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Suit Challenges Exclusion of Sectarian Groups From State Employee Charitable Campaign

By Howard M. Friedman

Earlier this week, the Montana Family Foundation filed suit in federal district court challenging its exclusion from the Montana State Employees' Charitable Giving Campaign. The complaint (full text) in Montana Family Foundation v. Stoll, (D MT, filed 4/15/2010), alleges that MFF's application to become one of the numerous non-profit groups eligible to receive charitable contributions from state employees was rejected because eligible organizations may not have sectarian activities as their primary focus. MFF focuses on issues of the family, such as marriage and abortion, from a traditional Christian viewpoint. The complaint alleges that this anti-sectarian rule is vague and overbroad, discriminates against religious speech based on content, discriminates based on the speaker's viewpoint, and infringes rights of expressive association. It also alleges that the Campaign's practices violate the free exercise and establishment clauses, and infringe due process and equal protection rights. Alliance Defense Fund issued a release yesterday announcing the filing of the lawsuit.

Full post as published by Religion Clause on April 17, 2010 (boomark / email).