ACLU Loses To Latter-Day Saints

SALT LAKE CITY (AP) -- A three-judge panel of the 10th U.S. Circuit Court of Appeals upheld the controversial sale of Salt Lake City's Main Street to The Church of Jesus Christ of Latter-day Saints, which turned a section of the former street into a religious park.

Judges said the plaza, as the area between church offices and the faith's temple is known, is private property and the sale was not an endorsement of the church by city leaders.

"Looked at objectively, the ... case is one of neutrality and equal access, in which the city does nothing to advance religion, but merely enables the LDS church to advance itself," the court wrote.

The ruling rejects the claim of the Utah chapter of the American Civil Liberties Union that the street should remain a public sidewalk where free speech is allowed.

The city initially sold the one-block section of Main Street to the Mormon church in 1999 for just over $8 million. In that sale, the city reserved a public-access easement, but gave the church the right to block on-plaza protests, proselytizing and other behaviors.

The ACLU and other plaintiffs sued, contending the church could not curtail free speech or other First Amendment rights in a public easement. In a 2002 ruling, the 10th Circuit upheld the ACLU's claim.

Salt Lake City Mayor Rocky Anderson originally supported the ACLU, but later brokered a deal with church leaders to trade the easement for $4.5 million in property on the city's west side to build a community center, which is not yet open.

ACLU attorneys then sued both the church and the city, saying that political pressure from the church forced Anderson into a deal that violates constitutional provisions against government favoring one religion over another.

The city's secular gains of a community center were a "facade" protecting the Mormon church from critics, the lawsuit said.

In its ruling the court said that in giving up the easement, the city gained roughly 10 times its market value and rightfully disengaged itself from a potential constitutional entanglement with the church over control of the plaza.

Judges also said that traditional public forums can, in fact, be sold to private groups and no longer continue to be public forums.

"The fact that the mayor changed his mind by first vocally opposing the sale of the easement and later supporting it, or that this issue was controversial, simply does not support the claim that the transaction was a sham," the judges said. "The city simply does not own the plaza."

From the Jackson Hole Star Tribune.


The ACLU lost this one, but the underlying question is why did they sue in the first place? The city and the church had arrived at what seemed to be a mutually amicable and advantageous settlement for both parties. The city had gained from this transaction, not only financially but also will benefit by the addition of a community center the church intends to build.Not content with that, the ACLU tried to claim that somehow the city government was endorsing the Mormon church by allowing it to procure an easement thus enabling it to make sure that there were no nearby activities that might be offensive to church members.

Now, the ACLU seems to take great pains to sue over what might be offensive to Muslims, witches, satan worshippers and druids but it balks over protecting the sensitivity of Mormons. What is wrong with this picture? Why would the ACLU sue to overturn a deal that is a win-win for the vast majority of city residents?

Is it because the Mormons, like other morally upright faiths don't seem to condone many of the ACLU's agenda items? It would seem to confirm that religions which uphold the principles that keep America free, strong and secure are consistently the targets of ACLU aggression. The ACLU is works to suppress the voice of faith, wanting to expunge its message from the public forum, all under the guise of protecting our liberty.

Do not allow this to happen. Join the battle to stop the ACLU.

This was a production of the Stop The ACLU Blogburst. If you would like to join just go to our Protest The ACLU Portal and register. You will be added to our mailing list, and we will send you further instructions.