor Jeff Deane that the church was in a zone that did not allow churches, even with a conditional permit. Though many other assembly and institutional uses were allowed in that zone, the church could not use its building as a place of worship.

Represented by Becket and local attorney Timothy P. Dwyer, Calvary Chapel O’Hare sued the Village of Franklin Park, charging violations of the Religious Land Use & Institutionalized Persons Act (RLUIPA), the U.S. and Illinois Constitutions and the Illinois Religious Freedom Restoration Act (RFRA).

In July 2002, in a great victory for the church, the Village changed its Zoning Code to allow churches to apply for conditional uses in commercial zones, ensuring that all forms of assembly, religious and non-religious, were treated equally. In January 2003, Franklin Park approved the permit, the church formally purchased the property. Today Calvary Chapel O’Hare continues to worship freely in its bowling alley.

Greenwood Community Church v. City of Greenwood Village

Greenwood Community Church was organized in 1991, when it took over property that had been owned by the Belleview/Holly Baptist Church at a major city intersection (Belleview Avenue and Holly St.). The city had given zoning approval for construction of the church facility in 1985. It consists of just under 32,000 square feet of space, including a 600 seat sanctuary. (The original city permit allowed a 1,135 seat sanctuary, but it was later reduced somewhat in size so that a 125 child day care center could be built. The city issued a permit for day care use in 1988.)

The church has grown considerably in recent years, and the present building is no longer larger enough to accommodate all of its activities – worship services, youth group meetings, adult bible studies and other religious meetings and events – and so in the spring of 2000, it applied for an amendment of its Special Use Permit to expand both the building and associated parking spaces.

A member of the congregation had donated an additional four and a half acres of land immediately adjacent to the original 9 acre property in 1997, and the application proposed using the additional vacant property for the expansion. The expanded facility would occupy up to 61,485 square feet, roughly doubling available floor space and including an expanded sanctuary (at 900 seats, still 75 seats fewer than authorized under the original CUP), chapel, music room, classrooms and community area.

The church was meticulous about meeting city requirements for the proposal. A required (and noticed) neighborhood input meeting was held on July 26, 2000. Other than church and city representatives, only one area resident attended, and testified that the church does not cause traffic problems on Sunday mornings. The church spent some $250,000 on engineering, planning and architectural fees and expenses, and to prepare its application plans and respond to city requests.

On November 6, 2001, the city Planning and Zoning Commission held a public hearing on the application, and in response to newly raised concerns expressed at the meeting, the church agreed to drop its proposed day care use of the property. A month later, the Commission voted 5 to 1 to recommend that the City Council approve the application. In January, 2002, the city’s planning staff sent a memo to the Council stating that the application met all applicable standards, codes and criteria, and recommended approval.

The City Council held a public hearing on the application on January 28, and then took no action on it. Forty-nine days later, on March 18, 2002, the Council abruptly adopted “Findings of Fact, Conclusions and Order,” denying the application unconditionally, without proposing any changes or conditions for approval. Among the Council’s “findings” was that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was unconstitutional, and that it would therefore ignore the law’s requirements.

On May 6, 2002, Greenwood Community Church filed suit against the City of Greenwood Village in Arapahoe County District Court, charging that the City’s actions were “arbitrary, capricious, unreasonable and an abuse of discretion.” It alleges violations of the U.S. and Colorado Constitutions and RLUIPA, and asks the court to issue a preliminary and permanent injunction against the city, as well as an order directing the city to “issue all permits and authorizations necessary” for the expansion project.

On June 7, 2002, Becket joined the lawsuit on behalf of Greenwood Community Church.

In September 2002, the church and the city agreed to explore resolution of the case. After several months of talks, The Greenwood City Council met to reconsider the application at its meeting on December 2, 2002. On a vote of 6-2, the Council reversed its earlier decision and approved the church’s expansion plans.

In addition to compromises agreed to earlier, the church will accept a reconfiguration of its expanded parking area, more than doubling the setback from its eastern boundary, as well as a further reduction in square footage of the new, larger building.

