Obscene Gesture Directed At Pastor Cannot Support Disorderly Conduct Conviction

In Freeman v. State, (GA Sup. Ct., Oct. 2, 2017), the Georgia Supreme Court held that a congregant could not constitutionally be convicted of disorderly conduct for standing up in the back of the church, raising his middle finger in the air and staring angrily at the pastor.  Even though the pastor testified that he felt afraid for his safety at the time, the state Supreme Court held that defendant's raised middle finger constituted constitutionally protected expression.  It said in part:

Because there was no showing here that Freeman’s act of silently raising his middle finger from the back of the church during the church service constituted “fighting words” or a “true threat” that would amount to a tumultuous act, his conviction for disorderly conduct under OCGA § 16-11-39 (a) (1) cannot stand.

Atlanta Journal Constitution reported on the decision.  [Thanks to TaxProf blog via Steven H. Sholk for the lead.] 

Georgia Supreme Court Dismisses On Standing Grounds Challenge To Tax Credit Scholarship Program

In Gaddy v. Georgia Department of Revenue, (GA Sup. Ct., June 26, 2017), the Georgia Supreme Court held that plaintiffs in the case lack standing as taxpayers or otherwise to challenge the constitutionality of Georgia's education tax credit program.  Under the program, taxpayers receive a dollar-for-dollar tax credit (up to specified limits) for contributions to student scholarship organizations set up to provide scholarships to students in private schools, both secular and religious.  The suit contended that the program violates the ban in the Georgia Constitution on providing public funds to aid any church, religious denomination or sectarian institution. The suit also alleged violations of other state constitutional and statutory provisions. Atlanta Journal Constitution reports on the decision.

Assistant Principal Sues Over Christian Parents' Objections To Yoga

Atlanta Journal Constitution yesterday reported on a lawsuit filed in federal district court in Georgia by Bonnie Cole, an assistant principal in the Cobb County schools, who says she was forced out of the school in which she originally served after Christian parents objected to her introduction of yoga as a method of calming disruptive students. The paper recounts:

Cole, who says she is a Christian, says school leaders and ultimately the school board buckled under pressure from parents who held a prayer rally at Bullard “for Jesus to rid the school of Buddhism.” The next day, two women put their hands on Cole’s office window and prayed.

“Not only was the capitulation and transfer a humiliating and public demonstration of the district’s lack of support of Ms. Cole, it made clear to the community that religious activities will be allowed as long as they are part of the “accepted” religion of Christianity,” her lawsuit says.

Fired Doctor Settles Suit Against Georgia Health Department [Corrected]

In a press release yesterday, First Liberty announced that a settlement has been reached in Walsh v. Georgia Department of Public Health.  In the case, a doctor and public health expert who was dismissed from his position with the Georgia Department of Public Health within two weeks of his hiring claimed that he was terminated because of the content of sermons he had given as a Seventh Day Adventist lay minister. (See prior posting). The settlement agreement (full text) provides for the payment of $225,000 to plaintiff's lawyers.  I am informed by plaintiff's lawyers that the checks were deposited in an attorney trust account to be disbursed from there to the client, and that the majority of the settlement amount went to the client.  [An earlier version of this posting incorrectly concluded that the payment was entirely for attorneys' fees.] Atlanta Journal Constitution reports on developments.

Suit Challenges College's Speech Zones and Speech Code

A student at Georgia Gwinnett College has filed suit in federal district court challenging the school's Speech Zone and Speech Code Policies. The 76-page complaint (full text) in Uzuegbunam v. Preczewski, (ND GA, filed 12/19/2016), says that plaintiff was stopped from distributing religious literature on campus when he was outside two small designated speech zones, and that when he tried to share his religious views in one of the designated speech zones he was told that his speech constituted disorderly conduct because it had generated complaints. Plaintiff asks for a declaratory judgment and injunction finding that the speech policies violate his free speech, free exercise, equal protection and due process rights. The Daily Signal reports on the lawsuit.

Georgia Drops Demands For Copies of Sermons In Discrimination Case

As previously reported, last month the Georgia Department of Public Health created significant controversy when, as part of its discovery requests in a religious discrimination lawsuit filed against it by a Seventh Day Adventist lay minister, it asked its former employee to furnish notes or transcripts of his sermons. Christian Post reported this week that Georgia has now dropped that demand, but is still asking for his ministerial credentials; proof he has served with the Seventh Day Adventist church; his contracts with the Church; and details any compensation for his sermons.

