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Lawsuit Challenges Georgia Restrictions On Sex Offenders As Church Volunteers

By Howard M. Friedman

The Southern Center for Human Rights filed a federal lawsuit yesterday seeking a preliminary injunction to prevent implementation of an amendment to Georgia's sex offender law (GCA 42-1-15) scheduled to take effect July 1. The new law prohibits anyone required to register as a sex offender from volunteering at any church (in addition to the previously enacted ban on church employment of such individuals). The Motion for Preliminary Injunction (full text), claiming free exercise and due process violations, alleges:

The new statute ... intrudes upon core church functions and decisions. Under SB1, people on the registry cannot follow their faith's commandments to perform good works. And, despite a religious organization's own desires and decisions, it may not ever employ a person on the sex offender registry or ask such a person t volunteer as a choir member, serve on a church committee, or perform any other function. Even helping a pastor with Bible study or preparing a meal in a church kitchen will subject people on the registry to prosecution and imprisonment.

Plaintiffs also filed a Brief in Support of the Motion. The SCHR press release announcing the lawsuit contains links to other documents in the case as well. AP also reports on the litigation.

Full post as published by Religion Clause on June 25, 2008 (boomark / email).