 

Cottonwood Christian Center v. City of Cypress

A growing church seeks a new home

Cottonwood, a large non-denominational church in Orange County, California, was established in 1983 with a membership of just 50 people. Over the years, it grew rapidly, hosting 4,000 adults at worship services, and another 1,200 children at Sunday school each week. Its existing facility had a seating capacity of only 700, and it had to hold hold two services on Saturday and four on Sunday to accommodate its members. Yet it still had to turn away new worshipers because of limited space.

Church members began raising funds to purchase a 17.9 acre property for $13 million in a redevelopment area that had been vacant for decades. They drew up plans for a 300,000 square foot worship center with seating for more than 4,700, as well as a youth center, daycare, gymnasium, and other facilities to serve the congregation.

A city that chooses Costco over a church

In October 2000, Cottonwood filed an extensive application for a Conditional Use Permit (“CUP”), that went well beyond the city’s requirements. But a few weeks later, the city rejected it, citing omission of a Preliminary Design Review, despite the fact that the application itself states that such a review is optional. The following day on a Friday, the city sent the church a letter—by ordinary mail—informing them of a City Council meeting on Monday, at which it would adopt a moratorium on any new permit applications in the redevelopment area.

The moratorium lasted more than a year, during which the Council secured interest from Costco Corporation, the big warehouse retail store chain. The Redevelopment Agency then chose Costco’s proposal despite the fact that it doesn’t own the land, and that the property is not zoned for retail use.

A gross violation of church property rights

In February 2002, represented by Becket and by the firm of Sheppard, Mullin, Richter & Hampton, Cottonwood Christian Center filed a lawsuit against the City of Cypress, charging violations of RLUIPA and the U.S. and California state Constitutions.

In April 2002, the Cypress City Council voted 3-0 to begin eminent domain proceedings to take the land and then sell it to Costco for construction of a new retail warehouse store. Later, after Council member Anna Percy compared the Council members to “parents” who have responsibility to make important decisions, and city residents and church members as “kids” who don’t have all the information to make such decisions, the Council voted 4-0 to take the property.

In June 2002, Cottonwood filed a motion for a preliminary injunction to stop the City of Cypress from taking its property. A judge granted the motion, and held that the church was likely to win, stating: “Preventing a church from building a worship site fundamentally inhibits its ability to practice its religion. Churches are central to the religious exercise of most religions. If Cottonwood could not build a church, it could not exist.”

After months of settlement negotiations, the city and the church dismissed the lawsuits after Cottonwood agreed to build its church on another 29 acre site in the same area.

Images of finished building. Used by permission: Cottonwood Church

Castle Hills First Baptist Church v. City of Castle Hills

Castle Hills First Baptist Church was a growing church in San Antonio, Texas that needed a new space to accommodate its 17,000 members. So in the late 1990s it acquired six residential lots for much needed additional parking.

Knowing that the church intended to use the lots for parking, the city allowed it to demolish and remove homes on the lots. However, it then refused to grant a special use permit to begin construction of the parking areas. In the following months, city officials proposed a settlement that would allow the parking lots to be built, only to have the City Council vote them down. They also rejected three other applications to begin construction. A study done by the city’s own traffic engineer showed that development of the church’s new parking lot would actually improve traffic conditions in the area, but the report was ignored. The city also demanded that the church provide and pay for additional reports related to the aesthetics, drainage, air quality and traffic impact of the new parking lots. When the church met all these arbitrary requirements, the city council simply ignored them and denied their request to build.

Finally, after years of fruitless attempts to win city approval, the church sued in the summer of 2001. Becket joined the case in December 2001, and successfully won a victory for the Church in March 2004. Judge W.R. Furgeson’s ruling took the opportunity “to encourage Castle Hills and all other similarly situated communities to engage in thorough and positive debate and negotiation on the issues of zoning of religious organizations and places of worship… Cities must govern the health, safety and welfare of their communities, but in so doing, should consider carefully the positive and supportive role that a place of worship will play in doing so.”

