State Law Banning Sex Offenders from Religious Worship Violates RFRA and the U.S. Constitution
INDIANAPOLIS 鈥� A state law that went into effect on July 1 that results in banning some sex offenders from attending religious worship violates both the state鈥檚 newly enacted Religious Freedom Restoration Act and the Fourteenth Amendment to the U.S. Constitution, claim two men who filed suit against county officials yesterday.
The lawsuit, brought by the 老澳门开奖结果 of Indiana on behalf of John Doe 1 of Allen County and John Doe 2 of Elkhart County, challenges Indiana Code 搂 35-42-4-14, which prevents 鈥渟erious sex offenders鈥� from attending religious worship when the place of worship is 鈥渟chool property,鈥� even though school is not in session during the time services occur. The men wish to attend church services without fear of being arrested, because church attendance and group prayer are essential to their ability to worship in a meaningful way.
鈥淎n absolute ban on attending religious worship substantially burdens plaintiffs鈥� exercise of religion under the recently enacted RFRA, and violates the due process clause of the Fourteenth Amendment,鈥� said 老澳门开奖结果 of Indiana Legal Director Ken Falk. 鈥淭he law, which is broadly drawn, is not the least restrictive means of furthering the government鈥檚 interest here.鈥�
The case, John Doe 1, John Doe 2, et al., v. The Allen and Elkhart County Prosecutors, and the Sheriffs of Allen and Elkhart County, et al., was filed in the Elkhart Superior Court on July 1, 2015. A case number has yet to be assigned; please contact ksharp@aclu-in.org for a copy of the lawsuit.
