10th Circuit Upholds Police Officer's Religious Freedom Claim

In Shrum v. City of Coweta, (10th Cir., June 8, 2006), the U.S. 10th Circuit Court of Appeals said summary judgment should not be granted to an Oklahoma town, its police chief and its city manager, in a suit by a former police officer alleging infringement of his free exercise of religion, as well as of various other constitutional rights. Officer Rex Shrum, who also served a pastor of the Coweta Church of Christ, was promised when he joined the police force that he would have Wednesday evenings and Sundays off so he could continue his ministerial duties. However, he was later required to begin to work on Sundays. The court held that while the mere failure to accommodate Shrum’s religious needs in the face of a neutral employment requirement does not amount to a First Amendment violation, here Shrum is alleging something more. He claims that he was moved to the Sunday day shift precisely because the Police Chief knew that this would conflict with his religious commitment. The court held that if Shrum’s religious commitment was the motivating factor in forcing the employment change, it would constitute a First Amendment violation.