Signs for the various DC Mayoral and Council candidates are seen in Northwest Washington, D.C. in March 2014. The U.S. Supreme Court on Thursday struck down an Arizona town's law that treats religious signs directing worshippers to church service different than other signs, such as political or real estate advertisements. File Photo by UPI/Kevin Dietsch |
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WASHINGTON, June 19 (UPI) -- The U.S. Supreme Court on Thursday struck down an Arizona town's law that treats religious signs, directing worshipers to church service, different than other signs such as political or real estate advertisements.
In a unanimous decision that has nationwide implications, the court concluded that the sign ordinance in Gilbert, Ariz., was unconstitutional by limiting free speech, voting in favor of the tiny Good News Community Church. The church has had a protracted dispute with the town of Gilbert, Ariz. over temporary signs planted in public right of ways directing the public to church services. Gilbert provided more leeway for political signs that it did for religious-based signs.
The ruling will now make it more difficult for municipalities to treat signs different based on content. Justice Elena Kagan, in agreeing with the court's opinion, warned the decision could put sign ordinances nationwide in legal jeopardy.
"The consequence — unless courts water down strict scrutiny to something unrecognizable — is that our communities will find themselves in an unenviable bind: They will have to either repeal the exemptions that allow for helpful signs on streets and sidewalks, or else lift their sign restrictions altogether and resign themselves to the resulting clutter," Kagan wrote, joined by Justices Ruth Bader Ginsburg and Stephen G. Breyer.
In the ruling, Justice Clarence Thomas, writing for the court, and five other justices decided the town's ordinance is based on the content of the sign and requires the court's First Amendment protection.
"The First Amendment ... prohibits the enactment of laws 'abridging the freedom of speech,'" Thomas wrote. "Under that clause, a government, including a municipal government vested with state authority, has no power to restrict expression because of its message, its ideas, its subject matter or its content."
Good News church pastor, the Rev. Clyde Reed, said he was grateful for the Supreme Court's decision, after the long-running battle with the town that began in 2007.
"I've been a pastor for over 40 years, and believe me when I say I never dreamed my small church signs would be a topic for the U.S. Supreme Court," Reed said. "The government shouldn't be able to treat our church's religious speech worse than it treats other speech, like politicians' speech."
