Case 4:16-cv SMR-CFB Document 27 Filed 08/08/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

Similar documents
Case 1:16-cv Document 2 Filed 10/11/16 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS EASTERN DIVISION

Case 1:18-cv Document 1 Filed 10/06/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD ) ) ) ) ) ) ) ) ) )

No JESUS ALCAZAR, and CESAR ROSAS, THE CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE; HORATIO YANEZ,

Case 8:19-cv Document 1 Filed 03/25/19 Page 1 of 31 PageID 1

8/26/2016 A STORY OF RELIGIOUS LIBERTY 1987: THE AMOS CASE BACKGROUND: 1987 RELIGIOUS LIBERTY/LEGAL UPDATE: THREE STORIES ON RELIGION AND SEX

2:18-cv DCN Date Filed 11/20/18 Entry Number 24 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

Case 1:18-cv PLM-RSK ECF No. 27 filed 06/05/18 PageID.538 Page 1 of 15

Case 6:15-cv JA-DCI Document 97 Filed 04/18/17 Page 1 of 1 PageID 4760

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

EXERCISING OUR CHRISTIAN BELIEFS THROUGH POLICIES AND PRACTICES: CAN WE STILL DO THAT?

Christian Legal Society

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Plaintiff, : : v. : No. 3:16-cv-1267 (SRU) : DEPARTMENT OF : CORRECTION, et al., : Defendants.

90 South Cascade Avenue, Suite 1500, Colorado Springs, Colorado Telephone: Fax:

Religious Freedom & The Roberts Court

In the United States Court of Appeals for the Ninth Circuit

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 1:12-cv RJS Document 8 Filed 01/29/13 Page 1 of 8

Case 2:11-cv GP Document 12 Filed 09/29/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

WHAT DOES THE MARRIAGE EQUALITY DECISION OF THE SUPREME COURT MEAN FOR YOUR ORGANIZATION?

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA No.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Supreme Court of the United States

Case: Document: Page: 1 04/03/ August Term, (Argued: November 19, 2012 Decided: April 3, 2014)

[ORAL ARGUMENT NOT SCHEDULED] No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

United States Court of Appeals

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 11, 2009 Session

June 13, RE: Unconstitutional Censorship of Moriah Bridges. Dr. Rowe and School Board:

EMPLOYEE RELIGIOUS EXPRESSION AT WORK

Case 8:16-cv CEH-AAS Document 8 Filed 09/30/16 Page 1 of 25 PageID 210

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Florida Constitution Revision Commission The Capitol 400 S. Monroe Street Tallahassee, FL Re: Vote No on Proposals Amending Art.

In the Supreme Court of the United States

Case 1:11-cv RMC-TBG-BAH Document 42 Filed 09/15/11 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Counseling and Representing Churches and Other Religious Organizations

Finding (or Losing) One s Religion at Work: What Should Our Clients Do (or Not Do)?

United States Court of Appeals

MEMORANDUM. First Amendment rights of students to promote and participate in the Day of Dialogue

The Coalition Against Religious Discrimination

MEMORANDUM. First Amendment rights of students to promote and participate in Bring Your Bible to School Day

MOUNT SOLEDAD MEMORIAL

No SPARTANBURG COUNTY SCHOOL DISTRICT SEVEN, a South Carolina body politic and corporate

16 REPORTER'S TRANSCRIPT Hearing on Motion for Preliminary Injunction Proceedings before the HONORABLE JOHN L. KANE, JR.,

Navigating Religious Rights of Teachers and Students: Establishment, Accommodation, Neutrality, or Hostility?

MONDAY, MARCH 13, 2017 HEARING AND ORAL REASONS FOR JUDGMENT ON ( 1) MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF DEFENDANT

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. Plaintiff-Appellant, Appeal No v.

SPIRITUAL DECEPTION MATTERS LIBRARY LEGAL GUIDELINES. Protecting the Jewish Community from Hebrew-Christians*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA EASTERN DIVISION

Case: 1:11-cv DCN Doc #: 2 Filed: 11/03/11 1 of 12. PageID #: 13

Religion and Discrimination in Employment

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION ) ) ) ) ) ) ) ) ) )

Case 2:11-cv ROS Document 30 Filed 09/30/11 Page 1 of 18

December 20, RE: Unconstitutional ban on employee Christmas decorations deemed religious

MEMORANDUM. Teacher/Administrator Rights & Responsibilities

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE. ALICIA M. PEDREIRA, et al. v. CIVIL ACTION NO.

