Two Court Reporters Denied Right to Hold a Bible Study Meeting During Lunch Hour

ACLJ Joins Lawsuit to Protect Constitutional Rights of Individuals in the Workplace

Last week, two court reporters in California were barred from holding a Bible study during their lunch hour in unoccupied facilities of the Superior Court of San Diego.  In an effort to defend their constitutional rights in the workplace, we joined a California federal lawsuit on behalf of the court reporters.
 
Since 2000, Mindy Barlow and Dalia Smith have been members of a group of courthouse employees who studied the Bible in an empty jury or courtroom during lunch.  In April 2006, courthouse officials told Barlow and Smith they could no longer use a jury room for their meeting.  Courthouse officials claimed that using courthouse facilities to study the Bible raised concerns under the separation of church and state.
 
At the same time, the court created a policy that required anyone wishing to use court facilities to apply in writing for permission.  When members of the Bible study group submitted their written request, it was denied.  In this case, the constitution is clear: once the government permits some groups access to its facilities, it cannot deny access to other groups based on their religious beliefs.  Not allowing this Bible study to meet, when the policy allows other groups to meet, is pure religious discrimination.
 
Regarding the issue of whether allowing the Bible study to meet on courthouse property violates the Establishment Clause of the First Amendment, this argument is without merit.  No reasonable person would think that allowing employees to study the Bible during their free time in an unused room means that the Superior Court of San Diego is officially endorsing a particular religious belief.  Far from complying with the First Amendment, the courts actions here violate it.
 
The complaint filed by the court reporters asks the federal court to rule that the actions and policy of the courthouse officials are unconstitutional.  It further asks for an order requiring courthouse officials to allow the Bible study group to hold their meetings once again.  It is ironic that we must petition one court to ask another court to follow the law.

We are serving as co-counsel with Advocates for Faith and Freedom, a non-profit religious civil liberties firm based in Murrieta, California.