Federal court dismisses LGBT pastor’s suit against conservative pastor who opposed him on library board

In a victory for freedom of speech and religious liberty, the United States District Court for the Western District of Missouri has dismissed a lawsuit against a pastor who spoke out against the reappointment of an openly gay pastor to a local library board.

Brian Kirk sued the City of St. Joseph, Mayor John Josendale, members of the St. Joseph City Council, as well as Grace Calvary Chapel pastor Josh Blevins, and Steven Greiert, Buchanan County Republican Party chairman, in January after the mayor rescinded Kirk’s reappointment to the St. Joseph Public Library Board of Trustees. 

Kirk alleged that Blevins violated his First Amendment and equal protection rights by writing a letter to the city council opposing Kirk’s reappointment, posted on his personal Facebook page and preached a sermon at his church. U.S. District Court Judge Gary A. Fenner threw out the case against Blevins and Greiert Wednesday. 

“All of Pastor Blevin’s allegedly ‘unlawful’ activities are quintessential private actions protected by the First Amendment,” Advocates for Faith and Freedom, a non-profit law firm that represented Blevins, said on its website. “Nevertheless, Kirk’s lawsuit (sought) to transform every private person who writes to a government official, casts a vote, or expresses an opinion on a political or religious issue into a state actor susceptible to constitutional liability.” 

Blevins hailed the victory for freedom of speech. 

“This case served as an important legal test, and our federal court system passed it with flying colors,” he told The Lion. “I am grateful that the judge upheld the precedent of protecting a U.S. citizen’s First Amendment rights, including both free speech and the free exercise of religious conviction.  

“It is essential that we maintain an environment in our nation where people do not have to fear retribution for respectfully speaking their minds and participating in the political process. I sincerely thank the Lord for His faithfulness and those who prayed for, encouraged, and supported me through this season.” 

Greiert also said the ruling is a victory for Bible-believing Christians.

“I’m ecstatic at the decision about the court and it’s a victory for freedom of speech. It’s also a victory for people who adhere to the word of God, which is trying to protect children from evil practices,” he told The Lion. “And so we give the glory to God and his decision, and we’re also grateful to the law firm Graves Garrett Greim LLC, for being willing to represent us.”

Lawyers for Blevins and Greiert had previously stated their reasons to have the case dismissed.  

“The First Amendment of the U.S. Constitution provides robust protection to the speech at issue here. First, Defendants’ alleged statements involve ‘political issues’ which are ‘generally afforded greater protection than other types of speech.’ Second, not only are Defendants’ First Amendment rights to free speech rights at stake, but Defendants’ First Amendment rights to freely exercise their religions, associate, and petition their government are too.” 

Fenner’s decision gives Kirk five days to file an amended complaint against city officials in their official capacity.

Photo: Josh Blevins (courtesy, Grace Calvary Chapel)