Discovery Demand For Pastor's Sermons Generates Controversy

As previously reported, last April Eric Walsh, a doctor and public health expert, filed a religious discrimination suit against the Georgia Department of Public Health alleging that his termination shortly after he was hired was based on the content of sermons he had given as a Seventh Day Adventist lay minister. Now the Georgia Department of Public Health's discovery requests (full text) in the case have generated a new religious freedom controversy. Among the 22 categories of documents that plaintiff was requested to produce was:

Please produce a copy of your sermon notes and/or transcripts.

According to a First Liberty press release yesterday, Walsh will not turn over his sermons unless he is forced to do so, saying that no government has the right to require a pastor to turn over his sermons. Other advocacy groups have reacted in even stronger terms.  For example, Concerned Women for America captioned its press release "Georgia 'Gestapo' Combing Through Pastor's Sermons."

Memorial Day Display Triggers Controversy

A Memorial Day display intended to honor the 79 residents of Paulding County, Georgia who died in U.S. wars has become a center of controversy. At issue are 79 white, handmade crosses placed on public land along a state highway. As reported yesterday by Fox News:

[T]he crosses were abruptly taken down last Friday after someone called Hiram City Hall questioning whether the soldiers were all Christian.

The move sparked public outcry -- particularly on social media -- and, after a city council meeting Tuesday night, the crosses were put back in place Wednesday morning.

"It was never about religion -- it was just to honor them," [said] Hiram Mayor Teresa Philyaw...

Lay Minister Sues Georgia Health Department For Employment Discrimination

As reported by The Blaze, a doctor and public health expert who was dismissed from his position with the Georgia Department of Public Health within two weeks of his hiring has filed a religious discrimination suit in federal district court in Georgia.  The complaint (full text) in Walsh v. Georgia Department of Public Health, (ND GA, filed 4/20/2016), contends that Eric Walsh's position was terminated because of the content of sermons he had given as a Seventh Day Adventist lay minister. In the sermons, he criticized Catholicism, called homosexuality sinful and characterized evolution as a religion created by Satan. The suit seeks damages, reinstatement and injunctive relief for violations of Title VII of the 1964 Civil Rights Act and the 1st and 14th Amendments. A statement from a spokesperson for the Georgia Department of Public Health said that the withdrawal of a conditional offer to Walsh had nothing to do with his religious views, but instead was triggered by a finding that Walsh failed to disclose outside employment to his prior public health agency employer in California.

Provocative Anti-Muslim Rally Planned For Atlanta

According to yesterday's Atlanta Journal Constitution,  after the Georgia Building Authority rejected a request for a permit to hold a "United against Islam and Islamic immigration refugee rally" at Liberty Plaza across from the state capitol, authorities now expect a non-permitted, anti-Islamic protest on the sidewalks of the Georgia State Capitol on April 18.  The protest's organizer James Stachowiak, founder and editor of Freedom Fighter Radio, said that speakers at the rally will focus on the threat from Islamic immigration and refugees. He added:

We also plan to shred images of Obama, Loretta Lynch, Hillary Clinton and Muhammad along with the shredding of the Koran. This will be an open carry event with the use of long arms as Georgia law allows.

CAIR-Georgia reacted with a press release stating in part:

We encourage these protesters to put down their guns, cancel their unsanctioned rally, and meet with representatives of our state’s Muslim community for an open and frank discussion of their concerns.

Georgia Governor Will Veto Religious Liberty Bill

Georgia Governor Nathan Deal announced this morning that he will veto HB 757, the expansive Free Exercise Protection Act passed earlier this month by the state legislature. (See prior posting.)  As reported by CNN, the Republican governor has been under pressure from major business, technology and entertainment companies to veto the bill which was seen as condoning discrimination against members of the LGBT community.  In his veto message (full text), Gov. Deal said in part:

If indeed our religious liberty is conferred by God and not by man-made government, we should need the “hands off” admonition of the First Amendment to our Constitution. When legislative bodies attempt to do otherwise, the inclusions and omissions in their statues can lead to discrimination, even though it may be unintentional. That is too great a risk to take.

Some of those in the religious community who support this bill have resorted to insults that question my moral convictions and my character. Some within the business community who oppose this bill have resorted to threats of withdrawing jobs from our state. I do not respond well to insults or threats. The people of Georgia deserve a leader who will made sound judgments based on solid reasons that are not inflamed by emotion....

As I've said before, I do not think we have to discriminate against anyone to protect the faith based community in Georgia of which my family and I are a part of for all of our lives.

