Bemis Pentecostal Church v. State

731 S.W.2d 897, 1987 Tenn. LEXIS 1064
CourtTennessee Supreme Court
DecidedMay 26, 1987
StatusPublished
Cited by21 cases

This text of 731 S.W.2d 897 (Bemis Pentecostal Church v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bemis Pentecostal Church v. State, 731 S.W.2d 897, 1987 Tenn. LEXIS 1064 (Tenn. 1987).

Opinion

DROWOTA, Justice.

This case presents a constitutional challenge to the Campaign Financial Disclosure Act of 1980, T.C.A. §§ 2-10-101, et seq. (the Act). The Plaintiffs, thirteen churches in the Jackson area, 1 brought this declaratory judgment action in the Chancery Court of Madison County, alleging that the Act violated their First and Fourteenth Amendment rights under the Constitution of the United States. Defendants are the State of Tennessee, the State Attorney General, the District Attorney General for the Twelfth Judicial Circuit, and the Election Coordinator of the State of Tennessee.

*899 I.

In August, 1984, the City of Jackson held a local option referendum to determine whether liquor-by-the-drink would be approved by the residents of the city pursuant to T.C.A. § 57-4-103. Prior to the referendum, Plaintiffs participated in a campaign to oppose the adoption of on-premises liquor consumption in Jackson. They purchased radio, television, and newspaper advertisements expressly opposing the adoption of the local liquor option. At least one of the Plaintiffs contributed money to a political campaign committee, Citizens Against Drug Abuse, which actively campaigned to defeat the local option proposal; another contributed §100 to the Madison-Chester Association of Baptists for the purchase of advertising expressing opposition to the local option measure. Concurrently, a number of the Plaintiffs, as part of their regular and continuing program of broadcasts of their religious services, broadcast sermons in which opposition to the referendum question was expressed. Church newsletters regularly published and distributed by Plaintiffs to their members and other interested individuals included expressions of opposition to the adoption of the local option. The total amount contributed and spent by all Plaintiffs to defeat the referendum measure was $5,150. No church filed a disclosure statement as required by the terms of the Act. Before the election scheduled for August 2, 1984, Defendant David Collins, the Election Coordinator of the State, received an anonymous letter concerning the legality of a newspaper advertisement placed in a local newspaper by one of the Plaintiffs. This advertisement urged voters to cast their ballots against the local option, identified the sponsoring church, and offered to provide transportation to the polls on election day. Because a local election was involved, Mr. Collins forwarded a copy of the letter and advertisement to the local District Attorney General, Jerry Woodall, for any appropriate action. On August 9, 1984, General Woodall requested a formal opinion from the State Attorney General’s Office, submitting the question of whether a church that donates funds to a group organized to defeat a local liquor measure must comply with the Campaign Financial Disclosure Act. On August 29, 1984, the Attorney General issued his opinion that such a church would be required to file a disclosure statement with the county election commission. The following day, General Woodall notified Plaintiffs that they must comply with the Act by September 17, 1984. On September 10, 1984, Plaintiffs filed this declaratory judgment action pursuant to T.C.A. § 29-14-101, et seq., and Rule 57, T.R.C.P. They sought a temporary injunction to prevent enforcement of the Act pending the outcome of this litigation. An Agreed Order was entered on September 13, 1984, in which the Defendants agreed that the failure of the Plaintiffs to file certain statements and disclosure reports as required by the Act would not be considered as a willful violation of the Act 2 for a period not to exceed thirty days after the final disposition of the case on appeal. Subsequently, the case was heard on August 7, 1985, in Madison County Chancery Court.

In addition to the testimony of the ministers and pastors of several of the Plaintiff-churches, a Stipulation of Facts was submitted as part of the evidence at trial. Plaintiffs also called a number of prominent expert witnesses to testify in the area of church-state relations. Among the stipulations were included the facts that each church has two or more members in its congregation and that the local option had been defeated by a vote of 6,514 to 6,474.

Testimony at trial primarily focused on the motives and activities of the Plaintiffs in opposing the adoption of the local liquor option. Much of the testimony concerned the sources, amounts, purpose, and fre *900 quency of expenditures to defeat the measure. In several instances the money used to purchase media advertisements had been appropriated from the general treasury funds of the churches; in other instances, special collections had been taken specifically for campaign expenditures or contributions. Church organization was discussed to the extent necessary to show how spending decisions had been made. We emphasize that several Plaintiffs purchased media advertisements in which they specifically expressed their opposition to the local option and encouraged voters to reject the adoption of liquor-by-the-drink in Jackson and that these activities were in addition to the television and radio broadcasts of their church services or the distribution of their newsletters.

Following the August 2, 1984, referendum concerning liquor-by-the-drink, a second referendum was held in November, 1984, to determine whether package liquor stores would continue to operate in Jackson. Because of the ongoing controversy in this case, several of these churches refrained from participating in the November referendum campaign. Evidence also showed that none of these churches had endorsed or otherwise participated in any candidate elections to support or oppose particular candidates. They were active in liquor campaigns because, while they did not view candidate campaigns as appropriate matters for church involvement (especially in view of the diversity of political persuasions among the individual members of each congregation), liquor referenda involve moral issues on which the churches’ congregations are generally unified and about which the churches have defined positions opposing the consumption of alcohol on theological grounds.

Of the ministers and pastors who testified for Plaintiffs, each objected to his church being labeled as a political campaign committee for any purpose because they believe that public questions such as liquor referenda are primarily moral and not political issues. Plaintiffs’ expert witnesses provided additional reasons for this objection and for the general opposition of the churches to the disclosure requirements of the Act; they also offered testimony concerning government regulation of religious activities.

On October 30, 1985, Chancellor Morris issued his Memorandum Opinion. He found from the record that the terms of the Act applied to the activities of these Plaintiffs during the referendum campaign.

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Bluebook (online)
731 S.W.2d 897, 1987 Tenn. LEXIS 1064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bemis-pentecostal-church-v-state-tenn-1987.