10th Circuit Says BYU Police Force Does Not Create Establishment Clause Problems

In Raiser v. Church of Jesus Christ of Latter Day Saints, (10th Cir., Jan. 10, 2007), the U.S. 10th Circuit Court of Appeals rejected a novel Establishment Clause claim. Aaron Raiser, an applicant to Brigham Young University's graduate school, sued claiming the University disclosed information about his prior psychiatric history. Part of his claim related to the University's sharing information about him with its police force. In particular, Raiser alleged that the "[state] statute . . . which allows [BYU] to maintain a state empowered police force . . . fosters an excessive governmental entanglement with religion," and that "[t]he state/church entanglement has injured Plaintiff." The court said that there was no religious component to the actions of the police force in dealing with Raiser, so that the district court was correct in holding that Raiser lacked standing to pursue an Establishment Clause claim.