Georgia Legislature Passes Wide-Ranging Religious Freedom Bill

As reported by CNN, the Georgia General Assembly yesterday passed HB 757 (full text), the Free Exercise Protection Act. It contains wide-ranging religious freedom protections:

1. The bill protects clergy from any civil suit or tax penalty for performing or refusing to perform any marriage or other religious rite. It also provides that any individual is free to attend or not attend any marriage ceremony or other religious rite.
   
   
2. The bill prohibits local governments from requiring any business to operate on Saturday or Sunday.
   
   
3. The bill provides that churches and religiously affiliated organizations are not required to rent space to another person for an event that is objectionable to the religious organization. Also such organizations are not required to provide social, educational or charitable services that violate the organization's sincerely held religious beliefs.
   
   
4. The bill provides that no faith-based organization is required to hire or retain as an employee any person whose religious beliefs or practices (or lack of either) are not in accord with the organization's sincerely held religious belief.
   
   
5. The bill enacts RFRA language. The government may not substantially burden a person's religious exercise, except in furtherance of a compelling governmental interest that is furthered by the least restrictive means.  This provision, however is limited by several exceptions, including a provision that the RFRA language shall not be construed to "permit invidious discrimination on any grounds prohibited by federal or state law." It should be noted that discrimination on the basis of sexual orientation or gender identity are not prohibited by Georgia law, or by federal law as traditionally interpreted.
   
   
6. The bill waives sovereign immunity for suits seeking injunctive or declaratory relief or reasonable attorney's fees in various suits against the state under the statute.

Gov. Nathan Deal has said that he will veto any bill that allows discrimination in order to protect people of faith. (See prior posting.)  It is unclear whether the non-discrimination language included in HB 757 is sufficient to overcome the governor's objections.

Supreme Court: Alabama Must Recognize Georgia's Order Granting Same-Sex Spouse Adoption Rights [CORRECTED]

The U.S. Supreme Court today in a summary per curiam opinion reversed the Alabama Supreme Court's refusal to recognize a Georgia court's approval of the adoption of one woman's children by her lesbian partner.  In V.L. v. E.L., (Sup. Ct., March 7 2016), the Supreme Court held that the Constitution's full faith and credit clause requires Alabama courts to recognize the Georgia adoption order.  The Alabama Supreme Court had wrongly concluded that Georgia courts lacked jurisdiction to enter the order.  The issue arose in the context of the adoptive mother seeking visitation rights after the couple separated. New York Times reports on the decision. [Note correction-- an earlier version of this posting incorrectly referred to Louisiana instead of Alabama.]

Georgia's Republican Governor Opposes "Religious Freedom" Bill on Biblical Grounds

As a number of state legislatures consider enacting religious freedom bills to protect opponents of same-sex marriage, one of the most contentious of the bills has been Georgia's HB 757 which among other things would bar government from taking any adverse action against any person or faith-based organization based wholly or in part on the person or organization believing, speaking or acting in accordance with their belief that marriage should be between a man and a woman and sexual relations should be reserved to such a union.  The Atlanta Journal Constitution reported yesterday that Georgia's Republican Governor Nathan Deal took a surprisingly strong stand against the legislation:

Amid a growing outcry from powerful corporations over Georgia’s “religious liberty” proposal, Gov. Nathan Deal issued his strongest warning yet to lawmakers who are debating controversial legislation seen as a conservative answer to the Supreme Court’s same-sex marriage ruling.

In stark terms, the Republican said he would reject any measure that “allows discrimination in our state in order to protect people of faith,” and urged religious conservatives not to feel threatened by the ruling....

Standing in the lobby of a government building after a ribbon-cutting ceremony, he laid out a lengthy condemnation of the measure from a biblical perspective, first noting that he is a Southern Baptist who took religion courses at Mercer University.

“What the New Testament teaches us is that Jesus reached out to those who were considered the outcasts, the ones that did not conform to the religious societies’ view of the world … We do not have a belief in my way of looking at religion that says we have to discriminate against anybody. If you were to apply those standards to the teaching of Jesus, I don’t think they fit.”

Fired Atlanta Fire Chief Can Move Ahead With Retaliation and Religious Freedom Claims

In Cochran v. City of Atlanta, (ND GA, Dec. 16, 2015), a Georgia federal district court allowed the city of Atlanta's former fire chief, Kelvin Cochran-- who was also a deacon at his Baptist church-- to move ahead on many of his claims growing out of his termination after he self-published book which included statements that God intended marriage to exist exclusively between a man and a woman, and that homosexual conduct is immoral.  The court allowed Cochran to move ahead against the City of Atlanta on claims for retaliation, viewpoint discrimination, and freedom of expressive association. He was also permitted to move ahead against the city on his overbreadth and prior restraint challenge to a city ordinance requiring approval of the city's Board of Ethics before department heads may provide private services for remuneration. The court found that Mayor Kasim Reed, who was also a defendant, had qualified immunity as to these claims.  The court went on to permit plaintiff to proceed against the city and the Mayor on claims of denial of procedural due process, violation of his 1st Amendment free exercise and expressive association rights and of the Article VI ban on religious tests for office. The court dismissed Cochran's Establishment Clause claim, with leave to amend.  The court also dismissed his equal protection claims and his claims of vagueness and reputational injury.

