Forest Hills Early Learning Center, Inc. v. Grace Baptist Church

846 F.2d 260, 1988 WL 41938
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 6, 1988
DocketNos. 87-3713, 87-3714, 87-3703
StatusPublished
Cited by4 cases

This text of 846 F.2d 260 (Forest Hills Early Learning Center, Inc. v. Grace Baptist Church) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Forest Hills Early Learning Center, Inc. v. Grace Baptist Church, 846 F.2d 260, 1988 WL 41938 (4th Cir. 1988).

Opinion

BUTZNER, Senior Circuit Judge:

This challenge to the constitutionality of Virginia’s exemption of religiously affiliated child care centers from state licensing requirements has been before this court on several occasions. See Forest Hills Early Learning Center v. Lukhard, 728 F.2d 230 (4th Cir.1984); Forest Hills Early Learning Center v. Lukhard, 789 F.2d 295 (4th Cir.1986). Acting on the basis of our earlier instructions, the district court conscientiously reviewed the various requirements of the licensing statute and held that compliance with them would not impermis-sibly burden the churches’ free exercise rights. Consequently, the court concluded that the statute exempting the churches from obtaining licenses and from complying with regulations governing child care centers violates the establishment clause of the first amendment. Forest Hills Early Learning Center v. Lukhard, 661 F.Supp. 300 (E.D.Va.1987). Because the Supreme Court’s recent decision in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, — U.S. -, 107 S.Ct. 2862, 97 L.Ed.2d 273 (1987), requires an analysis different from that which we previously employed, we reverse the judgment of the district court and hold the challenged statute to be constitutional.

I

The background of this dispute has been set forth in detail in our earlier opinion in this case. Forest Hills, 728 F.2d at 233-37. A brief review will suffice for the present discussion.

The state of Virginia since 1948 has required all child care center operators to obtain a license, and to comply with certain basic standards. In 1976 the Department of Welfare promulgated new and substan[262]*262tially broader and more stringent regulations, setting detailed mandatory standards concerning, among other areas, programs, space, health, nutrition, disciplinary practices, and parental participation. Spurred to examine their positions by this more intensive regulation and by news of related controversies in other states, some churches informed state authorities that their religious beliefs could not permit them to apply for or accept a state license to carry out a function they consider an integral part of their religious ministry. In response to these concerns, the Virginia legislature enacted Va. Code § 63.1-196.3, which exempts child care centers operated by religious institutions, at their option, from licensing and compliance with many regulations. Exempt centers must still meet basic health and safety standards.

The appellees are child care centers without religious affiliations. They allege that the exemption of religious centers from licensing requirements places secular centers at a competitive disadvantage, and that they have suffered actual injury as a result of this effect.

II

The churches contend that the secular child care centers lack standing to challenge the constitutionality of the exemption because they have introduced no evidence, beyond assertions, that they have suffered actual economic injury as a result of the exemption of religious centers. The district court ruled that the secular centers had demonstrated sufficient injury to establish standing. 661 F.Supp. at 307-08.

The Supreme Court’s decision last term in Arkansas Writers’ Project v. Ragland, — U.S. -, 107 S.Ct. 1722, 95 L.Ed.2d 209 (1987), supports the secular centers’ claim of standing. In that case a publisher whose magazine was subject to the general state sales tax brought suit challenging the constitutionality of a sales tax exemption granted to certain types of magazines. The Court held that the plaintiff did have standing to bring that challenge, pointing to “the numerous decisions of this Court in which we have considered claims that others similarly situated were exempt from the operation of a state law adversely affecting the claimant.” 107 S.Ct. at 1726. The facts and positions of the parties in the present case are closely analogous to those in Arkansas Writers’ Project, and the same principle must govern.

Ill

Our earlier analysis of the statutory exemption was guided by the three-prong test for establishment clause violations articulated in Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971). The Supreme Court’s decision last term in Amos adheres to the Lemon test, but explains and clarifies it in ways which require us to revise our analysis.

At issue in Amos was a statute specifically exempting religious organizations from the ban on religious discrimination imposed on all other employers by Title VII of the Civil Rights Act of 1964. The plaintiff was a building engineer employed in a gymnasium run as a nonprofit facility open to the public by entities connected with the Mormon Church. He was fired when he failed to qualify as a member in good standing of that church. The district court held that the exemption violated the establishment clause.

On direct appeal, the Supreme Court reversed. The Court employed the Lemon test for distinguishing between permissible accommodations and unconstitutional establishments of religion: “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion, ... finally, the statute must not foster ‘an excessive government entanglement with religion.’ ” Lemon, 403 U.S. at 612-13, 91 S.Ct. at 2111. The Court held that the exemption of religious employers from Title VII’s mandate passed each of the elements of the Lemon test. In reaching its conclusion, it emphasized that “ ‘[t]he limits of permissible state accommodation to religion are by no means co-extensive with the noninterference mandated by the Free Exercise Clause.’ ” Amos, 107 S.Ct. at 2867, quoting Walz v. Tax [263]*263Comm’n, 397 U.S. 664, 673, 90 S.Ct. 1409, 1413, 25 L.Ed.2d 697 (1970).

The Court held it a permissible and sufficient legislative purpose “to alleviate significant governmental interference with the ability of religious organizations to define and carry out their religious missions.” Amos, 107 S.Ct. at 2868. The government interference to be avoided includes both positive statutory mandates to which a religious group would have to conform its practices, and the “significant burden on a religious organization” caused by forcing it to defend its beliefs and practices in extended free exercise litigation before “a judge [who may] not understand its religious tenets and sense of mission.” Amos, 107 S.Ct. at 2868.

The potential for just the sorts of burdens the Court is concerned with is very clear in the present case. Absent the exemption, some church leaders would immediately be forced to violate their convictions against submitting aspects of their ministries to state licensing, or face legal action by the state. This would be an unseemly clash of church and state which the legislature might well wish to avoid. Our earlier opinion shifted to the churches the initial burden of producing evidence “to establish the extent, if any, of their free exercise rights in the exempted activities.” See Forest Hills, 728 F.2d at 246.

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846 F.2d 260, 1988 WL 41938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forest-hills-early-learning-center-inc-v-grace-baptist-church-ca4-1988.