Around the states

Church & State, Feb 2001

Appeals Court Rejects Lawsuit Challenging Christmas

The observance of Christmas as a federal holiday does not violate the separation of church and state, a federal appeals court has ruled.

In a brief order issued Dec. 19, the U.S. 6th Circuit Court of Appeals affirmed a lower court ruling dismissing the lawsuit against Christmas, which was brought by Cincinnati lawyer Richard Ganulin.

Ganulin, who is Jewish, told the Cincinnati Post he objects to the government celebrating a Christian holiday. "It's not that I'm against Christmas," he said. "I'm seeking the dignity of equality for non-Christians." Ganulin said he disagrees with the lower court, which held that although Christmas is a religious holiday, the government's reason for observing it can be secular.

The Cincinnati-based attorney said he plans to appeal the Ganulin v. U.S. case to the U.S. Supreme Court.

Rhode Island Bill On Preamble Draws Criticism

A Rhode Island state senator is pushing a law requiring public school students to recite the preamble to the state's constitution every day, a move critics say is a backdoor effort to return prayer to schools.

The preamble includes reference to "Almighty God" and asks for God's blessing on the state. The sponsor of the measure, Sen. Daniel Issa, a Democrat from Central Falls, says the daily recitation will help students understand the state's history, but critics are not so sure.

"It is hard to conceive what secular purpose is served by reading this particular portion of the Constitution," Steven Brown, executive director of the Rhode Island branch of the American Civil Liberties Union, told the Associated Press. "It's really just a sham."

Issa says no student would be required to recite the preamble under his bill, but opponents argue that youngsters who refused would risk singling themselves out for abuse or ridicule.

Churches Are Exempt From Calif. Preservation Law

Religious organizations are free from California's historic preservation law and may raze or modify houses of worship at will, the state Supreme Court has ruled.

The state high court ruled 4-3 Dec. 21 that a 1994 California law exempting houses of worship from local historic preservation ordinances is constitutional. The measure blocks counties and cities from enforcing such laws against houses of worship, freeing them to demolish or alter their structures as they see fit.

In passing the law, the state "simply stepped out of the way of the religious property owner," Justice Marvin Baxter wrote for the majority.

But dissenting Justice Stanley Mosk argued that the measure infringes on church-state separation by giving religious groups a powerful benefit that other organizations do not enjoy. Mosk asserted that the ruling would give religious leaders the right to knock down historic structures "for the purpose of erecting an office building simply for financial advantage."

State legislators passed the law to help Roman Catholic Church leaders in San Francisco and Los Angeles who wanted to close a number of old churches with dwindling congregations. Some parishioners grew angry over the proposed closings and threatened to sue under historic preservation laws to keep the churches open.

A state judge declared the law unconstitutional in 1996, but his ruling was overturned on appeal. The state supreme court ruling upholds that opinion. (East Bay Asian Development Corporation v. State of California)

Las Vegas Implements Plan To Regulate Ministers

Seeking to crack down on fraud and an influx of marriages performed by "ministers" who obtained their credentials over the World Wide Web, legislators in Las Vegas have implemented new rules for clergy who wish to perform marriage ceremonies.

As of Jan. 1, ministers performing marriages must undergo criminal background checks and must have a congregation that meets weekly and has at least 20 members. Retired ministers are exempt, the Associated Press reported.

Las Vegas and surrounding Clark County are known for a proliferation of wedding chapels that are open around the clock. The county issued more than 114,000 marriage licenses in 1999, and officials argued that tighter rules were necessary.

"We needed a standard, we need something to go by," said Clark County Clerk Shirley Parraguirre, who distributes marriage licenses.

The Nevada branch of the American Civil Liberties Union protested the plan, saying the government has no business licensing the clergy. The ACLU pointed out that under the Clark County plan, Jesus Christ, Martin Luther King Jr. and Ghandi would not have been able to perform marriages.

Salt Lake City Main Street Belongs To Church, Court Rules

The Church of Jesus Christ of Latter-day Saints has the right to curb certain forms of speech inside a Main Street Plaza that it now owns, a federal court has ruled.

U.S. District Judge Ted Stewart on Jan. 2 dismissed a lawsuit brought by the American Civil Liberties Union of Utah, which had argued that the plaza was a public forum because a walkway that runs through it is equivalent to a public sidewalk.