Alliance Defending Freedom issued a press release announcing the decision. Washington Times reports on the decision.

School Prayer Lawsuit Settled

The Freedom From Religion Foundation announced Monday the settlement of its lawsuit against the Emanuel County, Georgia school system. (See prior posting.)  The suit challenged prayer in kindergarten and first grade classrooms and the mistreatment of students who objected. FFRF says it is dismissing its suit after the county implemented teacher training on the obligation not to promote religious beliefs in the classroom and paid damages to the complaining family.

Judge Preventing Church Leader From Obtaining Unusual Name Change

According to the Rome News-Tribune, in Rome, Georgia an 81-year old resident whose current name apparently is "Serpentfoot" is petitioning a Floyd County (GA) court to change her name to:

Nofoot Allfoot-69-mouth-tail-solids-liquids-gases-animal-vegetable-mineral-going-over-under-around-and-through-Our-Greater-Self-our-habitat-the-cosmos-of-which-we-are-but-part-and-where-all-life-feeds-upon-other-life-from-the-smallest-bacteria-to-the-great-black-holes-and-dog-eat-dog-and-last-suppers-where-we-are-what-we-eat-or-consume-and-each-lives-on-in-the-other … ∞ Serpentfoot.

Serpentfoot who is the leader of her own church, "Our Greater Self Co-op," says that the name change will further her ministry. The court however apparently turned down the request in on Aug. 6 when Serpentfoot was a few minutes late for her 8:30 am hearing. She has now filed a petition asking the judge to reconsider his ruling or else recuse himself.  This is the latest in a series of requests by Serpentfoot to change her name.  Her last request was denied in May by the court when she could not remember her proposed name.

Georgia Company Refuses To Print Wedding Invitations For Same-Sex Couple

In the latest clash between business owners and same-sex couples, WXIA News reported yesterday that a suburban Atlanta printing business has refused to print wedding invitations for a same-sex couple. The owner of a Suwanee, Georgia Alpha Graphics franchise refused on religious grounds to print the invitations that Paige Beth says she wanted designed to look like a train ticket. The Alpha Graphics home office issued a statement apologizing, and emphasizing that the company does not condone discrimination on the basis of race, religion, nationality, ethnicity or sexual orientation.  Georgia's is one of 5 states that has no public accommodation law (except for disabled persons).

Fired Atlanta Fire Chief Sues Mayor and City

Today former Atlanta Fire Chief Kevin Cochran filed a federal court lawsuit against Atlanta Mayor Kasim Reed and the City of Atlanta  claiming that Reed's firing of Cochran last month violated Cochran's 1st and 14th Amendment rights. (See prior related posting.)  The 54-page complaint (full text) in Cochran v. City of Atlanta, Georgia, (ND GA, filed 2/18/2015) contends that

[Reed] terminated Cochran for holding historical Christian beliefs about marriage and sexuality and making those views known in a self-published, non-work-related, religious book.

As reported by the Atlanta Journal-Constitution, Cochran's book, titled Who Told You That You Were Naked?: Overcoming the Stronghold of Condemnation, includes passages that describe homosexuality as a "sexual perversion" akin to bestiality. Cochran gave copies of his book to a number of city officials and employees. The suit seeks reinstatement, damages and an end to city policy that requires pre-clearance before employees publish a work.  ADF issued a press release announcing the filing of the lawsuit.

Georgia School Sued Over Classroom Prayers

As reported by the Atlanta Journal Constitution, on Monday the Freedom From Religion Foundation and a non-religious family filed suit against the Emanuel County, Georgia school system challenging a school's use of prayers in kindergarten and first grade classrooms.  The complaint (full text) in Freedom From Religion Foundation, Inc. v. Emanuel County School System, (SD GA, filed 2/9/2015), alleges that when parents complained about teachers' leading the classes in prayer, the teachers' response was to require objecting students to sit in the hallway while other students prayed.  The teachers also made comments in front of the class embarrassing to the objecting students, pressuring the first grader to pray with the rest of the class until her parents learned of the situation.  The suit seeks an injunction and damages for the school's violation of the Establishment Clause.