Living Waters Bible Church v. Town of Enfield

Becket has joined the battle being waged by the Living Waters Bible Church against the Town of Enfield, New Hampshire over the right to broadcast Christian programming over a 7 watt FM radio station in the area.

Becket, a nonpartisan and nonprofit public interest law firm, represents a number of churches and other religious institutions throughout the United States in cases filed under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). Enfield officials relied on their land use regulation authority in denying the church’s request for a zoning variance that would allow it to operate a radio studio. The church’s lawsuit charges the town with violations of RLUIPA and the U.S. and New Hampshire Constitutions.

The Living Waters Bible Church is a small nondenominational church which meets in a modest little house located on a 50 acre property in Enfield. About a year ago, it agreed to work with another group, the Green Mountain Educational Fellowship, to bring Christian radio programs to residents in the area around Enfield. The Federal Communications Commission granted a Construction Permit for the station (WVFA – 90.5 MHz FM) on February 9, 2001.

In June 2001, Pastor Elmer Murray informally approached town officials about his plan to build a very small radio studio on church property (the transmitter and antenna are located miles away, on Shakers Mountain), and was told it was an “accessory use” to the permitted church and residential uses already in place. But in July, the Town Planning Commission decided that a radio studio was not an accessory use, and would require a variance from the Board of Adjustment. The Board, yielding to pressure from a few neighbors, denied the variance and a later motion for rehearing. The church, left with no choice, sued in state court in November.

The Town of Enfield removed the case to federal court on November 30. Becket, which won the first case litigated under RLUIPA just over a year ago, now represents churches and other religious groups in similar suits in half a dozen states stretching from Pennsylvania to Hawaii.

 

Pine Hill Zendo Inc. v. Town of Bedford Zoning Board of Appeals

Few cases better illustrate the arbitrary and even whimsical way in which local zoning boards often reject petitions for special use permits than the case of Pine Hill Zendo v. the Town of Bedford, New York. Pine Hill Zendo is a Buddhist temple, albeit a very small one. It is one of a handful of Rinzai Zen Buddhist temples in North America with a resident teacher, and consists of a meditation room in the home of John and Angela Mortensen. For a few hours four days a week, the zendo’s eleven members gather at the house for silent meditation, brief liturgies and instruction.

DenkoIn the spring of 2001, however, a neighbor complained to the Town Planning Board, and the Mortensens were asked to apply for a special use permit that would allow them to use the home as a “church or other place of worship,” although neither of those terms is defined anywhere in the Town zoning ordinance. The Zoning Board of Appeals held a hearing on the application on September 5, 2001, and a group of neighbors appeared in opposition. None claimed that they had been harmed or even inconvenienced by Pine Hill Zendo during the previous two years. One resident even testified that other neighbors told her they had never seen or heard anything, and didn’t even realize the Zendo existed. Opponents simply speculated that traffic and parking problems might develop.

The ZBA rejected the application for a special use permit, citing “issues related to traffic and on-street parking,” although on-street parking is permitted in the area at any time except for overnight hours during the winter months. And, incongruously, the Board cited concern over noise, despite the fact that the Zendo’s primary activity is silent meditation.

On November 2, 2001, Becket joined the case. On November 6, 2001, Pine Hill Zendo filed suit against the Bedford ZBA in the Supreme Court for the County of Westchester, New York, seeking reversal of the Board’s decision. The Town of Bedford subsequently settled, resulting in a victory for the Zendo.

Freedom Baptist Church v. Township of Middletown

Becket represented Freedom Baptist Church, a small religious community of about 25 members in Middletown Township in Pennsylvania, just west of Philadelphia.

In the fall of 2000, Pastor Chris Keay began a search for suitable space to hold worship services in Middletown Township. Pastor Keay soon signed a lease on the first floor of an office building below a dentist’s office.

However, the building was in a “no religion” zone. After having worshipped in the space for six months, a Township Zoning Officer came after the church, claiming that it was in a zone in which religious worship was not permitted under any circumstances. The church applied for a variance but was denied. It had no choice but to bring a lawsuit under the U.S. and Pennsylvania Constitutions as well as the Religious Land Use and Institutionalized Persons Act (RLUIPA).

