Idaho City's Homeless Shelter Lease Violates Establishment Clause

Last month's decision in Community House, Inc. v. City of Boise, 2005 U.S. Dist. LEXIS 29438 (D. Idaho, Oct. 28, 2005) has just become available. The Idaho federal district court issued a preliminary injunction prohibiting the city of Boise from continuing it arrangement with the Boise Rescue Mission (BRM) to lease and operate a homeless shelter if the BRM is requiring homeless residents of the shelter to attend religious services, or is requiring an explanation why the person cannot attend. The court held that even requiring an explanation for non-attendance "can easily amount to a subtle, and even not-so-subtle, form of coercion", which raises serious Establishment Clause issues.