老澳门开奖结果

DENVER 鈥� The 老澳门开奖结果, Americans United for Separation of Church and State, and DLA Piper LLP (U.S.) are celebrating today鈥檚 decision by the U.S. Court of Appeals for the Tenth Circuit, which makes clear that the First Amendment prohibits government officials and those who assume governmental duties from punishing people on parole, on probation, and in prison for refusing to take part in religious worship and activities.

The case, Janny v. Gamez, involves Mark Janny of Colorado, a person on parole whose First Amendment religious freedom rights were violated when he was sent back to jail after he refused to take part in worship services, Bible studies, and religious counseling mandated by his parole officer. A federal district court had ruled against Janny, dismissing his case. But the Tenth Circuit recognized that every person has 鈥渢he basic right to be free from state-sponsored religious coercion鈥� in today鈥檚 ruling, which reversed the district court鈥檚 decision and determined that Janny may take his case to trial.

The 老澳门开奖结果 and Americans United issued the following statements in response to today鈥檚 decision:

Daniel Mach, director of the 老澳门开奖结果 Program on Freedom of Religion and Belief: 鈥淭he government presented Mr. Janny with a blatantly unconstitutional choice: Go to church, or go to jail. As the court鈥檚 decision makes clear, the First Amendment flatly prohibits such religious coercion, and state officials should know better.鈥�

Alex J. Luchenitser, associate vice president and associate legal director at Americans United: 鈥淭his is a victory for Mark and for religious freedom. Our country鈥檚 fundamental principle of church-state separation guarantees that everyone has the right to believe, or not, as they choose. That means that our government must never force anyone to practice a faith that is not their own, and of course must never jail anyone for refusing to submit to religious proselytization.鈥�

Case Background:

When Mark Janny was on parole in February 2015, Colorado Department of Corrections Parole Officer John Gamez required him to live at the Denver Rescue Mission, a Christian homeless shelter that offers religious programming for parolees and other residents. Gamez had an arrangement with the Mission鈥檚 director to place parolees there, with the understanding that they would take part in compulsory religious worship and practice.

Janny, an atheist, objected to the mandatory worship services, Bible studies, and religious counseling, and he asked to be excused from religious programming or to be permitted to live elsewhere. Gamez and the Mission鈥檚 staff refused Janny鈥檚 request, threatening him with reimprisonment if he did not continue living at the Mission and did not agree to participate in the required religious activities.

When Janny ultimately declined to attend worship services, Gamez revoked his parole, and Janny was jailed for another five months.

Janny filed a federal lawsuit, asserting violations of his First Amendment rights; he represented himself at the district court level. After the district court wrongly dismissed his case, the 老澳门开奖结果, Americans United, and DLA Piper stepped in to represent him on appeal. The appeal was filed with the Tenth Circuit in March 2020.

Janny鈥檚 appeal was litigated by Daniel Mach and Heather L. Weaver of the 老澳门开奖结果, Charles Wayne of DLA Piper, and Alex Luchenitser and Richard B. Katskee of Americans United.

Case Documents:

• The 10th Circuit brief in Janny v. Gamez is available here.
• Today鈥檚 court opinion is available here.