In its defense, Middletown challenged the constitutionality of RLUIPA, but Becket argued in favor of RLIUPA at the district court. Judge Stewart Dalzell issued a ruling issued on May 2002, upheld the law. It was the first time that a federal court had ruled on the constitutionality of RLUIPA’s land use provisions, and the decision has since been cited as precedent in other cases around the country. In November 2002, Judge Dalzell signed an agreement in which Middletown agreed to revise its zoning ordinances to comply with RLUIPA and pay attorney’s fees. Freedom Baptist Church was represented by Becket and by local attorney L. Theodore Hoppe.

*Photos of updated building used by permission: Freedom Baptist Church

 

Hale O Kaula v. County of Maui

They just wanted to worship and till the earth.

A simple beginning to a not so simple story. Hale O Kaula was a small congregation affiliated with the Fellowship of the Living Word that had been worshipping in the small Hawaiian community of Haiku since 1960. As they began to expand, they bought a new, six acre piece of land in 1991 in the Kula area of Maui.

The congregants were thrilled, because the new space was large enough for all of their proposed religious activities, as well as spacious enough to pursue a ministry characteristic of its denomination: agricultural activity drawn from the Old Testament of the Bible.

In 1995, they applied for a permit to build a spacious 8,500 square foot facility which would house a sanctuary, fellowship hall, restrooms, kitchen and offices. But the permit was denied.

So they built a smaller, solely agricultural building a few years later. The next year, they applied for a permit to add a second story to the building for religious worship. Their request was denied again.

Enter the Becket Fund. We filed a lawsuit on behalf of the church in the U.S. District Court in Honolulu, charging the Maui Planning Commission, Maui County, and the State of Hawaii with violating multiple provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA), as well as depriving the church of rights guaranteed to it under the U.S. and Hawaiian Constitutions. We made sure that the members of the Maui Planning Commission were served with the complaint as they walked in the door for their regular meeting in Wailuku in October, 2001.

The County fired back, arguing that RLUIPA “is patently unconstitutional.”

Enter the U.S. Department of Justice, in defense of the constitutionality of RLUIPA as well as in opposition to Maui’s blatantly discriminatory posture.

What ensued was a legal back and forth that included the congregation erecting tents on their own property and holding worship services, to which the media showed up and to which the County’s attorneys told them that “your past Sunday worship would probably not violate” Hawaiian law “if it is not a ‘regularly conducted church service’”—in other words, you can worship here every now and then, but worshipping every Sunday is out.

Ultimately, after several court rulings in favor of the church, Maui gave in. Hale O Kaula is now able to hold church services on its own property. Every Sunday.

 

Temple B’nai Sholom v. City of Huntsville

Temple B’nai Sholom is a Reform Jewish synagogue with a long history in Huntsville, Alabama. Founded in 1876, it has occupied its present location since 1899. The Temple sanctuary has been designated a Historic Building, and was extensively renovated in the mid-1990s.

In the 1970s, the Temple purchased two adjacent pieces of property in order to have room for future expansion. Each parcel contained a house, neither of which were of historic significance, although the entire area lies within an historic preservation district. One of the houses was demolished many years ago without any objection from the city or the Historic Preservation Commission, and other property owners in the area, including several nearby churches, have been allowed to demolish similar buildings.

On September 15, 2000, city code enforcement officials issued a notice declaring the house at 406 Clinton Avenue unsafe, and ordering the Temple to either “repair or demolish” the structure. Since the Temple intends to use the site for religious activities, including eventual expansion of the sanctuary, it sought permission of the Huntsville Historic Preservation Commission to demolish the house.

On November 20, 2000, the Commission refused, leaving the Temple in an impossible “Catch 22” situation: ordered by one city agency to demolish the house, and prohibited by another from doing so. To add insult to injury, the city then sought a criminal misdemeanor conviction against the Temple for its failure to obey the order to “repair or demolish.”