Case 1:06-cv REB-BNB Document 45 Filed 08/03/2006 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:04CV-338-H ELECTRONICALLY FILED

Instructions. 4. Assume that there are no procedural issues in the case or the decisions below.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA COMPLAINT. I. Preliminary Statement

2:13-cv RMG Date Filed 08/15/17 Entry Number 83-1 Page 1 of 12

Case 1:14-cv LAK-FM Document Filed 08/07/15 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. SYLVIA SPENCER, VICKI HULSE, and TED YOUNGBERG. Plaintiffs-Appellants,

December 24, Richard W. Stanek Hennepin County Sheriff 350 South 5 th Street, Room 6 Minneapolis, Minnesota Dear Sheriff Stanek:

COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT. No. SJC-12274

File: 895 Woleslagle Recent Decision REVISED Created on: 8/31/ :36:00 AM Last Printed: 9/10/2012 1:26:00 PM

Fact vs. Fiction. Setting the Record Straight on the BSA Adult Leadership Standards

Case , Document 83, 11/14/2016, , Page1 of 36. United States Court of Appeals. for the Second Circuit JOANNE FRATELLO,

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT MOUNT ZION MISSIONARY BAPTIST CHURCH **********

LEADING CASES I. CONSTITUTIONAL LAW

PETITIONER, RESPONDENTS.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. THOMAS C. and PAMELA McINTOSH

Case 2:11-cv Document 3 Filed 04/08/11 Page 1 of 3 PageID #: 27 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Corporation of Presiding Bishop v. Amos: The Supreme Court and Religious Discrimination by Religious Educational Institutions

First Amendment Rights -- Defining the Essential Terms

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Roanoke Division ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT.

IN THE United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO.

Supreme Court of the United States

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

Smith v United Church of Christ 2011 NY Slip Op 30205(U) January 19, 2011 Sup Ct, New York County Docket Number: /10 Judge: Milton A.

PRESS DEFINITION AND THE RELIGION ANALOGY

Freedom from Religion Foundation v. Weber: Big Mountain Jesus and the Constitution

Case 3:18-cv BRM-TJB Document 1 Filed 01/23/18 Page 1 of 10 PageID: 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Application for Faculty or Administrative Position

Grove Christian School Coaching Application

MATT COCHRAN and MINDY GANZE COURT USE ONLY

In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway

CITY OF UMATILLA AGENDA ITEM STAFF REPORT

6:13-cv GRA Date Filed 09/11/13 Entry Number 1 Page 1 of 25. UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Greenville Division

Affirmed by published opinion. Associate Justice O Connor wrote the opinion, in which Judge Motz and Judge Shedd joined.

No / In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Case: Document: 122 Page: 1 11/22/ CV IN THE. United States Court of Appeals FOR THE SECOND CIRCUIT

JULY 2004 LAW REVIEW RELIGIOUS MESSAGE EXCLUDED FROM CHRISTMAS DISPLAYS IN PARK. James C. Kozlowski, J.D., Ph.D James C.

Greece v. Galloway: Why We Should Care About Legislative Prayer

United Nations Human Rights Council Universal Periodic Review. Ireland. Submission of The Becket Fund for Religious Liberty.

Transcription:

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION Fort Des Moines Church of Christ, Plaintiff, v. Angela Jackson, et. al, Defendants. Case No. 4:16-cv-00403-SMR-CFB PLAINTIFF S REPLY IN SUPPORT OF ITS MOTION FOR A PRELIMINARY INJUNCTION Oral Argument Requested INTRODUCTION Plaintiff Fort Des Moines Church of Christ (Church has satisfied the standard for a preliminary injunction. The State Defendants completely ignore the Church s arguments that the church autonomy doctrine bars the State of Iowa from dictating how the Church must use its facility and communicate its beliefs about human sexuality. They also ignore the fact that the State s speech ban is content and viewpoint based. Instead, the Defendants double-down on the Commission s position that the Church is a public accommodation and that the Act authorizes it to dictate how the Church uses its facility and what public statements it may make concerning human sexuality. Defendants overreach is entirely predictable in light of Iowa s constitutionally flawed definition of public accommodation, which clearly encompasses churches. The Commission has twice tried to inform churches and then places of worship what activities will bring them under the Act. But in doing so, the Commission only highlights how the Act interferes into the internal affairs of houses of worship, and why a preliminary injunction is absolutely necessary to protect the Church from further chill of its constitutional rights. PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 1

