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Government worker can't proselytize, court rules.


A federal appeals court has sided with California county officials who barred an employee from proselytizing on the job.

On May 1, the 9th U.S. Circuit Court of Appeals ruled in Berry containing ova or spawn.

See also: Berry
 v. Dept. of Social Services social services
Noun, pl

welfare services provided by local authorities or a state agency for people with particular social needs

social services nplservicios mpl sociales 
, that officials of the Tehama County Department of Social Services did not violate the constitutional rights of an employee by ordering him to stop displaying religious messages in his workspace and using a conference room for group prayer sessions.

A three-judge panel of the 9th Circuit upheld a lower court's ruling that department officials were justified in barring Daniel Berry from promoting his religious beliefs while in his official capacity. The 9th Circuit said Tehama officials' "need to avoid possible violations" of the First Amendment principle of church-state separation "outweighs the restriction's curtailment Curtailment

The act of contracting or reducing operations of a company in the hope of bringing it financial or operational stability. This management technique is often used when a company has grown too fast and is unable to effectively manage its operations.
 of Mr. Berry's religious speech on the job."

Berry brought his lawsuit against Tehama county officials in 2002. He argued that county officials barred him from sharing his religious beliefs with clients, ordered him to remove a "Happy Birthday Jesus" sign from his cubicle and told him to keep his Bible inside of his desk. He argued that all of the actions taken against him by the department amounted to religious discrimination in violation of the Civil Rights Act of 1964.

The 9th Circuit concluded that Tehama County officials did not violate any of Berry's constitutional rights.

The court found that the department did not bar its employees from discussing religion among themselves, only that they refrain from such discussion with clients. Employees are allowed to display religious items, except in areas where a client might presume pre·sume  
v. pre·sumed, pre·sum·ing, pre·sumes

v.tr.
1. To take for granted as being true in the absence of proof to the contrary: We presumed she was innocent.
 government endorsement of religion. Staff members also were allowed to conduct prayer meetings in the break room or outside, but were prohibited from doing so in the conference room.

All of the county's policies were reasonable, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the 9th Circuit, and were necessary to ensure the department did not run afoul of a·foul of  
prep.
1. In or into collision, entanglement, or conflict with.

2. Up against; in trouble with: ran afoul of the law. 
 the separation of church and state
See also: .
Separation of church and state is a political and legal doctrine which states that government and religious institutions are to be kept separate and independent of one another.
.
COPYRIGHT 2006 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:Daniel Berry
Publication:Church & State
Geographic Code:1U9CA
Date:Jun 1, 2006
Words:327
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