Finally, on May 8, 2001, Temple B’nai Sholom filed suit in Madison County Circuit Court against the City of Huntsville, the head of the city’s Inspection Department, and the administrator of the city’s Historic Preservation Commission. On June 1, 2001, defendants moved to remove the case from county court and move it instead to U.S. District Court for the Northern District of Alabama.

In October 2001, the Becket Fund for Religious Liberty joined the case, and an amended complaint was filed on October 23, 2001. It charged the city with violations of the Constitutions of Alabama and the United States and RLUIPA. On November 2, 2001, the city moved to strike the amended complaint and renewed their motion to dismiss. On November 6, Judge Smith summarily denied both motions. In February, 2002, Alabama Attorney General Bill Pryor filed a motion for leave to join the suit on the Temple’s side, to defend the state’s Religious Freedom Amendment. (Temple B’nai Sholom v. City of Huntsville, et al., CV-01-S-1412-NE)

Interestingly, the City of Huntsville itself had burned down a number of houses of approximately the same vintage as the house at 406 Clinton Avenue at about the same time it took action against Temple B’nai Sholom. City Community Development Director Jerry Galloway was quoted in an article in the Huntsville Times as saying, “We have an obligation to the public to get rid of stuff that’s a danger to the public health and safety, and this property was.”

Although the city initially adopted a strategy of challenging the constitutionality of RLUIPA and sought the assistance of the statute’s most vehement critic, law professor Marci Hamilton, in the end it agreed to settle the case “in order to avoid the expense, inconvenience, and uncertainty of litigation.” (Along the way, both the City of Huntsville and the Alabama Preservation Alliance joined in an amicus brief challenging RLUIPA’s constitutionality, written by Hamilton and submitted to the Seventh U.S. Circuit Court of Appeals in C.L.U.B. v. City of Chicago.)

The settlement, approved by the Huntsville City Council on June 26, 2003, provides that the City of Huntsville will purchase the house at 406 Clinton Avenue for $25,000 and will pay to have the house moved to a vacant lot that the city owns at the corner of Dallas and Walker Streets. The settlement agreement also commits the city’s Historic Preservation Commission to “work with the Temple in good faith toward the issuance of a Certificate of Appropriateness approving the Plans [for the Temple’s expansion] and the project implementing the Plans within a reasonable and customary time period.”

Having given the Temple everything it sought in the lawsuit, the city nevertheless inserted language at the end of the agreement stating that it still refuses to concede that either RLUIPA or the Alabama Religious Freedom Amendment are “valid laws.”

Refuge Temple Ministries of Atlanta v. City of Forest Park

On March 14, 2002, U.S. District Court Judge Marvin H. Shoob approved a Consent Order under which the City of Forest Park, Georgia retreated completely from its earlier refusal to allow Refuge Temple Ministries to occupy and use a commercial property within its C-2 district. The city conceded that the zoning ordinance used to bar the church, since repealed, “would not have survived review under the Religious Land Use and Institutionalized Persons Act.” The Consent Order also declared that “The establishment of a place of worship operated by the Plaintiff, Refuge Temple Ministries, shall be a permitted use within Forest Park’s C-2 District.”

Background:

Refuge Temple Ministries of Atlanta is a small church founded in December, 1997. Its approximately 50 members had been meeting at the home of Pastor Harry Simon and various other buildings, and sought a permanent home for the church. In August, 2000 they negotiated a lease for a property in Forest Park, a suburb on the south side of Atlanta. The building, at 770 Main Street, is located in the city’s C-2 (“central commercial”) district, which permits “churches and other places of worship with attendant education and recreational buildings” as permitted uses. On August 11, they obtained a Zoning Verification from city officials, signed the lease, and prepared to occupy the property. They spent nearly $14,000 on a first-and-last-month deposit, renovations and utilities.

On August 29, city officials notified Pastor Simon that they had approved the zoning application in error, having been unaware that the City Council had adopted a new zoning ordinance just four days earlier. The new law required churches to obtain a Special Land Use Permit in order to occupy property in the C-2 district, although it continues to allow other similar uses – private clubs, lodges, theaters, auditoriums and other places of assembly – without such a permit.

