On The Front Lines
The Rutherford Institute Challenges Ban Forbidding Churches from Renting School Property for Sunday Worship Services
LAKE CHARLES, La.-- Attorneys for The Rutherford Institute have filed a federal lawsuit on behalf of Open Gate Western Heritage Church challenging the constitutionality of a school board's action barring churches from using school facilities for Sunday services, although other community organizations are allowed to use school facilities outside school hours for meetings and events. Open Gate Western Heritage Church has held Sunday services on property rented from the Calcasieu Parish School Board since 2008. In late February 2011, the church was told that it could no longer use the elementary school cafeteria it had been renting because its services constituted "worship." The lawsuit, filed in the U.S. District Court for the Western District of Louisiana, alleges that the Calcasieu Parish School Board's policy forbidding the use of school facilities for "worship" activities violates the First and Fourteenth Amendments to the U.S. Constitution.
The complaint in Open Gate Western Heritage Church v. Calcasieu Parish School Board and motion for a preliminary injunction against enforcement of the school board's alleged "worship" exclusion are available here and here.
"Singling out the church in this manner is discrimination, plain and simple," said John W. Whitehead, president of The Rutherford Institute. "Such discriminatory behavior on behalf of school officials denies the right of church members to freely meet and express themselves and, thus, undermines key fundamental rights enshrined in our Constitution."
According to the complaint, the Calcasieu Parish School Board has in place a policy allowing civic, religious, and governmental organizations to use school facilities at times that do not interfere with regular school activities. Since 2008, Open Gate Western Heritage Church had, under this policy, rented space for $40 per week at Fairview Elementary for its Sunday services. In December 2010, the School Board was presented with a proposal to change the rental policy to prohibit the use of school facilities for worship and it was recommended that the school's attorney draft a revision implementing that prohibition. However, the complaint alleges that even though no formal amendment to the rental policy was adopted by the Board, on February 22, 2011, Open Gate's pastor was informed by a school administrator that the church could no longer use school facilities for church services after February 27 because the Board had approved the worship prohibition. According to the complaint, Open Gate's pastor was previously told that the reason for the change was the belief that churches using school facilities were getting a "free ride."
Institute attorneys allege in the complaint that the "worship" exclusion violates the First Amendment's free speech clause and the Fourteenth Amendment's guarantee to equal protection of the law because it discriminates against religious speech and religious organizations. Additionally, the complaint charges that the policy violates the First Amendment's Establishment Clause by requiring state officials to become entangled in religious matters and determine what activities by organizations constitute "worship."
