FELLOWSHIP BAPTIST CHURCH v. BENTON

Civ. No. 81-546-C.

620 F.Supp. 308 (1985)

FELLOWSHIP BAPTIST CHURCH, et al., Plaintiffs, v. Robert T. BENTON, et al., Defendants.

United States District Court, S.D. Iowa, C.D.

September 26, 1985.


Attorney(s) appearing for the Case

Charles E. Craze and Daniel Loomis, Gibbs & Craze, Parma Heights, Ohio and Craig Hasting & Terry Hamilton, Clark, Clark & Hastings, Ames, Iowa, for plaintiffs.

Thomas J. Miller, Atty. Gen. of Iowa, Merle Fleming, Asst. Atty. Gen., and Ivan T. Webber, Keokuk, Iowa, for defendants.


ORDER

STUART, District Judge.

This lawsuit involves the serious tensions that result when the religious freedoms guaranteed by the First Amendment to the United States Constitution appear to be in conflict with the state's compelling interest in seeing that its children are properly educated.

Plaintiffs are two churches which operate Christian schools in Marshalltown and Keokuk, Iowa, as part of their "educational ministry"; the churches' pastors...

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