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Court rules House of Worship Protection Act violates First Amendment

By Lilly Fowler
St. Louis Post-Dispatch
March 10, 2015

http://www.stltoday.com/lifestyles/faith-and-values/court-rules-house-of-worship-protection-act-violates-first-amendment/article_98920b8e-260c-57f1-9e1b-06ab04abb22a.html


The Survivors Network of those Abused by Priests and other groups looking to protest outside houses of worship have won a court battle against a state law aimed at curtailing such activity.

On Monday, the U.S. Court of Appeals for the Eighth Circuit, ruled that the House of Worship Protection Act violates the First Amendment.

The law, which took effect in 2012, bars anyone from intentionally disturbing a “house of worship by using profane discourse, rude or indecent behavior … either within the house of worship or so near it as to disturb the order and solemnity of the worship services.”

The American Civil Liberties Union of Missouri filed a lawsuit that same year on behalf of various groups pushing for change in the Roman Catholic Church. The groups argued that the First Amendment protects their freedom to recite prayers, hold signs and distribute literature outside houses of worship in an effort to communicate their messages to church leaders and parishioners.

At the time of the lawsuit, ACLU legal director Tony Rothert cited the severe sentences given to members of the Russian punk band Pussy Riot, for their political protest inside a Russian Orthodox Church.

“In Missouri, Pussy Riot wouldn’t have to set one foot inside a church to land in jail because the House of Worship Protection Act makes it a criminal act simply to protest on a sidewalk near a church,” Rothert said.

“It’s almost like Missouri legislators are asking themselves, ‘What would Putin do?’ and then taking it one step further. They seem to have forgotten that the USA has the First Amendment.”

Under the law, anyone found to be in violation of the act is guilty of a misdemeanor and could face months in jail. Third and subsequent charges are elevated to felony status.

 




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