Atheist parolee jailed for refusing to attend church services wins $100K settlement

Michie · Jun 25, 2024

An atheist parolee in Colorado jailed for refusing to follow a court order requiring him to take part in a Christian mission's worship services has won a $100,000 settlement.

In a settlement agreement with the Colorado Department of Corrections filed in court last week, Mark Janny was awarded $100,000 in monetary damages. Janny was on parole in 2015 and was required to live at a Christian homeless mission and participate in Bible study, church services and religious counseling.

He was incarcerated for five months when he refused to do so.

Janny was represented by the secular legal groups the American Civil Liberties Union and Americans United for Separation of Church and State, as well as DLA Piper LLP.

"This is a victory for Mark Janny and for religious freedom," said Americans United President Rachel Laser in a statement.

"Our country's fundamental principle of church-state separation guarantees that everyone has the right to believe as they choose, so long as they don't harm others. Jailing someone for refusing to attend worship services and to engage in Bible study is not religious freedom — it's religious coercion."

Continued below.

Atheist parolee jailed for refusing to attend church services wins $100K settlement

An atheist parolee in Colorado who was jailed for refusing to follow a court order requiring him to take part in a Christian mission s worship services has won a 100,000 settlement

www.christianpost.com

com7fy8 · Jun 25, 2024

If I was in charge of the mission or study and I knew he was being forced, I think I would have offered to him that we would refuse to accept him against his will.

Will Joseph · Jun 25, 2024

only in America

Yarddog · Jun 25, 2024

com7fy8 said:
If I was in charge of the mission or study and I knew he was being forced, I think I would have offered to him that we would refuse to accept him against his will.

I would accept him there but not force him to attend religious meetings. Having him there gives the Holy Spirit the chance to work miracles.

Yarddog · Jun 25, 2024

Will Joseph said:
only in America

Not really. Religious freedom is a right in many countries.

com7fy8 · Jun 26, 2024

Yarddog said:
I would accept him there but not force him to attend religious meetings. Having him there gives the Holy Spirit the chance to work miracles.

It looks like the mission had the rule that he attend the Bible study. And the authorities were therefore obligated to find him another location.

If they have the rule, this might be so a number of others also don't skip the class. And they mainly have the mission for ones who want to learn the word of God. So, I see how they might want to use a bed for an interested person and not for the atheist who is trying to stay out of jail.

But yes God could use that, if they let him stay there.

I have been told about a group of church ministry people who do not give assistance unless a person comes to their Bible study.

But others would give help freely and say that helping is the Bible study.

Arcangl86 · Jun 26, 2024

com7fy8 said:
It looks like the mission had the rule that he attend the Bible study. And the authorities were therefore obligated to find him another location.

Agreed

com7fy8 said:
If they have the rule, this might be so a number of others also don't skip the class. And they mainly have the mission for ones who want to learn the word of God.

Eh I would argue that. As somebody who has done work in this area, a lot of the people who use these services are simply doing it for a place to live. But a lot of shelters are like this one in that they require participation in bible study of worship. Which I personally really dislike because it's coercive and IMO extremely bad evangelism.

FireDragon76 · Jun 26, 2024

Arcangl86 said:
Agreed

Eh I would argue that. As somebody who has done work in this area, a lot of the people who use these services are simply doing it for a place to live. But a lot of shelters are like this one in that they require participation in bible study of worship. Which I personally really dislike because it's coercive and IMO extremely bad evangelism.

Yes, it's extremely unethical.

The Barbarian · Jun 26, 2024

com7fy8 said:
If I was in charge of the mission or study and I knew he was being forced, I think I would have offered to him that we would refuse to accept him against his will.

What Christian minister would agree to force a man like this? Well said.

David Lamb · Jun 27, 2024

Yarddog said:
I would accept him there but not force him to attend religious meetings. Having him there gives the Holy Spirit the chance to work miracles.

You mean you believe that the Holy Spirit would work a miracle in the man's life if he were not
living at the Christian Homeless Mission?

Arcangl86 · Jun 27, 2024

The Barbarian said:
What Christian minister would agree to force a man like this? Well said.

Except of course by refusing him in this case you are sending him back to jail.

Yarddog · Jun 27, 2024

David Lamb said:
You mean you believe that the Holy Spirit would work a miracle in the man's life if he were not
living at the Christian Homeless Mission?

Did I say that?

Adam56 · Jun 27, 2024

Weird case. Definitely seems unconstitutional to force religion in this manner.

Tuur · Jun 27, 2024

Michie said:
An atheist parolee in Colorado jailed for refusing to follow a court order requiring him to take part in a Christian mission's worship services has won a $100,000 settlement.

In a settlement agreement with the Colorado Department of Corrections filed in court last week, Mark Janny was awarded $100,000 in monetary damages. Janny was on parole in 2015 and was required to live at a Christian homeless mission and participate in Bible study, church services and religious counseling.

He was incarcerated for five months when he refused to do so.

Janny was represented by the secular legal groups the American Civil Liberties Union and Americans United for Separation of Church and State, as well as DLA Piper LLP.

"This is a victory for Mark Janny and for religious freedom," said Americans United President Rachel Laser in a statement.

