MIAMI (BP)—The superintendent of Miami-Dade County Public Schools has backed down in his threats to evict a Southern Baptist church because of the pastor's views on homosexuality and now says the congregation has a constitutional right to express its beliefs.
In a July 30 memo, Supt. Alberto Carvalho told the school board “there will be no action” to terminate the contract of Impact Miami, a Southern Baptist church that rents space inside North Miami High School.
In July Carvalho had told a local TV station, WPLG Channel 10, that pastor Jack Hakimian's sermons on homosexuality “appear to be contrary to school board policy as well as the basic principles of humanity.” At the time Carvalho “asked for immediate legal review to seek the termination of the contract.” Hakimian had preached that, though Christ, people could overcome homosexuality.
After the legal review, it was determined the church was within its rights Carvalho said.
“The school district acknowledges the constitutional right of all persons to express themselves freely,” the memo stated. “Our firm belief is that, under the law, constitutionally protected freedom of speech for all, including those who lease our facilities, must be observed even when it may be perceived as offensive to some. It is this obligation to protect those freedoms guaranteed by the U.S. Constitution which forms the basis of our decision.”
Liberty Counsel, a legal group that defends religious liberty, had sent a letter dated July 24 to Carvalho saying the church and pastor “have violated no law or policy.” The letter also noted the pastor believes “no one should be bullied, and that all people should be treated with dignity and respect.”
“The District cannot discriminate against anyone on the basis of viewpoint,” the letter, signed by Liberty Counsel's Mathew Staver and Richard Mast Jr., stated. “Any attempt to modify, change or revoke the lease agreement would therefore be unconstitutional. ... The District must respect the First Amendment rights of Pastor Hakimian and the Church. We will be prepared to take whatever legal action is necessary to protect these rights.”
The controversy, the letter said, involves nothing more than the “Church's Biblical position on homosexuality” -- a position the letter said is protected by the U.S. Constitution.
The church released a statement thanking its “friends all over the world who have been praying, contacting us with encouragements and helping us in the fight for freedom.”
In a July 27 interview with Florida Baptist Witness, Hakimian expressed concern about how the school board could harm his church – and other churches.
“I don’t underestimate what they can do to our local Baptist churches if they see us as a problem,” Hakimian said. “I don’t underestimate their power to give Baptists and conservatives, Catholics and others, a very difficult time in this town.”
Hakimian said according to the school board and the Miami Baptist Association, there are an estimated 40 Southern Baptist congregations amongst the 90 churches renting public school facilities in Miami.
Claiming South Florida does not have a strong evangelical lobby, Hakimian said conservatives “don’t have a voice” and are not focused against what he called “very powerful” activists.
With additional reporting by Florida Baptist Witness.
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