ADF steps in for group shut out of Mont. employee giving program

BILLINGS, Mont. — Attorneys with the Alliance Defense Fund filed a lawsuit in federal court Thursday on behalf of the Montana Family Foundation, which was excluded from the Montana State Employee Charitable Giving Campaign even though other issue advocacy and religious groups were allowed to participate. The program allows state employees to voluntarily donate a portion of their paycheck to groups such as NARAL Pro-Choice America Foundation, the ACLU of Montana Foundation, and even other religious groups, but MFF was refused because it engages in “sectarian activities,” which the state defines as including religious expression.

“Christian groups shouldn’t be penalized for their beliefs,” said ADF Senior Counsel Nate Kellum. “Government officials are denying state employees the opportunity to give to one group, while allowing them to contribute to groups with other views and activities that the state is more fond of. The result is that organizations that promote Christian principles in the way MFF does are effectively shut out from participation in the campaign, and that’s simply unconstitutional.”

In May 2009, MFF submitted an application to participate in the 2009 State Employees’ Charitable Giving Campaign. Previous participants in the program included The Sierra Club Foundation, ACLU of Montana Foundation, NARAL Pro-Choice Montana Foundation, God’s Love Shelter, and Catholic Social Services of Montana.

Although the mission of MFF is “supporting, protecting, and strengthening Montana families,” MFF received a letter in May 2009 rejecting their application stating, “Our eligibility requirements…state that an organization ‘not have sectarian activities as the primary focus.’” Because the state includes religious expression in its definition of “sectarian activities,” ADF attorneys argue that the state is engaging in viewpoint discrimination by denying MFF participation in the program simply because MFF promotes a religious viewpoint.

The complaint filed in Montana Family Foundation v. Stoll with the U.S. District Court of Montana, Billings Division, states, “The impact of deterring MFF from exercising its constitutional rights constitutes irreparable harm to MFF. The deterring effect also causes MFF to lose funds and resources that MFF would use to communicate its message…. Moreover, the Campaign further dilutes MFF’s message by allowing for the participation of various groups with polar-opposite viewpoints.”

ADF attorneys are asking the court for a preliminary and permanent injunction that will allow MFF to participate in the 2010 charitable giving campaign. Bozeman attorney Matthew G. Monforton, one of more than 1,600 attorneys in the ADF alliance, is serving as local counsel on the case.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.