Public Buildings

[AngieAlbery]

What is the name of your state (only U.S. law)? Ohio

Is a church considered a public building that local government (public body) are permitted to hold a public meeting in?

 

[adjusterjack]

Have you got a problem with a particular government body that has already held a meeting in a church or has one scheduled that you object to?

Try telling us what happened and why this is even your business rather than asking ridiculous compound questions.

 

[CdwJava]

Why wouldn't a government body be permitted to hold a meeting in a local church?

As asked, what has happened?

 

[quincy]

In the case Elmbrook School District v. Doe (134 S. Ct. 2283, Supreme Court, 2014), the 7th US Circuit Court of Appeals (Wisconsin, Illinois, Indiana) held that the choice of a church auditorium as venue for high school graduations violated the Establishment Clause. The Court barred the Elmbrook School District from using the church, deeming it "religiously coercive" and an unconstitutional endorsement of religion by the government.

The Elmbrook School District petitioned the Supreme Court for a writ of certiorari. The petition was denied by the US Supreme Court; Justice Scalia and Justice Thomas dissented.

Following is a link to the dissent from the denial of certiorari by Justice Scalia. The dissent by Scalia touches on the question you ask here and helps to explain why your question is not an easy question to answer.

http://scholar.google.com/scholar_case?case=7976608583242477806&q=elmbrook+school+dist+v+doe&hl=en&as_sdt=2006

 

[CdwJava]

Which is why it is important to ask what sort of public meeting or assembly was being held. And other details, of course.

 

[FlyingRon]

I find it amusing my local polling place here is a church auditorium. But it's a practical matter, there are no schools or other government buildings in our ward (and really, not even any suitable conveniently close).

In addition to "what sort of meeting," one needs to also ask, for what purpose are you seeking the definition of "public building." Lots of case law for using private facilities for government meetings and government owned buildings for private meetings. Sometimes the use defines the principle at hand and some times the nature of the facility.

 

[not2cleverRed]

Additionally, it is not even necessary for a church building to be owned by a specific denomination.

The oldest religious structure on Long Island's North Fork is owned by a preservation trust. The trust rents it out to a local religious group on Sundays so that it still gets some religious use (the deed dictates that the building must be used for a religious purposes, or else ownership reverts to the original land donor's family).

Having public meetings there or community celebrations does not imply that the community endorses in any way the particular denomination that uses the structure.

 

[quincy]

... Having public meetings there or community celebrations does not imply that the community endorses in any way the particular denomination that uses the structure.

Your belief echoes the belief of Justice Scalia and Justice Thomas.

The problem is that, if someone does not share the belief that holding public events in a church does not imply endorsement, you wind up with an Elmwood dispute - and potentially a decision like the one held by the 7th US Circuit Court of Appeals which barred the school district from using the church as a venue for the high school graduation ceremonies, calling it unconstitutional and "religiously coercive."

In the Elmwood School District, the church was chosen as a venue for the high school graduation for the same reason that many smaller communities will turn to a church for public meetings - a church is often the largest or most convenient venue for community members to gather. As FlyingRon noted, it is not uncommon to find polling places located in churches. And many churches rent out their facilities for events.

This does not eliminate the concern some have, or the discomfort some might feel, in being in a house of worship surrounded by the trappings of a religious belief that is contrary to their own.