Religious Freedom Defender Calls State Agency's Censorship 'Intolerable'
by Allie Martin and Jenni Parker
May 25, 2004
(AgapePress) - A public employee in California is suing his employer, claiming the state has singled him out for discrimination because of his Christian faith.Dan Berry is a longtime employee of the Tehama County Child Protection Services Agency in Redbluff, California. Earlier this year he noticed fellow employees expressing their personal opinions and beliefs by posting personal items in their private work cubicles. Naturally, Berry thought he was free to do the same.
The state worker began displaying a Bible in his cubicle and meeting with fellow workers during lunch for prayer. But after receiving complaints from other employees, management told Berry not only to cease the prayers, but also to keep his Bible in his desk drawer.
Brad Dacus is president of the Pacific Justice Institute (PJI), a legal defense organization that specializes in the defense of religious freedom and other civil liberties. He says Berry was a "shining light" who "cared enough about living his faith, he even would meet with fellow workers in an empty conference room to lift up each other's needs in prayer," and who should have been able to expect tolerance from his co-workers.
| | 
Brad Dacus |
But instead, the Christian worker was subjected to intolerance from unbelieving colleagues and censorship from his employer. After taking Berry's case, PJI attempted to resolve the matter amicably with the state, but to no avail. Consequently, PJI attorneys filed suit on Berry's behalf, believing the Constitution to be on their client's side.Dacus says it is important "to recognize that in no way [under the Constitution] is religious speech allowed ... to be censored simply and solely because of its religious content or any stereotypes that may exist about Christians in the workplace." He feels the state's actions in the matter have been intolerable.
Nevertheless, a judge recently sided with the state in Berry's case, and Dacus was outraged by the ruling. "The judge decided to uphold this clear act of discrimination and hostility and censorship by this local government agency against this Christian," he says.
PJI's leader says his legal group did not expect the "shocking decision" because clear case law has already been established to protect employees like Dan Berry. Yet somehow the judge ruled that access to the same conference room used by other employees for personal, non-work-related gatherings could be denied to employees gathering for prayer, and also that the state employer could discriminate against religious speech in individual workers' cubicles.
Dacus says the judge was seemingly "afraid of the kind of disturbance that may be created by these Christians being allowed to pray and to meet in a room that wasn't being used at lunchtime." But the religious freedom defense expert says an appeal is already in the works.
Although many are skeptical of the 9th Circuit, PJI's president says his group has seen the Court reverse "similarly outrageous lower-court decisions." But if necessary, Dacus says the Institute is prepared to appeal the case all the way to the U.S. Supreme Court.
