Posted on 10/21/2016 4:37:04 PM PDT by marshmallow
Des Moines, Iowa, Oct 17, 2016 / 04:13 pm (CNA/EWTN News).- A church’s lawsuit may go forward because it reasonably feared that Iowa’s strict anti-discrimination law would create legal penalties for its preaching and for having single-sex bathrooms and showers, an Iowa court has ruled.
“The government acts outside of its authority when it attempts to control churches,” said Steve O’Ban, senior counsel with Alliance Defending Freedom. “Neither the commission nor any state law has the constitutional authority to dictate how any church uses its facility or what public statements a church can make concerning sexuality.”
O’Ban represented Fort Des Moines Church of Christ in U.S. district court. The church is suing based on fears the state’s anti-discrimination policy on gender identity and sexual orientation would make it legally liable for preaching and following its views on homosexuality and transgender issues – including having single-sex bathrooms.
Judge Stephanie Rose of the U.S. District Court for the Southern District of Iowa rejected state officials’ request to dismiss the church’s lawsuit Oct. 14. She agreed with the church that the law had a chilling effect on its speech.
Although the court denied the church’s request for a preliminary injunction against enforcement of the law, it allowed the lawsuit to proceed because the church’s fear of prosecution was “objectively reasonable.”
The church’s policy is likely permitted under the law because the policy is “plainly drafted to serve a religious purpose,” the ruling said. At the same time, the court said state and city officials’ statements that the law doesn’t apply to the church have little weight because they do not prevent officials from enforcing the law.
Christiana Holcomb, legal counsel at Alliance Defending Freedom, said the lawsuit was necessary.
“Churches should be free to talk about their religious beliefs and operate their houses.....
(Excerpt) Read more at catholicnewsagency.com ...
The Gaystapo will not like this one bit.
The judge is an Obama appointee
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