AFBO v. Anderson - The Iowa One Gift campaign enables state employees to make voluntary donations via payroll deduction to participating charities of their choice. One Gift includes over four hundred charities reflecting a variety of viewpoints. However, the program effectively excludes religious charitable organizations from applying to One Gift by requiring charities to certify in their applications that they do not engage in religious activity including advocating for religious viewpoints and that they do not limit their employment positions to those who agree with the organization's religious beliefs.
On March 19, 2008, CLS Center for Law & Religious Freedom filed a complaint on behalf of the Association of Faith-Based Organizations (AFBO) and its members asserting that the above restrictions infringe on AFBO members' rights to free speech, free exercise of religion, expressive association, due process, and freedom from interference with the internal affairs of a religious organization.
On April 28, 2008, the Center filed a motion for preliminary injunction to redress these constitutional violations. Defendants' counsel interpreted the One Gift eligibility requirements to protect a religious organization's right to limit employment positions to those who agree with the organization's religious beliefs. Thus, the motion for preliminary injunction focuses specifically on defendants' criteria forbidding participating charities from engaging in religious activity, including religious viewpoint advocacy, because these restrictions discriminate against religious viewpoints in violation of the Free Speech Clause and single out religion for special disfavor in violation of the Free Exercise Clause.
Press Releases
Iowa says faith-based charities unworthy of employee donation program - Mar. 20, 2008
Litigation Documents
Complaint - Mar. 19, 2008
Brief in Support of Motion for Preliminary Injunction - Apr. 28, 2008
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