Harland Maylon v Pierce County :: 131 Wn2d 779
Category: First Amendment
This case is about the constitutionality of religious freedom. It involved the use of volunteer chaplains by the Pierce County Sheriff department. This practice has been authorized by statute by the Legislature. It was undisputed that no public funds were expended to pay these volunteers, although public money was used to alleviate some overhead expenses. The public funds were in the form of office space, insurance, police jackets, radios and such items necessary to carry out the work. The actual funding of the chaplains’ work and adjunct costs was by private parties, churches and business.
The work of the chaplains, according to contract and practice was largely secular. The problem Mr. Malyon had with the program is that there were instances of consensual religious practice, as when a chaplain would offer a prayer or make reference to God. The trial judge disagreed that this practice violated any First Amendment protections. The Appellate Court, however, reversed him. So the case traveled to the Supreme Court.
Justice Sanders begins the examination of the constitutional issue with an examination of the constitutional text. “Appropriate constitutional analysis begins with the text and, for most purposes should end there as well.” [at 799]. The majority found that, while there are distinct differences between the federal and State constitutions, “we note religious freedom is the overall objective of each.” [at 790]. “It was never the intention that our [C]onstitution should be construed in any manner indicating hostility toward any religion. . . . Our responsibility is not to purge religion from society; it is to protect each citizen’s right to religious liberty.” [at 785].
Eternal vigilance is the price of liberty; sometimes it pays to work to get good judges elected to office.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Durham, Barbara | |
| pass | Guy, Richard | |
| pass | Hamilton, Daniel R | |
| pass | Johnson, Charles | |
| pass | Landenburg, John | |
| pass | Sanders, Richard | |
| pass | Thompson, Donald H | |
| fail | Albertson, Dan M | |
| fail | Dolliver, James | |
| fail | Madsen, Barbara | |
| fail | Seinfeld, Karen | |
| fail | Smith, Charles | |
| fail | Wiggins, Charles K |