Tennessee Attorney General Jonathan Skrmetti has joined First Liberty’s legal battle to defend the rights of our client Brad Tumey, a resident of the community. Morristown is preventing Brad from holding a prayer vigil for Charlie Kirk on the downtown green space due to a local ordinance that explicitly bans religious activities and gatherings in that venue.
Skrmetti sent a letter criticizing the ordinance for blatantly discriminating against religion, warning the city against future enforcement of it. This warning followed First Liberty’s letter advising the city how the blanket ban on religious activity directly violates Brad’s constitutional rights.
After receiving our letter, Morristown refused to back down. Instead, it doubled down and said it wasn’t going to approve the religious gathering. But the egregious restriction caught the attention of the Attorney General.
“Tennessee law prohibits denying a person the full and equal enjoyment of a public accommodation on the grounds of religion,” Skrmetti wrote in the letter. “Should Morristown enforce Section 9-204 as written, the City would be treating activities differently on the basis of religion and would therefore be in violation of Tennessee’s Human Rights Act.”
Not mincing any words, Skrmetti echoed First Liberty’s stance, saying, “if it comes to it, we will file suit and fight hard to vindicate Tennesseans’ religious liberty.”
“We appreciate Attorney General Skrmetti’s support for religious freedom,” said Nate Kellum, Senior Counsel at First Liberty. “As he observes in his letter, Morristown’s ban on religious activity in a public sphere violates the state’s public accommodation law in addition to the First Amendment. We hope that the city will finally see the light and let Mr. Tumey hold a prayer vigil in the downtown space.”
Following the news of Charlie Kirk’s passing, Brad and others in the community decided they’d gather to pray on the downtown green space, which is owned and maintained by Morristown.
However, a director for the local Chamber of Commerce told them that events held on the green required a pre-approved permit and that religious activities in particular were not allowed.
Although these comments gave him reason for pause, he had a hard time believing the city would censor religious activity and speech. But that’s exactly what happened.
According to the city, its ordinance prohibits the use of the public space for “political and religious activities.” However, it allows a wide variety of activities on the downtown green, such as family reunions, car shows, dances and concerts.
With the support of the attorney general, we’re asking the city to approve Brad’s vigil, so he can freely express his faith along with so many others in his community who are turning to faith as they grieve and process the tragedy of Kirk’s death.
Stopping someone from peacefully gathering and praying in a public space is contrary to what religious freedom and free speech in America are all about. The city needs to do what’s right, follow the law, and provide assurance that it will no longer enforce its unconstitutional policy.
