State-sanctioned church "police force"

2017-04-12 Thread Paul Horwitz
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

Re: State-sanctioned church "police force"

2017-04-12 Thread Ira Lupu
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

RE: State-sanctioned church "police force"

2017-04-12 Thread Volokh, Eugene
The statute seems unconstitutional to me, likely based on Kiryas Joel. But the answer to the “why?” -- not that such a purpose would necessarily make it constitutional -- might well be for the same reason that many public school districts have their own police forces, though of

RE: State-sanctioned church "police force"

2017-04-12 Thread Laycock, H Douglas (hdl5c)
There is a North Carolina case a few years ago challenging the campus police forces of religiously affiliated universities as an Establishment Clause violation. The NC courts upheld the police forces. That looked more like equal treatment; this looks more like a special deal. Douglas Laycock

Re: State-sanctioned church "police force"

2017-04-12 Thread Paul Horwitz
I assume, given the size of the congregation, that the church is more of a megachurch or campus, indeed much like a university campus with various buildings and activities, than a church that is largely deserted except around worship times. I can't say I know anything about the racial

Re: State-sanctioned church "police force"

2017-04-12 Thread Ira Lupu
I understand completely why a large institution or company, with persons and property to protect, would want a security force on the premises and under its control. But ordinarily that is done through employees or private contractors, and the force is private. It does not have the power to

Re: State-sanctioned church "police force"

2017-04-12 Thread Mark Scarberry
It could be helpful to learn just what powers the church police force would have that private security guards would not. I don't know much about what a private security guard might do (in general, or in particular under Alabama law). May a private security guard detain a trespasser or vandal (for