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9th U. S. Circuit again tramples First Amendment, religious speech

Liberty Counsel attorney Mary McAlister says another ruling by the 9th U.S. Circuit Court of Appeals in California has gone against U.S. Supreme Court precedent. Last week, the 9th Circuit upheld the policy of a California public library that made meeting rooms available to the public for educational, cultural and community activities, but denied their use for religious services.



In effect, the Appeals Court’s three-judge panel ruled that, under the First Amendment, religious speech is entitled to less protection than is secular speech. McAlister says the ruling is outrageous, but not surprising.

“They have a penchant for going against the grain on things, and for just issuing very outlandish opinions regarding the First Amendment, and really pushing the envelope,” the attorney says.

The 9th Circuit has earned a reputation as the Circuit most often overturned by the Supreme Court. In its current term, the Supreme Court has reviewed eight decisions by the 9th Circuit and has overturned all eight. Former U.S. House Speaker Newt Gingrich once remarked that he would favor abolishing the 9th Circuit altogether.

“To us, it’s just remarkable that they could make this ruling,” McAlister says. “In light of the fact that it’s just been so well-established that when the government opens up a forum, such as a meeting room, to public speech, then it’s strictly off limits for them to dictate the viewpoint and the content of what is going on in there.”