More than a dozen Twin Cities places of worship received a reprieve Friday from some state rules regulating how they could ban guns from their buildings.
A temporary order issued by a Hennepin County judge exempts the organizations from design and language requirements for signs stating that guns are banned inside. And the order lets the religious groups ignore a rule that would have forced them to personally inform parishioners of their ban as they walked in the door.
District Judge Marilyn Brown Rosenbaum essentially granted religious leaders the same status as private residents, who under the new handgun permit law can notify visitors however they choose that firearms are banned in the home.
The pastors of Edina Community Lutheran Church, who initiated the lawsuit, and their attorney, David Lillehaug, contended the ruling was a major victory for religious freedoms. But handgun law proponents also were pleased with Rosenbaum's ruling, as it only granted a small part of what the lawsuit sought.
Some legal experts considered the order atypical and were surprised that the challenge was at all successful. Lillehaug said it was rare that a judge would find a part of a Minnesota law unconstitutional.
"It's the legal equivalent of the sun standing still in the sky," he said. "It's an excellent start."
However, five other motions for injunctive relief were denied. The church had asked Rosenbaum to allow it to ban guns from its parking lot, day-care center and other facilities.
"The judge gave the plaintiffs in this case about an eighth of a loaf," said Joe Olson, president of the gun rights organization Minnesota Concealed Carry Reform Now! He gave an affidavit in the case on behalf of the state.
"What they want is to have the statute held unconstitutional on religious grounds," said Olson, who is also a law professor at Hamline University in St. Paul. "They're not going to get that. The judge has made it absolutely clear they're not going to get that."
At least 30 other religious organizations spanning a variety of denominations have asked to join the lawsuit. Lillehaug, a former U.S. attorney for Minnesota and a parishioner at Edina Community Lutheran Church, plans to meet with the other religious leaders soon to discuss how to proceed. The order only applies for the duration of the lawsuit proceedings.
Leslie Sandberg, spokeswoman for the state attorney general's office, said "we'll confer with the administration (of Gov. Tim Pawlenty) on the next step."
Meanwhile, the small Edina church will continue to post signs at its front door and at the entrance of its parking lot that read: "Blessed are the peacemakers. Firearms are prohibited in this place of sanctuary."
The Rev. Pam Fickenscher said the church would ban firearms from the parking lot, despite the ruling.
"We're just very grateful we've been relieved of the notification requirements of the law," she said. "We can chose to ban and do so in a way that we see fit and that reflects our religious beliefs."
Pawlenty acknowledged Friday that the new law could use some tweaking. He said he hoped the Legislature would make a permanent change next session.
"I've remained firm in my belief that this law is workable, but creating greater flexibility for religious and other institutions is a worthwhile goal," he said. "I'm pleased today that the court issued the order, and I believe this will benefit the citizens of Minnesota."
One of the bill's authors, Rep. Lynda Boudreau, R-Faribault, said the important thing is that the bulk of the law remains intact.
"I am pleased that the order is limited in scope and that it protects the rights of law-abiding citizens with permits who enter the property of houses of worship," she said.
But Senate Minority Leader Dick Day said he thought the legal hurdles and controversies would result in fewer people seeking permits.
"Only in Minnesota we're making so much out of it," said Day, R-Owatonna. "We've had 34 other states (with "conceal-carry" handgun laws), and I'm sure none of them went through this. I'd like to know how many people walked in and out of the church and had a gun (under Minnesota's previous handgun permit law) and nobody ever knew."
Hamline law professor Joseph Daly said the fact that the church had any success was significant.
"It is a big deal in the proper recognition of religion, the free exercise of religion, freedom of conscience, trumping these overly broad rights the state of Minnesota has granted the gun carriers," he said.
Kate Krisik, social concerns director for the Minnesota Catholic Conference, said Catholic churches would continue to support the suit and follow it through to its resolution.
"We are disappointed that the restraining order was not granted to the parking lot areas, but that will probably be decided when the suit is heard," she said.
"It will at least allow our churches to provide a more welcoming environment than under the provisions of the law as passed, as far as signage and notification requirements go."
State law dictates precisely where the signs banning guns must be (within 4 feet of the entrance and 4 to 6 feet above the floor), how large the signs must be (at least 187 square inches), how large the letters must be (at least 1½ inches high), and what they must say (the sign must declare that the establishment "bans guns in these premises").