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 2 of 7 ARGUMENT I. The Commission s Case-by-Case Application of the Exemption for Religious Institutions Subjects the Church to the Act and Unconstitutionally Encroaches on the Internal Affairs of the Church. Curiously, Defendants argue that the Church is unlikely to prevail on the merits because it is not a public accommodation, and yet the Commission has written 1 and rewritten 2 its brochure to explicitly address when churches and places of worship are public accommodations. See State Defendants Resistance to Plaintiff s Motion for Preliminary Injunction, pgs. 5-6, 8. The Church, like all houses of worship, invites nonmembers to its services and activities, and thus fits within the definition of a public accommodation: distinctly private place(s that offer services, facilities, or goods to nonmembers... gratuitously. 3 See Iowa Code 216.2(13(a (emphasis supplied. Thus, the broad definition of a public accommodation includes the Church, unless it imposes qualifications... related to a bona fide religious purpose. Id. 216.7(2(a. If the Act had simply exempted all bona fide religious institutions such as the Church and stopped at that, Defendants might have an argument. But it did not. The Act empowers the Commission, on a case-by-case basis, absent any objective standard, to determine when a church s services and activities have a bona fide religious purpose. One need look no further than the two versions of the Commission s brochure to demonstrate that it treats the Church and other houses of worship as public accommodations. The Commission initially defined a nonreligious purpose to include a child care facility operated at a church or a church service open to the public. (emphasis supplied. Only after this suit was filed did the Commission revise its directive. But 1 The Commission took down the original brochure, entitled A Public Accommodations Provider s Guide to Iowa Law, after this suit was filed. It is attached to the Declaration of Steven T. O Ban, as Ex. A, filed herewith. 2 The Commission s revised brochure can be found at https://icrc.iowa.gov/sites/default/files/publications/2016/2016.sogi.pa1.pdf (last viewed Aug. 4, 2016. 3 The Church rejects on First Amendment grounds that Iowa may regulate it as a public accommodation. It argues that for purposes of this lawsuit the definition of a public accommodation is so broad and vaguely written that it subjects the Church to the Act. PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 2

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 3 of 7 instead of enunciating an objective standard that clarified that churches are no longer subject to the Act, the Commission doubled-down on its intent to enforce the Act against churches. The revised brochure states in pertinent part: Places of worship are subject to the Act if they engage[] in non-religious activities which are open to the public 4 (emphasis supplied. In both versions of the brochure, the act of a church opening its building to the public is a strong indication it is a public accommodation. All of the Church s activities are open to the public. See Ver. Compl. 49. Thus, the only remaining determination is whether an activity is nonreligious. But without an objective test to guide (and restrain the Commission in its determination, the following may be nonreligious activities of the Church: inviting the hungry from the community and providing food and other essentials (as many secular food banks do; holding a movie night to meet and build relationships with its neighbors; and providing childcare for the children of member and nonmember mothers when they gather for fellowship. Id. Given the vagueness of the religious institution exemption and the Commission s undiminished resolve to apply the Act to the Church, Defendants cannot defeat the Church s preliminary injunction on the ground that many (but not all of the Church s activities may be exempt. Not only does the vague religious purpose test force the Church to guess which of its activities may subject it to the Act, the uncertainty chills the Church s free exercise of its faith: [I]t is a significant burden on a religious organization to require it, on pain of substantial liability, to predict which of its activities a secular court will consider religious. The line is hardly a bright one, and an organization might understandably be concerned that a judge would not understand its religious tenets and sense of mission. Fear of potential liability might affect the way an organization carried out its religious mission. Corp. of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327, 336 (1987. Relying on Amos, the Ninth Circuit in Spencer v. World Vision, 633 F.3d 723, 731-4 https://icrc.iowa.gov/sites/default/files/publications/2016/2016.sogi.pa1.pdf. PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 3

