ACLU argues on behalf of churches, gun owners

Dear Editor,

Owen J. McPhillips criticized the ACLU for failing to act on two issues: the First Amendment guarantee of free exercise of religion, and the Second Amendment.

Last year, ACLU Nebraska participated in a case before the Nebraska Supreme Court regarding how the state defined a church. We argued, and the court found, that the definition used by the state restricted the free exercise of religion by a small Omaha Christian church. Recently, our board authorized litigation on behalf of a Christian church that was ordered to vacate their building permit due to zoning restrictions.

Nationally, the ACLU has offered legal support to churches of many denominations.

There is little demand for the ACLU to take Second Amendment cases because single-issue groups such as the NRA actively seek them out. ACLU Nebraska has taken on one such case regarding the refusal of a county sheriff to issue a pistol permit, and we will accept or reject other gun cases based on our evaluation of a specific set of facts.

We have to be selective in the cases we take; we do not have unlimited resources to fight every battle. We take those cases in which a constitutional right has been violated, where no other organization or attorney is available to help, and where our resources allow us to intervene. We have been doing this nationally since 1920 and in Nebraska since 1966. We will continue to do so.

Tim Butz

Executive Director

ACLU Nebraska