Federal judge blocks enforcement of Georgia law prohibiting sex offenders from volunteering in church

As detailed in this local article, federal district judge on Monday “granted a preliminary injunction that overturns a provision of Georgia’s sex offender law [that] prohibited registered sex offenders from volunteering in churches.” Here are more details from the article:

The Southern Center for Human Rights challenged the constitutionality of the restriction, saying it criminalized protected religious activity. The center has a pending lawsuit against Gov. Sonny Perdue which also challenges a restriction that would prevent sex offenders from living within 1,000 feet of a school bus stop. That restriction is also on hold, pending the outcome of the court case.

U.S. District Judge Clarence Cooper wrote in a ruling that church activity was recognized by state correction officials as a benefit for convicted criminals that helps reduce recidivism. “Allowing plaintiffs to continue to participate in their faith communities will further public safety by providing support, stability and a grounded sense of right and wrong,” Cooper wrote.

Cooper found the law banning sex offenders from volunteering in churches to be unconstitutionally vague, according to Sarah Geraghty, an attorney with the Southern Center of Human Rights. “It was the only way to rule consistent with the Constitution,” Geraghty said. ” Certain people on the registry should not work with children in a church setting or elsewhere, but criminalizing the practice of religion does more harm than good, and that’s what this statute did,” Geraghty said. Geraghty said the law would make participating in Bible study a crime for sex offenders punishable by 10 to 30 years in prison.

The full ruling in Whitaker v. Perdue, No. 4:06-CV-0140-CC (N.D. Ga. March 30, 2009), can be accessed at this link.