Government Stiking Back In 9th Circus
J.J. Jackson* | December 4, 2005 |
The U.S. Department of Justice has filed a friend of the court brief against a Contra Costa County policy that infringed on the first amendment rights of citizen of the Faith Center Church Evangelistic Ministries wishing to use rooms at the county library.
They were denied because of a policy stating “library meeting rooms shall not be used for religious purposes.” Public rooms, paid for by the tax payers open to reservation by the public and the county says nope! Ain’t gonna happen because you are dirty, scummy religious people!
It never seems to matter to the anti-religious bigots out there that the Supreme Court has consistently said that such meeting are indeed allowed and that barring them is unconstitutional. Oh no. That doesn’t matter at all. But have a conservative religious group even show up at a gay rights march and peaceably protest and the left wing goes into conniptions about how just them being there is a violation of their first amendment!
The brief correctly establishes that the 9th Circut Court of Appeals should find in favor of the plaintiffs:
Consistent with the Supreme Court?s analysis in Good News Club v. Milford
Central School, 533 U.S. 98 (2001), the district court correctly held that Faith
Center established a likelihood of success in proving that the County violated its
free speech rights. Faith Center?s meetings come within the scope of the County?s
written policy, which permits non-profit organizations to use Antioch meeting
rooms for ?educational, cultural and community related meetings, programs, and
activities.? Faith Ctr. Church Evangelistic Ministries v. Glover, No. C04-03111
JSW, 2005 WL 1220947, at *1 (N.D. Cal. May 23, 2005). Faith Center?s meetings
offer the public opportunities for just such activities. Through these meetings,
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Faith Center strives to educate the public on religious, social, and political matters
and to engage in discussion on various social, cultural, and political issues. That
Faith Center pursues these goals from a religious viewpoint does not change the
fact that its activities meet the forum?s purpose of encouraging ?educational,
cultural, and community related meetings, programs, and activities.? Ibid. See
Good News Club, 533 U.S. at 112; Board of Educ. v. Mergens, 496 U.S. 226, 247,
250-252 (1990). Because the County refused to permit Faith Center to use the
meeting rooms solely because of the religious perspective of the activities at its
meetings, the County engaged in impermissible viewpoint discrimination. This is
true whether the meeting rooms are deemed a limited public forum or a non-public
forum. See Lamb?s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S.
384, 392-393 (1993). - Brief
The fight is far from over because the left wing and their allies don’t give a damn what the court says … that is unless they agree with THEM! Then that is a whole new ball game!
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