Appeal Filed Defending Montana Church's Right to Free Speech

(AgapePress) - Attorneys with the Alliance Defense Fund (ADF) are filing an appeal of a federal judge's decision to restrict the free speech of a Montana church.

In 2004 Canyon Ferry Road Baptist Church of Helena was accused of violating state election law because it did not report to the government when it spoke out on the state's proposed marriage amendment, which was eventually approved by 66 percent of the voters. Recently, a U.S. district court ruled that the church did indeed violate Montana election law.

Dale Schowengerdt, legal counsel with the ADF, argues to the contrary, however. "Churches obviously, throughout our history, have had a crucial role in discussing and changing the social fabric of our country," the attorney says. "That's part of what churches do is speak out about important social issues."

Responding to a complaint filed by the now-disbanded Montanans for Families and Fairness, the state's commissioner of political practices asserted that by demonstrating support for the amendment, the church "became an incidental political committee under Montana law, with corresponding reporting obligations."

Schowengerdt describes Montana's law as "particularly restrictive" and one that "needs to be challenged." He puts it this way: "The law is so extreme that it can be triggered by 'anything of value' -- even a penny spent on the church electric bill." The ADF attorney is optimistic about the outcome of the appeal being filed.

"We think that we stand a very good chance of overturning the trial judge's opinion," he says. "It's counter to Supreme Court authority and even Ninth Circuit authority on that exact issue, so I think we're hopeful that the Ninth Circuit will overturn the decision."

Schowengerdt maintains the complaint filed against the church was nothing more than a politically motivated attack designed to muzzle supporters of traditional marriage.