Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 13 of 36
“carried and allowed others to carry” concealed firearms at church “to ensure protection of the Church and its worshippers in case of violent confrontation” in accordance with their religious beliefs. Id. He would have continued to do so “but for the enactment and enforcement” of the place of worship exclusion. Id.
The State argues that the place of worship exclusion “does not foreclose Plaintiffs’ ability to protect worshippers at [the] [C]hurch with armed individuals.” Dkt. 43, at 9. The statute, it explains, “provides alternative mechanisms for Plaintiffs to secure the safety of their congregation” such as permitting certain categories of people—such as police officers and registered security guards—to carry at Church without violating the place of worship exclusion. Id. This does not relieve the burden the new law places upon Plaintiffs’ religious practices.
Pastor Spencer testified that members of the Church’s security team of congregants protect the congregation pursuant to a calling from God. Hired outside security, Spencer believes, is not an adequate substitute because such individuals would be working for a paycheck—not acting pursuant to a spiritual calling. For this reason, he believes hired security would be far less effective than the organic security team at protecting the flock. But it does not ultimately matter whether he is correct that hired security—armed or not—would effectively protect the congregation. Pastor Spencer and Church members have a religious belief that they, themselves, must protect the flock. Indeed, religious beliefs “need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection.” Church of the Lukumi Babalu Aye, Inc., 508 U.S. at 531
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