St. George • A Washington City Council member’s plea in the southern Utah city’s newsletter for residents to seek the Savior during the holidays could result in a come-to-Jesus moment for municipal leaders.
Americans United for the Separation of Church and State is asking officials to take down a religious message on the city’s website and to refrain from sending any more religious missives to residents in its newsletter.
The Washington-based nonprofit, which is dedicated to maintaining a wall between religion and government, is giving the city 30 days to respond before considering further action.
“The Washington City Council exists to serve all citizens of the city, regardless of faith or belief,” Americans United stated in a Dec. 19 letter to city officials. “Using the city’s access to public utility bills and its official website to encourage worship in the Christian faith sends the message that the City Council favors those who follow its preferred religion and that nonbelievers will be treated differently.”
At issue is a religious message council member Kimberly Casperson posted this month in the Council’s Corner on the city’s website urging residents to “celebrate the birth of Jesus Christ and the light and peace he gives to all.”
“I know the holidays can be difficult when you have lost loved ones or when you are experiencing hardships or health issues, but I know that Jesus Christ can help soften the burdens and pains we carry in this life,” she wrote. “We just need to seek him, and he will walk beside us and lift us in our difficulties.”
Americans United officials call Casperson’s message a clear violation of the separation of church and state along with the U.S. and Utah constitutions.
“Government officials should never promote or express a preference for a particular religion or proselytize any religion,” said Alex Luchenitser, the organization’s associate vice president and interim legal director. “This message is preferencing and pushing Christianity above all other religious beliefs. It’s not the business of public officials to tell people they should follow Jesus Christ. [Casperson] has a right as a council member to believe and practice any religion she wants. But, as a public official, she should not be pushing her religion on her constituents.”
Mayor Kress Staheli declined to comment other than to acknowledge receipt of the letter. But in an earlier conversation, before receiving the letter, city officials defended Casperson and her First Amendment right to express her opinion.
Council member ‘felt it appropriate’
Jordan Hess, legislative affairs director for Washington City, said council members take turns posting messages on the municipal website and the newsletter, the latter of which is mailed to residents each month with their utility bills.
Hess said the mayor maintains a hands-off approach as to the content of those messages.
“The council can write whatever message they want to choose,” Hess said. “... We just let them use their First Amendment [right] to share what message they want to share with the city.”
He said elected officials don’t lose their right to free speech once they are elected to office.
“So [Casperson] felt it appropriate to share her thoughts about the Christmas season and the reason she celebrates Christmas,” Hess said. “... Most residents would welcome that type of message in Washington City.”
Casperson declined to be interviewed but defended the city and her actions in an email.
“We welcome and respect people from all faiths in this community,” she stated. “Moreover, before every City Council meeting, we pray together as a community and invite leaders from many different religious groups to offer a prayer or share their thoughts and religious expressions.”
Among the council member’s many defenders is St. George resident Jackson Mecham, who learned about Casperson’s religious message from a sister who lives in Washington City.
“This is God’s country,” he said. “We worship Jesus, revere Donald J. Trump and salute the American flag. We don’t bow down to woke liberal Democrats telling us how and where to worship. They can go to hell. I’ll even help them pack.”
Ditto for Larry Meyers, one of about 200 residents who posted opinions on the Washington City Matters Facebook page.
“If we only say things that won’t ‘offend’ or differ from someone’s beliefs,” Meyers wrote, “we’ll never say anything at all. Put on the big-boy/girl pants and ‘tolerate’ the Christians.”
Asked her opinion, resident Lori Hansen disagreed, even though she acknowledges she is likely in the minority.
“Casperson has good intentions and is sincere in her desire to share an uplifting message,” she said. “However, I don’t think a newsletter or website paid for by taxpayers, some of whom may not be Christian or follow any faith tradition, is an appropriate place to do that.”
Does it violate the U.S., Utah constitutions?
Not only is it inappropriate, Americans United officials argue in the Dec. 19 letter, it is against the law. To explain the problem with city officials’ religious messages, Kalli Joslin, constitutional litigation fellow for the nonprofit, pointed to the First Amendment, which expressly states “Congress shall make no law respecting an establishment of religion.”
“The establishment clause thus stands as an expression of principle on the part of the founders of our Constitution that religion is too personal, too sacred, too holy to permit its ‘unhallowed perversion’ by a civil magistrate,” Joslin wrote, quoting a 1962 Supreme Court ruling, while adding that “Councilwoman Casperson’s promotion of a particular religion in official council communications flies in the face of those historical understandings.”
For his part, Luchenitser noted that the Utah Constitution is even more specific about the separation of church and state. In part, it reads:
“The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. … There shall be no union of church and state, nor shall any church dominate the state or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment.”
Americans United is asking Washington City officials to respond within 30 days about how they plan to proceed with the removal of the religious message and to ensure such messages are not sent in the future.
“We are hopeful that our letter will be sufficient to resolve this issue,” Luchenitser said. “If it isn’t, we would assess the situation as it exists at the time and would explore all options for further action.”
Americans United is involved in litigation on a number of issues involving religion and the separation of church and state, recently supporting former Latter-day Saint James Huntsman in his lawsuit against The Church of Jesus Christ of Latter-day Saints over tithing.
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