Does a ban on sex offenders attending church violate the Religious Freedom Restoration Act
An Indiana Court of Appeals on Thursday heard the case of John Doe, et al. v. The Boone County Prosecutor, et al., 06A01-1612-PL-02741, which the ACLU of Indiana brought on behalf of three John Doe registered sex offenders who under Indiana Code 35-42-4-14, prohibits them from entering school property or enter a building that provides programming for children under three years of age, including churches!
The Does, who each regularly attended church, ceased attending and instead brought suit seeking declaratory and injunctive relief.The Plaintiffs claim the law violates the Religious Freedom Restoration Act (RFRA).
A decision on the case is pending. In the mean time, you can watch oral argument here: https://mycourts.in.gov/arguments/default.aspx?&id=2128&view=detail&yr=&when=&page=1&court=app&search=&direction=%20ASC&future=False&sort=&judge=&county=&admin=False&pageSize=20
Here’s the case summary:
Plaintiffs John Doe 1, John Doe 2, and John Doe 3 reside in Boone County and are classified as “serious sex offenders” pursuant to a state statute enacted on July 1, 2015. Prior to July 1, 2015, each plaintiff regularly attended a church that offered some form of programming for children. However, a serious sex offender is prohibited from entering school property, which is defined to include a nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three years old and not yet enrolled in kindergarten. In July 2015, each plaintiff received a letter from the Boone County Sheriff’s Office informing them that they cannot enter a church facility if the facility has organized programs for pre-school children, including Sunday School. The Boone County Prosecutor’s Office was aware of the letter and agrees with the Sheriff’s assessment. The plaintiffs stopped attending their churches after receiving this letter.
Desiring to return to church, the plaintiffs filed a complaint for declaratory and injunctive relief alleging the statute defining school property, and the defendants’ interpretation of it, violates Indiana’s Religious Freedom Restoration Act (“RFRA”) by placing a substantial burden on the plaintiffs’ exercise of religion. Following a hearing, the trial court found the churches are only “school property” at times when children’s programming is actively occurring. The trial court further found this interpretation of the statute does not substantially burden the plaintiffs’ exercise of religion and therefore does not violate RFRA. The plaintiffs now appeal the trial court’s judgment denying them all relief but for a declaration that they can attend church when children’s programming is not being conducted. The plaintiffs argue: 1) the trial court erred in finding the churches are “school property” at any time; and 2) if the churches are “school property,” the statute and the defendants’ efforts to enforce the statute violate RFRA. The defendants cross-appeal, arguing the trial court erred in finding the churches are not school property at all times.
How did so many people who are uneducated on the subject get into a position of authority? Who would want to go to a church where all age groups are welcome…including children?
“are not welcome” is what I meant to say.
This won’t fly. No way can you restrict religious liberty for the sake of perceived safety. This is a punishment which means only if the offender committed crimes at a church would that constitute just cause for additional punishment.
forget the laws there are 2 large church’s here in Florida that ban rso’s if they know your one
christ fellowship and the crossing
So everyone is saying,” that your not even a part of God if you don’t already allow Any one to worship God .maybe you need God more then the people you can’t go …aleast some of them are actually seeking Go,because there money hungry .high class’s gold digging people..so religion is a freedom and last time I checked this is Americans land not just yours ..
It’s only obivous that America is being coming more judgemental then God em self ..ask your selfs for forgiveness .Did God say love your self as you love your neighbor.so appearantlly you guys don’t love God ….
I knew of some people in the church where I attended to be sexual predators. I withheld the information from church leadership because someone shared a confidence with me.
The Bible states the following.
13 A gossip betrays a confidence,
but a trustworthy person keeps a secret.
Proverbs 11:13 (NIV)
I told the pastor that I knew after the damage was done. What I knew about was that a man was being predatorial by sleeping around with three Christian women from church. That may not be a violation of the law. But it’s an unacceptable practice for those who identify as Christian. The Bible states the following.
4 Marriage should be honored by all, and the marriage bed kept pure, for God will judge the adulterer and all the sexually immoral.
Hebrews 13:4 (NIV)
The pastor made me promise to make him aware of sexual things that leadership is unaware of. I promised that I would do exactly that.
A brother in Christ told me that he was going to pick up a known registered sex offender and bring him to the church where I attend. So I informed security that a known registered sex offender would be arriving at church shortly. I said something to security in keeping with the promise I made with the senior pastor. If I was aware of something that the leadership of the church was not aware of, I would make them aware of it.
The only person who can help and heal this man and forgive thisthis man is Jesus Christ. Will this man be prevented from entering the church! Jesus is the head of the church.
There are three things that need to be examined carefully.
Would the church be in violation of state laws if they allowed the sex offender to attend church?
If the church knew that someone was a registered sex offender and if the offender re-offends on church grounds. Would the church be open to criminal charges and/or a lawsuit?
Is the offenders need for Jesus Christ and restoration more important that numbers 1 & 2?
I would hope that the same restrictions would be placed on all armed home invaders, armed car jackers, armed robbers, murderers, embezzlers, fornicators, drug dealers, etc. What I am saying is that why would restrictions be placed on a sex offender when they have the lowest recidivism rate of all offenders. It’s the hypocrisy of many churches that is turning many away from the church. All…I say again, all…have sinned and if the theory of keeping one group away from the church for their sin is in effect, then all should be turned away. Since all are capable of sin then all should be held accountable for what they might do. Sounds stupid? Well for a church to operate that way is stupid.
Our church just had a business meeting yesterday. 1st one since I’ve been attending this very small church since Easter. They agreed on a no sex offender attendance policy, stating risk for the children and to protect the offender from possible further charges that may occur in that environment. They also sited not enough staff to follow this person around continually despite the fact that there are not many unsupervised children by their s/o’s and those under 18 are in a special supervised class. I knew a man who was a SO & really wanted to attend church. I see things as above where we don’t cut off church for other sins. Should those reformed & out of prison not attend? We can protect children w/o judging this sin! God doesn’t discriminate!
Based on the rules that this church has set up, I wouldn’t want to go there anyway. Let the violent offenders have free reign there. This church is obviously too judgmental and operating outside the bounds of the Bible and common sense. There are plenty other churches that will welcome SO’s as well as any others who may have a flawed background…most of us. I go to such a church. I even served as a trustee for 8 years in such a welcoming church. Shake the dust off of your shoes and move on to a church where God’s spirit can bring peace.