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OPINION

Editorial: Religious rights apply even in public housing

Tuesday, August 25, 2009
(Updated 3:00 am)

 

Former High Point City Councilman Ron Wilkins lived in the federally subsidized Morehead Court Apartments for three years until early 2009.

A Baptist minister, he was flabbergasted to learn that the High Point Housing Authority recently notified residents of nearby Elm Villa, formerly called Elm Tower, they're no longer allowed to meet for voluntary religious services on the premises, except in individual apartments.

Wilkins said he led several Bible studies and worship services for residents at Morehead Court, which also is operated by the Housing Authority.

"I would really be upset if they told me I couldn't have a Bible study or a religious service down there," Wilkins said last week. "You're messing with people's religious rights."

People are really upset, and for good reason. Housing Authority officials seem to be misinterpreting regulations that prohibit organizations receiving federal Housing and Urban Development funds from "engaging in inherently religious activities." That's a perfectly good rule, but it should not apply to residents gathering to read the Bible or pray.

The Housing Authority is seeking guidance from HUD officials, but no clear answers are emerging. A spokesman at HUD's regional office in Atlanta told the News & Record last week that the general counsel there was conferring with HUD's general counsel in Washington and, "This will take time."

Maybe the lawyers should check their history. Exactly the same situation has come up before. Three years ago in South Carolina, for example, the issue was settled with a letter from Linda Cruciani, who was HUD's assistant general counsel for fair housing enforcement.

"The Fair Housing Act does not prohibit religious expression; it requires that applicants and tenants for housing be treated equally without regard to their particular religion," she wrote. Managers of public housing facilities "may allow religious activities in the common areas of these properties."

The fact that HUD attorneys are reviewing the High Point situation at length might indicate a change in how the Fair Housing Act is interpreted in Washington. If the government now plans to prohibit voluntary religious gatherings in publicly subsidized facilities, then similar activities also might be in jeopardy. A religious service led by a chaplain on a military base, for example, presents comparable facts. But it doesn't amount to an establishment of religion by the government and should not be forbidden.

HUD lawyers should conclude their deliberations and tell the High Point Housing Authority it made a mistake. "Messing with people's religious rights" is out of line.

Comments

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countryboy

August 25, 2009 - 7:12 am EDT

Thank you. This is case law that has been settled numerous times.

Panacea

August 25, 2009 - 2:55 pm EDT

I can see where the High Point officials are going with this. There is the potential of residents who are not of the faith of the church services being pressured to join a congregation that is not of their faith, or does not share their religious beliefs. That is what the First Amendment was written to prevent.

Still, there is nothing wrong with residents having an organized, voluntary service. Trying to have services in small apartments is impractical.

There should be a complaint process if the organized services get pushy with residents to join, as unlikely as I think that is to happen, and let these folks have their time of worship.

oh good grief

August 25, 2009 - 10:39 pm EDT

Because they would hold their religious service in the "common room" of the facility on a Sunday (I believe I read that previously) I would urge the participants not to make the service or the gathering of people so long that it does infringe on other Elm Villa residents' rights to enjoy the "common room." Because the facility also houses some disabled people, and because families like to visit their loved ones on Sundays, I would suggest that the religious services begin at 10:00 or 10:30 in the morning so that at least by noon the "common room" would be available for other residents and their families and friends to enjoy.

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