Appeals court upholds Ga. ban on guns in church

[rug]

July 23, 2012
Kate Brumback

A federal appeals court has upheld Georgia's law banning guns in churches and other places of worship.

The 11th U.S. Circuit Court of Appeals decision, published Friday, upholds a lower court's dismissal of a lawsuit challenging the law. The lawsuit was filed by a gun rights organization _ GeorgiaCarry.org _ and the Rev. Jonathan Wilkins of the Baptist Tabernacle of Thomaston. Wilkins had said he wanted to have a gun for protection while working in the church office.

The 11th Circuit rejected arguments that Georgia's ban violates the plaintiffs' First Amendment right to freedom of religion and Second Amendment right to bear arms.

John Monroe, a lawyer for Georgia Carry, said Monday the plaintiffs hadn't decided whether to appeal to the U.S. Supreme Court.

http://www.realclearpolitics.com/news/ap/politics/2012/Jul/23/appeals_court_upholds_ga__ban_on_guns_in_church.html

Here's the Opinion.

http://www.ca11.uscourts.gov/opinions/ops/201110387.pdf

[gejohnston]

1. I think it violates the spirit of the separation clause

treating a church, mosque, or oak grove any different than any other non government building.
http://www.democraticunderground.com/117253695

[rug]

3. Sorry about the dupe.

I crossposted it from Religion.

But it does not violate the First Amendment because carrying a gun is not part of any religious practice that's before the Court. (There have been a lot of cases regarding Sikhs who carry small daggers as part of their religious practice, but that's another story.)

The Court talks about this starting on page 17:

"We conclude that the Amended Complaint fails to state a Free Exercise Clause challenge because Plaintiffs omit any factual matter showing how the Carry Law burdens a sincerely held religious belief."

[petronius]

2. I'm surprised at this; I like to read the ruling and I do hope it goes to the USSC

I can view it two ways: on the one hand, it's an attempt to privilege churches by giving them a protection that is not given to other private properties (although I personally don't see it as a 'privilege' or a protection). On the other hand, it discriminates against churches by denying them the choice to control yea or nay a legal behavior (and I absolutely support a property owner's right to bar firearms if they choose). Either way I slice it, I don't see how it squares with 1A...