Why would a large, predominantly white suburban congregation near
Birmingham need its own police force?

For a related religion clause case, see State v. Celmer,
http://law.justia.com/cases/new-jersey/supreme-court/1979/80-n-j-405-0.html
(invalidating on First A grounds "a statutory scheme which grants various
municipal powers to the Ocean Grove Camp Meeting Association of The United
Methodist Church.")

On Wed, Apr 12, 2017 at 11:04 AM, Paul Horwitz <phorw...@hotmail.com> wrote:

> Here's a story from the AP. What do you (or, to use the proper and
> incredibly useful grammar of my adopted state, "y'all") think? Is it a
> quasi-Grendel's Den case or something of the sort? A direct Establishment
> Clause problem insofar as it involves granting governmental or
> quasi-governmental status to a church itself? A Kiryas Joel-type case
> insofar as it grants a governmental privilege or status that might or might
> not be granted to, say, a mosque or some other organization? (Not that I'm
> crazy about that aspect of the Kiryas Joel ruling.) Or, insofar as state
> law allows the state to empower various entities to have police forces, is
> it constitutional because respectful of equal access to governmental
> benefits or privileges?
>
>
> Paul Horwitz
>
> University of Alabama School of Law
>
>
> MONTGOMERY, Ala. (AP) – The Alabama Senate has voted to allow a church to
> form its own police force.
> Lawmakers on Tuesday voted 24-4 to allow Briarwood Presbyterian Church in
> Birmingham to establish a law enforcement department.
> The church says it needs its own police officers to keep its school as
> well as its more than 4,000 person congregation safe.
> Critics of the bill argue that a police department that reports to church
> officials could be used to cover up crimes.
> The state has given a few private universities the authority to have a
> police force, but never a church or non-school entity.
> Police experts have said such a police department would be unprecedented
> in the U.S.
> A similar bill is also scheduled to be debated in the House on Tuesday.
>
>
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-- 
Ira C. Lupu
F. Elwood & Eleanor Davis Professor of Law, Emeritus
George Washington University Law School
2000 H St., NW
Washington, DC 20052
301-928-9178 (mobile, preferred)
202-994-7053 (office)
Co-author (with Professor Robert Tuttle) of "Secular Government, Religious
People" ( Wm. B. Eerdmans Pub. Co., 2014))
My SSRN papers are here:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
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