INDIANAPOLIS, -- The Indiana Supreme Court granted the Thomas More Society's request to review a lower court ruling on the increased power of the Indiana Civil Rights Commission (ICRC). The lower court ruled the ICRC has broad authority to regulate "education," even when members form small groups based on a shared religious mission. The Thomas More Society argues that the First Amendment guarantees of religious liberty and freedom of association prevent the government from interfering with such small groups and that the Indiana Civil Rights Law is not meant to interfere with those groups. Thomas More Society attorneys filed the petition on behalf of the Fishers Adolescent Catholic Enrichment Society, a group formed by 11 homeschooling families to provide social support for their children in a religious faith environment.
"The government has no right to regulate small volunteer groups, especially when those groups are faith-based," said Peter Breen, vice president and senior counsel for the Thomas More Society. "The Indiana Civil Rights Law was never meant to intrude so deeply on the rights of Hoosiers to associate as they please and to gather for religious purposes. The misreading of the law by the other side would give the government the right to regulate everything from pick-up basketball games to toddler play groups to vacation bible schools."
A former member filed the complaint against the Catholic Enrichment Society claiming that the group discriminated against her daughter in the meal offered at the group's All Souls' Day Ball. After repeated disputes and disrespectful behavior from the member, she was eventually expelled from the group. The State of Indiana proceeded to prosecute the Catholic Enrichment Society under the Indiana Civil Rights Act. Because the group had almost no funds, the Thomas More Society stepped forward to provide pro bono legal representation and has since rendered hundreds of thousands of dollars' worth of legal services in the case to defend against government overreach into religious organizations.
After several years of litigation, the disability discrimination claim related to the meal choice was dismissed by an Administrative Law Judge of the Indiana Civil Rights Commission. However, the Judge allowed a retaliation claim to proceed, based on the dismissal of the member from the group. The Judge ordered that the 11 families readmit the expelled member and pay a $2,500 fine. The Indiana Court of Appeals affirmed the Judge's decision. While the case was before the Court of Appeals, the State of Indiana dropped its prosecution of the Catholic Enrichment Society. The case proceeded when the disgruntled member hired a private attorney to continue the prosecution of the Catholic Enrichment Society.
The Indiana Supreme Court is expected set a briefing schedule within the next few weeks. More information regarding the case can be found here and here.
About the Thomas More Society
Thomas More Society is a national not-for-profit law firm that exists to restore respect in law for life, marriage, and religious liberty. Headquartered in Chicago, the Society fosters support for these causes by providing high quality pro-bono professional legal services from local trial courts all the way to the United States Supreme Court. www.thomasmoresociety.org