The church proceeded to apply for the special permit on September 8, but although no one appeared in opposition to granting the permit at meetings of the Zoning Board and City Council, on December 18, the Council voted to deny the permit without explanation.

On April 12, 2001, Refuge Temple Ministries filed suit in Federal District Court for the Northern District of Georgia, in Atlanta, charging the City of Forest Park with violations of the U.S. and Georgia Constitutions and seeking relief under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). On June 4, the city council repealed the ordinance. On October 19, 2001, Refuge Temple Ministries moved for partial summary judgment.

After extended negotiations, the city finally agreed to a Consent Order (see above), and also provided a letter of apology to Pastor Harry Simon, declaring that the city “regrets Refuge Temple Ministries’ inability to locate its ministry within Forest Park.” The church, which moved into space outside the city during pendancy of the lawsuit, was invited “to locate within Forest Park some time in the future.”

Refuge Temple Ministries was represented in the lawsuit by The Becket Fund for Religious Liberty, and by local counsel H. Eric Hilton. (Refuge Temple Ministries of Atlanta v. City of Forest Park, U.S. District Court for the Northern District of Georgia, No. 1:01-CV-0958-MHS)

Unitarian Universalist Church of Akron v. City of Fairlawn

For nearly a year, the Unitarian Universalist Church of Akron was forced to battle the City of Fairlawn, Ohio in federal court in order to build a fellowship hall on property the church has occupied since 1958.

The church was originally established in nearby Akron in 1839. At the time the church moved to the current site, the Village of Fairlawn had not yet been established. In 1993, Fairlawn adopted a new zoning ordinance, and created three municipal zoning districts, with only one district, M-3, permitting churches. Even there, however, they required special authorization for any construction or modification to existing buildings.

So when the Church asked for authorization to build a new fellowship hall and was denied, it filed a lawsuit arguing that Fairlawn’s implementation of its zoning code amounts to a ban on churches and an unreasonable restriction on the completion, restoration, reconstruction, extension or substitution of preexisting churches. Such burdens, they argued, violate the Constitution and RLUIPA.

The Fairlawn City Council buckled and voted 5-1 to approve a settlement with the Church that gave it everything it had asked for, including legal costs. The constitutional rights of the church, and all the other houses of worship the council had zoned out, was affirmed, and the Church now enjoys a bustling fellowship hall for its activities.

 *Photo Credit: Unitarian Universalist Church of Akron

Haven Shores Community Church v. City of Grand Haven

In a settlement reached on December 20, 2000, the City of Grand Haven, Michigan agreed that a small local storefront church could occupy a storefront after all. It was the first case resolved under the terms of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

Haven Shores Community Church signed a lease for a storefront property in Grand Haven in May of 1999, but when Rev. David Bailey went to apply for building permit to modify the space, he was told by city officials that religious meetings and worship were not permitted at that location under city zoning laws. Even though Grand Haven’s zoning ordinance for the “B-1 Community Business District” specifically allows for “private clubs,” “fraternal organizations,” “lodge halls,” “funeral homes,” “theaters,” and “assembly halls” or similar places of public assembly,  the church’s claim that it too was a “place of public assembly” was rejected by multiple city offices, including the City Council.

On March 13, 2000, Becket filed suit in federal district court on behalf of the church, charging that the city had violated their constitutional rights to freedom of speech, religion, assembly, due process and equal protection of the laws.

However, when President Clinton signed the Religious Land Use and Institutionalized Persons Act (RLUIPA) on September 22, 2000, Becket was able to immediately file an amended complaint in the case,seeking relief under RLUIPA.  After the RLUIPA claims were filed, attorneys for Becket and the City of Grand Haven agreed to a consent judgment that settled the case in favor of Haven Shores.  Now there is a church alongside the funeral homes, theaters and assembly halls of Haven Shores.

Ganulin v. U.S.

The Grinch almost stole Christmas through this lawsuit, but thanks to Becket, this federal holiday eluded an Establishment Clause challenge.

