Minister bars opponents of marriage amendment from placing signs at poll

[Charlie Brown]

http://www.au.org/site/News2?JServSessionIdr001=08y4wtbs71.app7b&abbr=pr&page=NewsArticle&id=7635&security=1002&news_iv_ctrl=1241

A Dallas County man says a minister with the Northway Baptist Church prohibited the placement of signs on church property opposing Proposition 2, a referendum proposal that bars same-sex marriage in Texas. The minister also reportedly ordered the man to remove his car from the church parking lot because the vehicle displayed a sign opposing the referendum.

The fellowship hall of the Northway Baptist Church is a polling place for the Nov. 8 election, and early voting is under way now.

Said the Rev. Barry W. Lynn, Americans United executive director, “Americans have the clear constitutional right to take a stand on political issues and to try to persuade voters to join them. It is wrong for clergy to interfere in that process.

“If churches don’t want free speech to take place on their property, they should not rent their facilities to the government for use as polling places,” Lynn said. “This incident demonstrates why polling places ought to be located at religiously neutral sites.”

In a Nov. 2 letter to Dallas County Elections Administrator Bruce Sherbert, Americans United warned that the Texas Election Code permits electioneering at polling places as long as it takes places outside a 100-foot radius.

Observed the AU letter, “Northway Baptist Church has prohibited the placement of signs on all of its property, not just the area inside the one-hundred-foot boundary. By designating Northway Baptist as a polling place, Dallas County elections officials have violated the Texas Election Code and may have violated the First Amendment to the U.S. Constitution.

[havocmom]

1. Aren't there laws prohibiting political signs and pamphlets within

a certain distance of any polling place? That has been a no-no in the many places I have lived.

[unblock]

2. i think those laws only apply on election day, not 1 week before.

:shrug:

[havocmom]

5. Well, one might consider that the pastor is the guy making rules

prior to when any election laws come into play.

Hey, I don't much like the way some churches mix into politics, and I have busted some chops about a few who distribute 'voters' guides' but the church does get to call the shots about what goes on within their property boundaries beyond what is already illegal.

Nail them when they cross the line every chance you get, but complaining because they won't allow campaigning on their property is just plain counter productive. They can loose their tax exempt status if certain lines are crossed. Nail 'em when they cross those lines, but don't snivel when they refuse to allow their property to be used in a way which may violate their tax exempt status.

Seperation of chruch and state is a two way street. They do have certain rights about their property just like you and I have with ours.

[Charlie Brown]

7. Even if the Church is a poll?

If the gov't designates a location as a polling point that will only permit ads for certain candidates and proposals, the government is not giving all sides the same rights.

The idiot Rev. is violating the condiditons of the election code and prohibiting free speech at a state-approved site.

[havocmom]

9. Yes, It is still the pastor's church. Now, if he has political materials

for other candidates or specific ballot initiatives, that may well be in violation of his church's tax exempt rules and he should be busted for THAT.

Churches can take stands to promote social policy considerations. They cannot get specific about candidates or specific ballot entries.

Bust him if he violates the laws governing what a church can and can't do as far as election campaigning if that is what he has done, but don't snivel because he won't violate the law to campaign for the issues you want.

[Selatius]

3. They appear to be in compliance with that

It's just that the church grounds are much bigger than that, and the church has banned those signs even if they were beyond the 100 foot radius.

[JerseygirlCT]

6. From the original post:

"Texas Election Code permits electioneering at polling places as long as it takes places outside a 100-foot radius."

[seejanerun]

4. This sounds like the Dallas I know and love.

[Zenlitened]

8. "... polling places ought to be located at religiously neutral sites."

Yep.