So what wins in a tug of war; state law or the Bill of Rights?

jimpeel

Well-Known Member
http://www.foxnews.com/story/0,2933,371147,00.html

Georgia Sex Offenders Challenge Church Volunteer Ban
Tuesday, June 24, 2008

ATLANTA — Five sex offenders filed a lawsuit Tuesday claiming that a tough new Georgia law that bans them from volunteering at churches also robs them of their right to participate in religious worship.

The lawsuit, filed in U.S. District Court in Rome, claims the Georgia law effectively "criminalizes fundamental religious activities" for sex offenders and bars them from serving as a choir member, secretary, accountant or any other role with a religious organization.

"Even helping a pastor with Bible study or preparing a meal in a church kitchen will subject (sex offenders) to prosecution and imprisonment," the complaint said.

It is the latest of a growing list of legal challenges targeting Georgia's strict sex offender statute, which was hailed by supporters in 2006 as one of the toughest in the nation but has since been the frequent focus of lawsuits contending it is far too restrictive.

The main portion of the measure bans sex offenders from living, working or loitering within 1,000 feet of just about anywhere children gather. That includes schools, parks, gyms, swimming pools and the state's 150,000 school bus stops.

The original version of the law banned sex offenders from working at churches, but when it was retooled this year supporters slipped in a provision also banning them from volunteering at houses of worship. Doing so could risk a penalty of 10 to 30 years in prison.

[more]
 
This law is obviously written in prior restraint. There is no crime other than being where you might commit a crime; but the crime is not committed, yet you are guilty. Brings back warm fuzzies about the movie "Minority Report" where you are arrested for crimes you haven't yet committed but the authorities are sure you will commit some time in the future.
 
By that logic child molestors would be able to volunteer at schools after they had been released from prison.
 
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