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Wednesday, June 09, 2004

SUIT CONTENDS CAMPAIGN LAWS STIFLE CHURCH'S FREE SPEECH: From the Billings Gazette

The Alliance Defense Fund, a conservative religious legal group, filed a lawsuit in federal court against state Political Practices Commissioner Linda Vaughey late Monday on behalf of a Helena church, claiming that some of the election laws she enforces are unconstitutional.

The lawsuit came in response to the investigation that Vaughey will launch into the activities of the Canyon Ferry Road Baptist Church in East Helena. Gay rights advocates filed a complaint against the church with Vaughey two weeks ago, saying the church inappropriately held an event to support a proposed constitutional ban on gay marriage in Montana.

Petitions supporting the proposed constitutional ban on gay marriage--Constitutional Initiative 96--were circulated at a church event May 23, where the Rev. B.G. Stumberg encouraged parishioners to sign them. The initiative will be placed on the November ballot if about 41,000 voters sign petitions.

While the gay rights advocates say the church should have filed with the commissioner before holding such an event, the Alliance Defense Fund of Scottsdale, Ariz., said the church's rights to free speech and religious expression are being trampled by "vague" and "ambiguous" election laws. ...

The law in question requires any organization not specifically organized for the purpose of influencing elections to register with the state and file an organizational statement within five days after it makes an expenditure on behalf of a ballot initiative.

While the gay rights advocates say the church donated in-kind services to the measure, the lawsuit says that the church made no expense on behalf of the initiative. The suit says the multimedia presentation that televised a broadcast by James Dobson of Focus on the Family and other evangelical leaders during the May 23 event was paid for by the Christian Communication Network.

The suit also states the church did not pay to advertise the event.

Vaughey said Monday that she cannot comment on the lawsuit, but did confirm that she is planning to investigate the activities of the church. She said the investigation probably won't begin for several weeks because eight or nine complaints have come in ahead of this one.

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