Expert: Michael Troy - 5/28/2010

Question
This case is on writ of certiorari to the United States Court of Appeals for the Fourteenth Circuit.  This Court granted certiorari in order to resolve the issues raised below concerning the constitutionality of denying a permit to Reverend Denolf and the First Baltic Christian Church to use Jones Park.  The parties stipulated the facts.
Reverend Denolf individually and on behalf of the members of his congregation, the First Baltic Christian Church, sought a permit from the City of Knerr to use Jones Park in order to perform the Church’s annual Passion play.  Reverend Denolf is the author, director and star of the play, which was created to reenact the crucifixion of Jesus Christ.  Members of the First Baltic Christian Church take various parts in the performance as well.  This play originated with Reverend Denolf and, through the years, it has attracted great interest among members of the community.  Because of the crowds, the church facilities have become inadequate for hosting the celebration.  Accordingly, Reverend Denolf and First Baltic applied for permission to use the city park.
While the superintendent of parks originally granted the permit, the City Council subsequently rescinded the approval due to the potential implication of the establishment clause.  The City Council postponed its denial of the permit for several months.  This delay caused a reactionary politicization of the church-state issue throughout the community, resulting in prejudice against the Baltic faith and the members of Reverend Denolf’s congregation, and against Reverend Denolf in particular.  
Reverend Denolf filed suit claiming that the City’s action in refusing the permit constituted a violation of his right to free speech and free exercise of religion.  The district court found that granting the permit would violate the establishment clause.  The court of appeals, however, found the substantial interest in preserving Reverend Denolf’s free speech and free exercise rights to be more compelling than the minimal entanglement of church and state that could develop if the park was used for this purpose.

im not so sure how to write an argumentative essay on this or who to support??

Answer
Hello,

Firstly, there is no Fourteenth Circuit.

The Estabilishment clause was originally designed to prevent the Federal Government from establishing a State Religion.  In the early 20th Century, courts applied that same restriction to State governments and also expanded it to prevent government from favoring certain religions sects, or favoring religion over non-religion.

The way modern courts would look at a question like you present is whether federal official granted the church favorable treatment because official favored that religion.  If the city had a neutral policy or practice of making the park generally available for private activities, it would violate free exercise to discriminate against the church because of its religious message.  If, however, the park was not normally available for private functions, and the government was showing favoritism in this case, a court might find that to be an establishment clause violation.

I hope this helps!
- Mike