Rudd v. Ray

248 N.W.2d 125
CourtSupreme Court of Iowa
DecidedDecember 15, 1976
DocketNo. 2-59035
StatusPublished
Cited by18 cases

This text of 248 N.W.2d 125 (Rudd v. Ray) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rudd v. Ray, 248 N.W.2d 125 (iowa 1976).

Opinions

HARRIS, Justice.

This is a taxpayer’s derivative suit challenging the constitutionality of legislation which provides for salaried chaplains and religious facilities at the state penitentiary. The challenge is grounded on both federal and state constitutions. The trial court held the legislation does not offend the federal constitution but does offend the state constitution. Accordingly the trial court enjoined the use of public funds for such purposes. We believe the legislation violates neither constitution. We reverse the trial court and remand for dissolution of the injunction.

The facts can be simply stated. Plaintiffs are taxpaying citizens of the State of Iowa. Under authority given by statute the Iowa State Penitentiary: (1) employs two full-time chaplains (one Protestant, one Catholic) at annual salaries totaling $25,000, (2) employs a part-time chaplain at a salary of $216 monthly, (3) expends other funds in relation to chapel activities at the penitentiary. Separate chapel areas are reserved in a previously vacant industrial building for Catholic and Protestant congregate worship. Another group, calling themselves the Church of the New Song, utilizes the prison auditorium and also has office and meeting space elsewhere in the penitentiary.

The chaplains at the penitentiary are ordained clergymen who have received advanced training concerning institutional settings and counselling. They provide sectarian services. The Protestant services are general in nature. The Protestant chaplains provide service for inmates of all religious persuasion, including “minority religions.” Attendance by the prisoners at all services is purely voluntary. The chaplains provide substantial counselling service. Counselling is done on both a group and individual basis, at set times or on a crisis basis.

I. The trial court held providing for state supported chaplains and religious facilities does not violate the establishment clause of the First Amendment to the United States Constitution. Plaintiffs appeal from this portion of the trial court’s ruling.

The First Amendment to the United States Constitution states “Congress shall make no law respecting an establishment of [127]*127religion, or prohibiting the free exercise thereof * * The establishment and free exercise clauses of the First Amendment apply to legislation promulgated by states. Committee for Public Education & Religious Liberty v. Nyquist, 413 U.S. 756, 93 S.Ct. 2955, 37 L.Ed.2d 948 (1973); Presbyterian Church in United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 89 S.Ct. 601, 21 L.Ed.2d 658 (1969); Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. 900, 84 L.Ed. 1213 (1940). The establishment and free exercise clauses are related aspects of the constitutional scheme for church-state relations. The twin aspects have been described as follows:

“The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one hand it forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship * * *. On the other hand, it safeguards the free exercise of the chosen form of religion * * *. The interrelation of the ‘establishment’ and ‘free exercise’ clauses has been well summarized as follows: ‘The structure of our government has, for the preservation of civil liberty, rescued the temporal institutions from religious interference. On the other hand, it has secured religious liberty from the invasion of the civil authority.’ ” Annot., 37 L.Ed.2d 1147, 1157 (1974). See also Everson v. Board of Education, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711 (1946).

Because the two aspects are to some extent competing the United States Supreme Court has long struggled over their separate definitions and the difficulties of properly balancing them. In Everson, supra, 330 U.S. at 15-16, 67 S.Ct. at 511, 91 L.Ed. at 723, appears the following explanation:

“The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.’ (Authority).”

Decisions in succeeding decades have taught varied lessons on the subject. In Nyquist, supra, 413 U.S. at 771-772, 93 S.Ct. at 2964, 37 L.Ed.2d at 962, the following lines were drawn:

“ * * * It is enough to note that it is now firmly established that a law may be one ‘respecting an establishment of religion’ even though its consequence is not to promote a ‘state religion,’ (Authority), and even though it does not aid one religion more than another but merely benefits all religions alike. (Authority). It is equally well established, however, that not every law that confers an ‘indirect,’ ‘remote,’ or ‘incidental’ benefit upon religious institutions is, for that reason alone, constitutionally invalid. (Authorities). What our cases require is careful examination of any law challenged on establishment grounds with a view to ascertaining whether it furthers any of the evils against which that Clause protects. Primary among those evils have been ‘sponsorship, financial support, and active involvement of the sovereign in religious activities.’ (Authorities).”

Drawing from what it described as “the full sweep of the establishment clause cases” the United States Supreme Court in Nyquist, supra, laid down a three part test for determining whether laws which aid religious institutions violate the clause:

“ * * * [T]o pass muster under the Establishment Clause the law in question [128]*128first must reflect a clearly secular legislative purpose, (Authority), second, must have a primary effect that neither advances nor inhibits religion, (Authorities), and, third, must avoid excessive government entanglement with religion, (Authorities).” 413 U.S. 773, 93 S.Ct. at 2965, 37 L.Ed.2d at 962-963. See generally 16 C.J.S. Constitutional Law § 206(1), pp. 1017-1030; 16 Am. Jur.2d, Constitutional Law, §§ 336-340, pp. 645-657.

Plaintiffs argue the challenged legislation violates all three parts of the Ny-quist test and thus runs afoul of the establishment clause. The argument has force but ignores the companion free exercise clause with which the establishment clause must be balanced. The free exercise clause prohibits the making of a law which in any way interferes with the free exercise of religion.

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