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 4 of 7 732 (2010 affirmed dismissal of plaintiffs employment discrimination claims, declining to examine whether the Christian humanitarian organization s activities and purposes were religious or secular: If we are ill-equipped to determine whether an activity or service is religious or secular in nature, how are we to know which side of the line an entity's purpose falls on? Id. The Church needs a preliminary injunction to end the uncertainty created by an exemption that empowers an ill-equipped Commission to determine whether its activities are nonreligious. II. Defendants Rely Entirely on Legal Authorities Applying Nondiscrimination Laws to Commercial and Secular Entities, Ignore the Church s Key Free Speech Claims, and Contend Iowa Has the Authority to Interfere in Internal Church Affairs. Defendants rely entirely on cases involving commercial or civic entities a bakery, photographer, landlord, business establishment providing health services, and a secular civic organization for the proposition that Iowa s nondiscrimination law applies to churches and does not violate the First Amendment. See Resistance, pgs. 7-11. Defendants also improperly rely on the standard in Employment Division v. Smith, 494 U.S. 872 (1990, which applies the deferential rational basis test when a law is neutral and generally applicable and incidentally burdens religion. Id. at pg. 9. But none of Defendants cases, including Smith, involved a church, and thus did not apply the church autonomy doctrine discussed at length in Plaintiff s Memo in Support of Motion for Preliminary Injunction, pgs.7-12, ( Memo in Support of MPI. The U.S Supreme Court, and every U.S. circuit court to address the church autonomy doctrine after Smith, does not follow Smith. Smith involved government regulation of only outward physical acts. The present case, in contrast, concerns government interference with an internal church decision that affects the faith and mission of the church itself. Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC., 132 S.Ct. 694, 707 (2012; see also Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648, 656-57 (10th Cir. 2002 (dismissal PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 4

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 5 of 7 of employment discrimination claim based on the church autonomy doctrine. 5 Importantly, Hosanna-Tabor, Bryce, and nearly every recent church autonomy case involved discrimination claims against a church and the courts ruled that the church autonomy doctrine barred those claims from going forward. See id. The unanimous Court in Hosanna-Tabor barred the employment discrimination claim of a private religious school teacher: Such action interferes with the internal governance of the church, how the church s beliefs will be personified, and the church s right to shape its own faith and mission. Hosanna-Tabor, 132 S.Ct. at 706. Not only do Defendants ignore the applicable free exercise case law, they completely ignore the Church s arguments that the speech ban (Iowa Code 216.7(1(b is content and viewpoint-based discrimination and, therefore, presumptively unconstitutional. See Reed v. Town of Gilbert, Ariz., 135 S.Ct. 2218, 2227 (2015; see Memo in Support of MPI, pgs. 13-15. The speech ban declares certain speech unlawful, such as comments regarding gender identity (content based, and statements one may view as unwelcome (viewpoint based. The speech ban fails strict scrutiny Defendants have no compelling interest in censoring the religious messages. A preliminary injunction is necessary to prevent the Church s free speech from further chill. CONCLUSION The Church is likely to succeed on the merits and suffer irreparable harm unless an injunction is issued. This Court should issue a preliminary injunction to protect the Church s rights secured under the First and Fourteenth Amendments of the U.S. Constitution. 5 The Supreme Court's decision in Employment Division v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990 does not undermine the principles of the church autonomy doctrine. In addition, the ministerial exception cases rely on a long line of Supreme Court cases affirming the church autonomy doctrine, which protects the fundamental right of churches to decide for themselves matters of church government, faith, and doctrine. Id. These cases' rationale extends beyond the specific ministerial exception to the church autonomy doctrine generally, and we therefore find that the church autonomy doctrine remains viable after Smith. PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 5

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 6 of 7 Respectfully submitted this 8th day of August, 2016. COUNSEL: /s/ Steven O Ban Steven O Ban* Erik Stanley* Jeremy Tedesco* ALLIANCE DEFENDING FREEDOM 15100 N 90 th St Scottsdale, AZ 85260 Tel.: 480-444-0020 Fax: 480-444-0028 soban@adflegal.org Christiana Holcomb* ALLIANCE DEFENDING FREEDOM 440 First Street NW, Suite 600 Washington, DC 20001 Tel.: 202-393-8690 Fax: 202-347-3622 cholcomb@adflegal.org Not licensed in DC Practice limited to federal court Timm Reid 300 Walnut St, Suite 5 Des Moines, IA 50309 Tel.: 800-217-9312 TReid@galliganlaw.com Attorneys for Plaintiff *Admitted pro hac vice PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 6

Case 4:16-cv-00403-SMR-CFB Document 27 Filed 08/08/16 Page 7 of 7 CERTIFICATE OF SERVICE I hereby certify that on, I electronically filed the foregoing paper with the Clerk of Court by using the CM/ECF system. All participants in the case are registered CM/ECF users and will be served by the CM/ECF system. Date: August 8, 2016 /s/ Steven O Ban Steven O Ban PLAINTIFF S REPLY IN SUPPORT OF MOTION FOR PREL. INJ. - 7