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.
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.