8.29.2006
Two More Wins for Equal Access in Maryland and New York...Despite the numerous victories by ADF and its allies in the area of equal access, the battle is far from over in the struggle for churches and religious organizations to be treated at least as well as "everyone else." This week, I can share with you two more recent God-given victories for equal access:
In Montgomery County, Maryland, the state chapter of Child
Evangelism Fellowship (CEF) was denied the right to distribute flyers to
students by the county's public school district, even though other
groups, including religious ones, were allowed to pass out their
material. In 2004, the U.S. Court of Appeals for the 4th
Circuit ruled that the school district's refusal to allow the
distribution of the flyers violated CEF's freedom of speech. The
district then "revised" its policy but still refused to allow the
distribution of CEF's flyers! A federal district court upheld the
new policy, but CEF appealed the decision to the 4th Circuit. ADF provided funding to Christian Legal Society attorneys who argued on behalf of CEF. On Thursday, August 10th, the 4th Circuit ruled that the "revised" policy that still barred the distribution of CEF's flyers was unconstitutional. In the opinion, Judge Diane Motz wrote that: "permitting [the school district] unbridled discretion to deny access to the oft-used forum - for any reason at all, including antipathy to a particular viewpoint - does not ensure the requisite viewpoint neutrality." The full text of this precedent setting victory can be read at www.telladf.org/UserDocs/CEFopinion.pdf.
The school district has now chosen to ban all outside groups from sending flyers home with schoolchildren, rather than allow (CEF) to distribute its material. We will continue to monitor this latest attempt to deny CEF its constitutional right to free speech and equal access.
Read the ADF press release to learn more...
In Riverhead, New York, a group filed a lawsuit against the Riverhead Central School District because it was doing what it was supposed to be doing: renting space to a local church to use for worship on Sunday morning on an equal basis. The plaintiffs claimed that the school district was violating the so-called "separation of church and state." ADF Senior Legal Counsel Jeff Shafer represented the church and its pastor, both which had been named as defendants in the lawsuit, Tooker v. Riverhead.
Jeff filed a motion that the lawsuit be dismissed, based in part on the previous ADF victory for equal access in New York City: Bronx Household of Faith v. Board of Education of the City of New York. This is the case which opened up the previously closed doors of public facilities across New York City to churches and religious organizations, on the same basis as all other groups enjoy. On Tuesday, August 8th, a New York trial court dismissed the lawsuit. A copy of the dismissal can be read at www.telladf.org/UserDocs/RiverheadDismissal.pdf.
Jeff says: "If the doors to community facilities are opened to the public, religious speakers may not be excluded. The Constitution provides the right of equal access to all groups. Departure from that standard amounts to discrimination."
This case is just another example of the God-given strategy of perseverance and establishing legal precedent after legal precedent to re-open previously (and wrongly) closed doors. Your prayers and support, along with God's grace, have allowed ADF and its allies to show up in courtrooms all across America to defend, protect, and affirm Our First Liberty - religious freedom. Thank you!
Read the ADF press release to learn more...
Prayer Requests | Visit the ADF prayer page
"Without Christ, we can do nothing." - John 15:5
- Please continue to pray for the decision that could come down at any time from the New Jersey state Supreme Court on same-sex "marriage."
- Please pray for wisdom for the many legal battles ahead.
15100 N. 90th Street
Scottsdale, AZ 85260 (480)444-0020
info@alliancedefensefund.org