"Our country's fundamental principle of church-state separation guarantees that everyone has the right to believe as they choose, so long as they don't harm others. Jailing someone for refusing to attend worship services and to engage in Bible study is not religious freedom — it's religious coercion."

Continued below.

Atheist parolee jailed for refusing to attend church services wins $100K settlement

An atheist parolee in Colorado who was jailed for refusing to follow a court order requiring him to take part in a Christian mission s worship services has won a 100,000 settlement

www.christianpost.com

I'm wondering if we're not hearing the full story here. Something about it seems, well, abbreviated. Maybe it's straight forward as presented, but don't know. I don't have a high degree of confidence in all involved in the case.

Now, if the story is as it's presented in the article, this seems a violation of the Establishment Clause. Since a subsequent amendment extended it to the states, states face the same restrictions as the federal government. The original intent of the Establishment Clause was to prevent establishing an official Church of the United States. Non-denominational efforts such as congress approving tariff relief for a bible society wasn't seen as a violation as it didn't favor a specific denomination. If the account of the Colorado case is true, then here we have a state employee and maybe the state favoring a specific denomination. That would have flown back when states could have an official church, but not now.

Now, supposedly this requirement was made by the parole officer, which seems very strange as I though conditions of parole are set by parole boards and the courts, not parole officers.

The Barbarian · Jun 27, 2024

Tuur said:
That would have flown back when states could have an official church, but not now.

The Amendment XIV put an end to that, when it required the states to respect the Constitutional rights of everyone as well.

IceJad · Jun 27, 2024

Michie said:
An atheist parolee in Colorado jailed for refusing to follow a court order requiring him to take part in a Christian mission's worship services has won a $100,000 settlement.

In a settlement agreement with the Colorado Department of Corrections filed in court last week, Mark Janny was awarded $100,000 in monetary damages. Janny was on parole in 2015 and was required to live at a Christian homeless mission and participate in Bible study, church services and religious counseling.

He was incarcerated for five months when he refused to do so.

Janny was represented by the secular legal groups the American Civil Liberties Union and Americans United for Separation of Church and State, as well as DLA Piper LLP.

"This is a victory for Mark Janny and for religious freedom," said Americans United President Rachel Laser in a statement.

"Our country's fundamental principle of church-state separation guarantees that everyone has the right to believe as they choose, so long as they don't harm others. Jailing someone for refusing to attend worship services and to engage in Bible study is not religious freedom — it's religious coercion."

Continued below.

Atheist parolee jailed for refusing to attend church services wins $100K settlement

An atheist parolee in Colorado who was jailed for refusing to follow a court order requiring him to take part in a Christian mission s worship services has won a 100,000 settlement

www.christianpost.com

1. Why the court gets to dictate a person into a religious organization? If there is a separation of church and state then neither the person or the religious organization can be compelled to accept one another. IMHO the person should be given an option from a select list approved by the courts with can include religious organizations.

2. The parolee suggestion of his friend's place is also a red flag to me. Of all the places a friend's place would be the less transparent and less auditable. Parole doesn't mean your sentence is over. It is a privilege of a supervised release to serve out the rest of your sentence not incarcerated behind bars. Any suspicious actions should and can be evaluated as breach of trust.

okay · Jun 27, 2024

The parole officer had a clear conflict of interest. I would be fired from my job if I did something like that and it cost my company any money at all, let alone $100k. I get training in this stuff every year or two - don’t the police?

I am glad this set a precedent. I am all for evangelism, but I think forcing bible studies and church services is much more likely to cement the atheist’s beliefs than convert him. And to many reading the fallout it will paint an ugly picture of the body of Christ.

David Lamb · Jun 28, 2024

Yarddog said:
Did I say that?

Not those exact words, but that's what I understood you to mean when you wrote: "Having him there gives the Holy Spirit the chance to work miracles." That certainly seems to mean that the Holy Spirit wouldn't have the chance to work miracles if the man were not in the Christian Homeless Hostel. If you didn't mean that, I apologise. Perhaps you could tell me what you did mean by "Having him there gives the Holy Spirit the chance to work miracles." Thanks.

Yarddog · Jun 28, 2024

David Lamb said:
Not those exact words, but that's what I understood you to mean when you wrote: "Having him there gives the Holy Spirit the chance to work miracles." That certainly seems to mean that the Holy Spirit wouldn't have the chance to work miracles if the man were not in the Christian Homeless Hostel. If you didn't mean that, I apologise. Perhaps you could tell me what you did mean by "Having him there gives the Holy Spirit the chance to work miracles." Thanks.

You read what you wanted to see not what was written.

David Lamb · Jun 29, 2024

Yarddog said:
You read what you wanted to see not what was written.

I don't think so. What was written was, "Having him there gives the Holy Spirit the chance to work miracles." That was what I read. If you didn't mean that the man needed to be in the hostel to give the Holy Spirit the chance to work miracles, what did you mean? I am sorry, but I can't see any other meaning to your words - that may be my fault, if so, please help me understand you better. Thanks.

Atheist parolee jailed for refusing to attend church services wins $100K settlement

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