Author Topic: 9th Circuit Court: Church did not violate law in supporting marriage amendment  (Read 488 times)

MCWAY

  • Getbig V
  • *****
  • Posts: 19256
  • Getbig!
YOU ARE NOT HALLUCINATING! THIS IS NOT A TYPO!

EAST HELENA, Mont. (BP)--A Montana Southern Baptist church won a significant legal free speech victory Wednesday that could pave the way for other churches to take a stand on ballot initiatives during election years.

At issue was Canyon Ferry Road Baptist Church of East Helena and its urging of church members to support a proposed state constitutional marriage amendment in 2004. A Montana state commission ruled that the congregation had violated state campaign finance laws by backing the amendment without reporting itself as an "incidental political committee" and detailing its financial support, which was minimal.

But a three-judge panel of the Ninth Circuit Court of Appeals unanimously ruled Feb. 25 that the state commission had violated the congregation's First Amendment rights and had unconstitutionally applied the law to the church. The decision overturned a lower court decision that had sided with the state.

Montana's campaign finance laws are some of the most strict in the nation in governing what churches can and cannot do during election cycles. The ruling applies only to Montana and the eight other states in the Ninth Circuit but could be used by courts in other circuits when looking for guidance on the issue.


I had to clean off my glasses, when I saw this one.

http://www.bpnews.net/BPnews.asp?ID=29963



Dan-O

  • Getbig V
  • *****
  • Posts: 9729
Wow...  and coming from the 9th Circus Court of Schlemiels, no less.

Dos Equis

  • Moderator
  • Getbig V
  • *****
  • Posts: 63786
  • I am. The most interesting man in the world. (Not)
Very surprising.