Obscenity, Taxpayer Money, and Religious Crusades
Dallas Erickson's religious crusade hit another judicial roadblock. In mid-July, the Montana Supreme Court dismissed an appeal by Ravalli County regarding anti-obscenity ordinances that Erickson helped craft in 1999. The county, backed by Erickson and the Christian Right, was appealing a lower court's ruling that struck down the ordinances. The local newspaper, along with a few local businesses, had sued to have them overturned, and District Court Judge Jeffrey Langton ruled the ordinances were unconstitutional and too broad.
The Montana Supreme Court dismissed the county's appeal, saying it did not appeal Langton's ruling. Instead, it was asking if a county has the authority to pass obscenity ordinances that are stricter than state law. The Court's denial does not mean Erickson's crusade is over. He is already proposing new obscenity ordinances.
Christian Right In Control
The county is being represented by the Liberty Counsel, a law firm connected to Jerry Falwell Ministries that frequently takes cases promoting Christianity in public schools. The Counsel was suggested to the county by Dallas Erickson and Harris Himes. Erickson has been a mainstay in Montana's Christian Right, originally with Montana Citizens for Decency Through Law [MCDL] and now with Montana HOME ö Help Our Moral Environment. Himes is a pastor and a lawyer. He runs Big Sky Christian Center and states publicly that civil law needs to be based on the Christian Bible. He has been acting as the liaison between the county commissioners and the Liberty Counsel. Both Himes and Erickson are active anti-gay lobbyists at the Montana Legislature.
Erickson and MCDL helped in crafting the ordinances in question and getting them passed. His HOME group has been active in the appeals process. Not wanting to wait for the Montana Supreme Court's ruling, Erickson and HOME filed initiative petitions to get two new anti-obscenity ordinances on the ballot in November. During the appeal, the Liberty Counsel had recommended that new ordinances be passed. Commissioners tabled the new ordinances when another lawsuit by free-speech proponents was rumored. Since Erickson filed the petitions, the county has filed suit to determine if the proposed initiative is constitutional. This makes it unlikely the ordinances will be on the November ballot, since there will probably not be a ruling by then.
The Cost of a Religious Crusade
When the original ordinances were struck down in 1999, the county had to pay damages and attorney fees. The $70,000 price tag came from taxpayer money. Erickson is saying that, if district court strikes down his initiative, he is willing to take it to the Montana Supreme Court. That means more taxpayer money will be used, while Erickson and Himes pursue their religious crusade.