SCHR - HB 1059 lawsuit

«««FOR IMMEDIATE RELEASE—TUESDAY JUNE 24, 2008, 9:00am«««

Georgia Sex Offender Law Criminalizes Religion

Injunction Filed to Halt Implementation of Ban on
Faith-based Volunteering

ATLANTA, GEORGIA, June 24, 2008 – Today, attorneys from the Southern Center for Human Rights (SCHR) filed a Motion for a Preliminary Injunction to halt the implementation of a portion of Georgia’s latest sex offender law. This statute, scheduled to go into effect on July 1, criminalizes religious activities by prohibiting people on the registry from volunteering at places of religious worship. For the last two years, SCHR has represented a class of people on the registry in Whitaker v. Perdue, Civil Action No. 4:06-cv-140-CC (N.D. Ga. 2006). The motion filed today is the latest in series of pleadings filed in the Whitaker case.

In addition to imposing residency and employment restrictions, Georgia’s sex offender law will now criminalize religious practice. Specifically, the statute prohibits all 15,700 people on the registry from “volunteering” at a church. Activities such as singing in an adult church choir, looking up passages for a pastor in Bible study, preparing for revivals and prayer vigils, or cooking meals in a church kitchen will now be considered criminal activity punishable by 10-30 years in prison. The law makes no exception for anyone – even people who are on the registry for having consensual sex as teenagers. The new law poses an additional complication: pastors, reverends and other spiritual leaders could be charged with accessory to a crime for encouraging people on the registry to actively participate in the life of the church..

“Certain people on the sex offender registry should not work with children in a church setting or elsewhere,” says SCHR attorney Sarah Geraghty. “But criminalizing the practice of religion for all 15,000 people on the registry will do more harm than good. With this law, the State of Georgia is driving people on the registry from their faith communities and depriving them of the rehabilitative influence of the church.”

“This law runs counter to the church’s mission of inclusion and hospitality, of sharing God’s love, grace and message of redemption.,” says Rev. Floyd Rose, Pastor Emeritus of the Church at Pine Hill in Valdosta, GA. “It also discourages participation in one of society’s key rehabilitative structures: the church.”

Barring people from volunteering at churches also runs contrary to best practices for successful rehabilitation and reintegration into society from prison. Both the Georgia Department of Corrections and the Board of Pardons and Paroles have implemented faith-based programming and partnerships with churches as a core strategy to reduce recidivism. Many churches hold that as a central part of their ministry they must reach out to those most condemned by society, especially people who have been involved in the criminal justice system.

Unless the Court stops this law, people on the registry will face criminal prosecution if they participate in religious activities, even though the activities in which they seek to participate do not involve unsupervised contact with minors. Some church volunteers include:

Andrew Norton: Andrew Norton, now 25, is on the registry for a crime that occurred at age 12. Mr. Norton, his wife, and two daughters are devoutly religious. Mr. Norton volunteers as part of a ministry to spread word about his church and to pass along the message of Jesus. He is not involved in any church activity that involves unsupervised contact with minors.
Lori Collins: Lori Collins is on the registry for statutory rape. She completed the Georgia Department of Corrections Faith and Character Program and is now an ordained minister. Since Ms. Collins’ release from prison, she has been active in prison ministry outreach and regularly attends Mt. Paran Church of God. None of Ms. Collins’ volunteer activities with the church involve being around minors. She only wants to continue to serve God by spreading his Word and being active in the life of the Church.
Angela Coffey is on the registry for having sex with a 17-year-old student in her class. Ms. Coffey went to prison for this offense, and was released this year. She is a churchgoer and would like her daughter to be raised in the church. Because of the extremely harsh penalties imposed by this statute, she is fearful of participating in activities that might be considered “volunteering” such as Bible study, serving on church committees and helping to prepare for church gatherings.

In the motion filed today, attorneys ask the Court to specifically address the portions of the new sex offender statute that restricts core religious freedoms and disrupts a source of faith and support that enhances the public safety by stopping its implementation on July 1, 2008.

Rev. Rose continues: “Churches these days are concerned about the protection of children from sex offenses. But churches have tools to protect children. Many churches have enacted policies to detect and stop sex abuse in their congregations. Churches can do background checks on volunteers and can check the Internet-based sex offender registry, which will tell them who is on the registry in their community. Ultimately, the decision about whether it is appropriate for a particular person to be involved in church activities must be made on a case by case basis. This decision should be made by the church, not by the State.”

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