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Court Enjoins Georgia's Ban on Sex Offenders As Church Volunteers

By Howard M. Friedman

In Whitaker v. Perdue, (ND GA, March 30, 2009), a Georgia federal district court issued a preliminary injunction to prevent enforcement of provisions in Georgia's sex offender law to the extent that it restricts registered sex offenders from engaging in volunteer activities at churches. The court found that the prohibition in O.C.G.A. § 42-1-15(c)(1) against registered sex offenders being employed by or volunteering at any church is unconstitutionally vague. In particular, there is substantial confusion over what type of participation in church activities turns the individual into a "volunteer" under the statute. In deciding to grant the preliminary injunction, the court said that allowing registered sex offenders "to participate in their faith communities will further public safety by providing support, stability, and a grounded sense of right and wrong. Both the Board of Pardons and Paroles and the GDC recognize that encouraging people to be involved with faith-based programs will reduce recidivism."

Other portions of the court's 39-page opinion dealt with class certification and refused to dismiss plaintiffs' takings clause claims. Yesterday's Gainesville (GA) Times reported on the decision.

Full post as published by Religion Clause on April 02, 2009 (boomark / email).