ARCHDIOCESE OF WASHINGTON SEEKS RELIEF IN U.S. COURT OF APPEALS

The Archdiocese of Washington was in  the U.S. Court of Appeals for the District of Columbia Circuit in March, arguing that the Washington Metropolitan Area Transit Authority’s (WMATA) ban on any religious-themed advertisements is unconstitutional.

In October of last year, the WMATA rejected a series of ads from the Archdiocese which featured a biblical scene and a message about attending Mass and donating to charity. The ads were intended to run during the Christmas season. 

The Archdiocese filed suit in late November, alleging discrimination.

In 2015, WMATA had banned all advertisements that concerned religion, including those both promoting or condemning a particular faith. This ban came after a group attempted to place anti-Muslim advertisements on busses and subway cars.

Despite the supposed ban on religious-themed advertisements, WMATA displayed an advertisement for the Salvation Army after it rejected the Archdiocese of Washington’s advertisements. The Salvation Army is an ecclesial community which has a large charity drive during the Christmas season.

Previously, a district court sided with WMATA and denied the Archdiocese's request for an injunction, saying the case would not likely succeed on religious freedom or free speech grounds.

The Department of Justice has filed an amicus brief in support of the Archdiocese of Washington in January.

“WMATA’s policy constitutes unconstitutional viewpoint discrimination. The policy directly contravenes Supreme Court precedents that preclude the government from disfavoring speech from a religious perspective,” wrote the Department of Justice.  “The result is that messages encouraging religious exercise—a right also protected by the First Amendment—are singled out as unacceptable.”

The decision of the Appeals Court may either end this dispute or require the Archdiocese to seek relief by appeal to the U.S. Supreme Court.  

We await the the court’s decision with much anticipation for the importance and impact upon religious expression in this country.