Wednesday, April 25, 2007

Postal Unit Violates Establishment Clause By Displaying Religious Material

In Cooper v. United States Postal Service, (D CT, April 18, 2007), a Connecticut federal district court held that a contract postal unit (CPU)-- a private business that has contracted with the U.S. Postal Service to provide postal services to the public-- violates the Establishment Clause when it posts religious displays that proselytize or advance religion. Some 5,200 CPUs operate nationwide in locations such as and colleges, grocery stores, and pharmacies. Several are operated by groups with religious affiliations. The court held that the CPU contract with Sincerely Yours, Inc.-- a non-profit set up by Full Gospel Interdenominational Church-- does not violate the Establishment Clause. However SYI's religious displays in its CPU in Manchester, New Hampshire do. In addition to discussing the Establishment Clause, the court's decision contains an extensive discussion of the "state action" doctrine, concluding that the "SYI CPU is so entwined with the Postal Service that its conduct may be deemed state action." A report in yesterday's Boston Globe discusses the court's decision.