Faith Center Church Evangelistic Ministries v. Glover

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The Alliance Defense Fund has filed its petition for cert. in Faith Center Church Evangelistic Ministries v. Glover, to appeal a Ninth Circuit 2-1 ruling in favor of a library that allows virtually any use of its meeting rooms EXCEPT a use that includes religious worship.

The panel decision was split, 2-1, and 7 judges dissented from rehearing en banc. One of the panel judges, sitting by designation from the district court, was unusually harsh and one might say disrespectful in his statements about the U.S. Supreme Court.

The Supreme Court docket on this case is here:[1]

The DOJ filed an amicus brief before the Ninth Circuit here:[2]

  • Applying Widmar and Good News Club, the district court reasoned that the County did not show a compelling state interest to justify the restriction on religious services. See Faith Ctr., 2005 WL 1220947, at *6. In response, the County argued that it must enforce the policy to avoid violating the Establishment Clause. Ibid. Dismissing the County’s argument and again applying Widmar, Good News Club, and Lamb’s Chapel, the district court concluded that the “Supreme Court has foreclosed this argument by consistently holding that a policy of equal access does not violate the Establishment Clause.”