Cincinnati-based social-conservative group Citizens for Community Values was successful in suing the Upper Arlington Public Library for the policy-breaking right to pray and sing in our meeting rooms.
The lawsuit began when CCV wanted to hold meetings at the UA Public Library that would include a discussion of the intersection of politics and religion, as well as a "prayer petitioning God for guidance in the church's proper role in the political process" and "singing praise and giving thanks to God." See 'Conservative group sues Upper Arlington library over canceled meeting'
Other federal courts do not agree with U.S. District Judge George C. Smith on this issue. See 'Library's ban on prayer service upheld on appeal'.
"The county has a legitimate interest in ... excluding meeting room activities that may interfere with the library's primary function as a sanctuary for reading, writing and quiet contemplation," and in preventing the room from being "transformed into an occasional house of worship," Judge Richard Paez said in the majority opinion.
The Ninth Circuit Court was concerned that the controversy and distraction of religious worship within the library, including singing and praying within the library meeting rooms, may alienate patrons and undermine the library's purpose of making itself available to the whole community. Here's the majority opinion along with KARLTON, Senior District Judge, Concurring:
"This should be a simple case it asks whether the county can be forced to subsidize a religious organization’s prayer meetings by requiring it to provide the religious organization with a free place to worship. A quick reading of the First Amendment to the Constitution of the United States should answer the question. Judge Paez’s opinion tracks the cases and reaches its laborious result because the law has so elaborated that the reaching of the conclusion requires the effort the opinion demonstrates. As I now explain, that elaboration is premised on a failure to accept the plain meaning of the First Amendment."
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In fact, CCV was not barred from using the UA library meeting space to discuss religion or any other topic. But library policy prohibits prayer and singing as "inherent elements of religious service."
Judge Smith did not give an opinion on the constitutionality of the UA Library's policy of precluding religious services.