When an anti-Christmas activist in Ohio sued the federal government claiming that the law making Christmas Day a federal holiday violated the Establishment Clause, Becket intervened on behalf of several federal employees to defend Christmas.

In the spirit of Dr. Seuss, Judge Susan Dlott of the federal district court wrote part of the opinion upholding the Christmas holiday in verse.  The decision accords with precedent holding that, as long as the government can articulate a secular purpose for its actions, it may officially recognize a holiday—even one with religious meaning—for all government employees.

Judge Dlott’s Poem

The Court will address plaintiff’s seasonal confusion
erroneously believing Christmas merely a religious intuition.

Whatever the reason constitutional or other,
Christmas is not an act of Big Brother!

Christmas is about joy and giving and sharing,
it is about the child within us, it is most about caring!

One is never jailed for not having a tree,
for not going to church, for not spreading glee!

The Court will uphold seemingly contradictory causes,
*826 decreeing “the establishment” and “Santa” both worthwhile “Claus(es)!“

We are all better for Santa, the Easter bunny too,
and maybe the great pumpkin, to name just a few!

An extra day off is hardly high treason.
It may be spent as you wish, regardless of reason.

The Court having read the lessons of “Lynch”
refuses to play the role of the Grinch!

There is room in this country and in all our hearts too,
for different convictions and a day off too!

Boyette v. Galvin

Schoolchildren and parents in Massachusetts sought government funding for parochial education by amending a provision of the Massachusetts Constitution — known as the”Anti-Aid Amendment — that bars any public financial support for private primary or secondary schools.

They sought to amend this provision through a voters’ initiative, but the state Constitution explicitly prohibits initiatives to amend the Anti-Aid Amendment, as well as initiatives that concern “religion, religious practices or religious institutions.”

Becket challenged the two provisions prohibiting voters’ initiatives, arguing that they violate the Free Speech, Free Exercise, Equal Protection, Right to Petition, and Establishment Clause provisions of the federal Constitution.

In 2004 the court ruled against us. The Supreme Court declined to hear the case.

Rigdon v. Perry

Priests and rabbis must be free to preach

In May 1996, the Catholic Church announced a nationwide pro-life campaign to urge Congress to override the President’s veto of the Partial-Birth Abortion Ban Act. The campaign urged priests to preach about abortion, lead prayer services, and invite parishioners to write to their Congressional representatives.

Father Vincent Rigdon, a Catholic priest of almost 20 years and U.S. Air Force Chaplain, joined the campaign. As a military chaplain, he regularly provided spiritual counseling and celebrated mass for servicemembers and their families. Preaching about abortion, an issue important to the Catholic Church, was no different. Yet in June 1996, the Pentagon issued a gag order forbidding military chaplains of all faiths from preaching freely about legislation on important moral issues.

The act also barred Rabbi David Kaye, a Jewish rabbi and military chaplain, from speaking about abortion to his congregation. Torn between following a moral imperative and a military order, Fr. Rigdon and Rabbi Kaye had no choice but to go to court to defend their freedom to preach.

Becket defends muzzled military chaplains from Pentagon gag order

In September 1996, Becket sued on behalf of Fr. Rigdon, Rabbi Kaye, the Muslim American Military Academy, and several service members arguing that the gag order violated the chaplains’ rights under the First Amendment and under the Religious Freedom Restoration Act.

In April 1997, the U.S. District Court for the District of Columbia agreed with Becket that the gag order was an unconstitutional restriction of their free speech and free exercise rights.

Censoring sermons is unconstitutional. Every chaplain must be free to speak as their faith dictates, whether from the pulpit or inside the confessional. Thanks to Becket and the First Amendment, military chaplains are free to preach according to their conscience.

Learn more about this case by listening to our Podcast episode, “Orders and Obedience.”

Importance to Religious Liberty

  • Free Speech: The First Amendment protects our right to speak freely on issues without fear of government censorship or punishment, even when that view is unpopular. Chaplains must be free to preach without government censorship.
  • Individual Freedom: Becket defends the right of all individuals to live according to their consciences without government coercion. In this case, chaplains must be free to exercise their faith by addressing important moral issues.