wfn.org | Episcopalians: Bishop of Minnesota joins lawsuit challenging state's new 'concea

[dmack@episcopalchurch.org]

May 23, 2003

2003-114

Episcopalians: Bishop of Minnesota joins lawsuit challenging 
state's new 'concea

by Joe Bjordal

(ENS) Bishop James L. Jelinek of the Diocese of Minnesota has 
joined a lawsuit that seeks to challenge the constitutionality 
of a recently enacted Minnesota statute permitting concealed 
handguns in various places, including the parking lots of church 
buildings. 

According to the new law, called the Minnesota Citizens' 
Personal Protection Act of 2003, concealed weapons can be banned 
inside church buildings but only by the posting of signs and 
verbal notification. It is to become effective 30 days after 
enactment, May 28, 2003. 

"The Episcopal Church has adopted a theme of 'waging 
reconciliation' based on the teachings of Jesus," said Jelinek 
on May 22. "By my stand today I am saying that we should not 
stand for any more ways that tempt people to take out their 
anger and frustration on other human beings. This new law is 
simply inconsistent with our stance and our call to be agents of 
peace and reconciliation in the world."

The lawsuit, the first to challenge the new law, was filed May 
20 by Edina Community Lutheran Church in Edina, Minnesota. The 
attorney representing the congregation, former US Attorney David 
Lillehaug, now in private practice in Minneapolis, reported that 
six other congregations have already signed on as additional 
plaintiffs and that several others, representing Christian, 
Jewish, and Islamic faiths, are considering joining the lawsuit. 
Jelinek becomes the first local leader of a denomination to join 
the lawsuit.

Handgun controversy not new

This is not the first time an Episcopal diocese has been caught 
up in controversy over concealed handguns.

Utah's legislature passed a statute in 1999 requiring private 
property owners who feel their buildings are not appropriate 
places to carry concealed guns to post notices specifically 
prohibiting people from carrying weapons inside. The Episcopal 
Diocese of Utah produced a sign stating that guns are not 
welcome in its church buildings, and each congregation in the 
diocese was asked to put the sign in a visible place on its 
property, in keeping with the requirements of the new statute. 

In 2003 the state legislature revised the law, no longer 
requiring the signs.  It allows churches that do not welcome 
concealed weapons to be listed with the state.	If a person 
carrying a concealed handgun is found on church property, police 
may be called and the violator cited and removed from the 
church.  The violation is not even a misdemeanor nor is it cause 
to lose the concealed weapon permit. 

The diocese also joined in a four-year petition drive against 
the concealed handguns law which failed to get enough signatures 
for a ballot initiative. The petition effort for the ban, called 
"Safe to Learn, Safe to Worship," was renewed last year.

The 2000 General Convention also passed three resolutions 
addressing the handgun issue, including one (B007) that called 
upon all members of the church to "work intentionally in their 
several committees, legislatures, and institutions toward the 
removal of handguns and assault weapons from our homes, other 
residential communities, and vehicles."

Notification requirement interferes with churches' rights

In deciding to join the lawsuit, Jelinek took action on behalf 
of those congregations and organizations which he legally heads: 
the mission congregations of the diocese, Cass Lake Episcopal 
Camp, the Episcopal House of Prayer, and the Episcopal Center in 
Minneapolis. Members of the Diocesan Council will be officially 
polled to determine if he should join the lawsuit on behalf of 
the parishes and organizations of the entire diocese as well.

Under the law, churches cannot ban concealed handguns from their 
parking lots and can only ban guns inside their buildings by 
posting signs at every entrance with specific language 
prescribed by the new statute and by a personal notification to 
persons suspected of carrying a concealed weapon.

According to a press release by the Edina congregation, the suit 
specifically contends that the act "controls and interferes with 
plaintiffs' rights of conscience and burdens the exercise of 
plaintiffs' religious beliefs by 1) preventing churches from 
prohibiting firearms in their parking areas; 2) preventing 
churches as employers from prohibiting their employees from 
carrying or possessing firearms in their parking areas; 3) 
preventing churches, as landlords, from prohibiting firearms in 
leased space; and 4) requiring churches to communicate their 
prohibition of firearms by specific words on a specific form of 
sign at specific locations, all dictated by the state rather 
than chosen by the churches, and 5) requiring churches to modify 
their customary welcome of worshipers and other persons entering 
church buildings to include personal notification of the 
church's prohibition of firearms and demand for compliance."

Lillehaug plans to amend the original complaint to include the 
new plaintiffs on the very day the new law is scheduled to go 
into effect.

Concerns about General Convention

Jelinek also expressed a concern regarding the upcoming General 
Convention of the Episcopal Church, which runs for 10 full days 
at the Minneapolis Convention Center beginning July 30. Protests 
are anticipated over several issues, including the church's 
stance on the inclusion of gay, lesbian, bisexual, and 
transgendered persons and consideration of same-sex blessings. 
He expressed concern over the new addition of possible concealed 
weapons to these situations.

"I am certain," he said, "that even those persons who would not 
vote in approval of same-sex blessings in our churches would not 
want to increase any opportunity for violence during these 
potentially heated demonstrations."

All of this comes about, in part, because of a straw vote taken 
at a spring clergy conference, at which an overwhelming majority 
of those present encouraged Jelinek and the diocese to move 
forward in finding ways to voice opposition to the new gun law. 
When one priest suggested that the bishop should continue to "be 
a prophetic voice" by taking public stands on various issues and 
that he did not always require a vote to do so, there was 
spontaneous applause.

The Rev. Canon Susan Moss, Metro-Area canon missioner and the 
Rev. Andrew Waldo, rector of Trinity Church, Excelsior, both of 
whom attended the meeting, reported that they are developing 
suggestions and resources for congregations who may want to 
demonstrate their opposition to the new law.

Complex sign requirements

According to the new statute, the owner or operator of a 
"private establishment" may prohibit the carrying of a firearm 
in that establishment by making a "reasonable request" that 
firearms not be brought into the establishment. A "private 
establishment" means "a building, structure, or portion thereof 
that is owned, leased, controlled, or operated by a 
non-governmental entity for a non-governmental purpose." 
Churches and places of worship are included in this designation.

A "reasonable request" means the prominent posting of a 
conspicuous sign at every entrance to the establishment 
containing the following language: "[NAME OF COMPANY/AGENCY] 
BANS GUNS IN THESE PREMISES." "Prominently" means the sign must 
be readily visible and within four feet laterally of the 
entrance with the bottom of the sign at a height of four to six 
feet above the floor. "Conspicuous" means it must contain 
lettering in black Arial typeface at least 1-1/2 inches in 
height against a contrasting background that is at least 187 
inches in area. In addition, the requestor must personally 
inform the person carrying the firearm of the posted requirement 
and demand compliance.

Jelinek has encouraged congregations in the diocese of Minnesota 
to post a sign that reads "This Episcopal Church Bans Guns in 
These Premises." 

"I have faithfully considered the implications of this 
legislation, and am compelled to uphold our faith community's 
right to free religious expression, commitment to peacemaking, 
and to assure a safe and welcome sanctuary for all people," said 
Jelinek. "I encourage you to post this sign in your congregation 
banning guns from the premises."

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--Joe Bjordal is the e-communications manager for the Diocese of 
Minnesota. Additional material for this article was contributed 
by the Rev. Dan Webster, communications director for the Diocese 
of Utah.