The Freedom From Religion Foundation is admonishing a Riverton (Utah) City Councilmember for telling residents during a meeting that they “actually don’t have any First Amendment rights” — only “God-given rights.”
Councilmember Spencer Haymond made the remarks on Jan. 20 while members of the public, including FFRF’s complainant, were in attendance.
“Tonight here, we’ve talked a lot about our First Amendment rights, and one interesting thing is you actually don’t have any First Amendment rights,” Haymond said. “You have God-given rights that your First Amendment protects, that stops your government from infringing upon your God-given rights.”
FFRF has written to Haymond objecting to the comments and warning they violate the constitutional requirement that government officials remain neutral toward religion.
“It is deeply troubling for an elected official to tell citizens that their constitutional rights come from God rather than from the Constitution itself,” says FFRF Legal Counsel Chris Line. “The First Amendment is not a theological concept. It is a legal guarantee that protects the rights of all Americans, including the 34 percent of adults in Utah who are nonreligious.”
A Riverton resident who attended the meeting reported feeling disrespected and marginalized by Haymond’s remarks, saying they felt like an outsider at their own City Council meeting when the councilmember used his position to preach religious beliefs and deny their First Amendment rights.
FFRF noted that this is not the first time Haymond has been warned about promoting religion in his official capacity. Last May, FFRF wrote to Haymond after he authored a column in the city newsletter asserting that “divine guidance played a crucial role” in America’s founding. The letter explained that government officials may not use their offices or government platforms to advance religious belief.
“Despite being put on notice, Councilmember Haymond has again crossed the same constitutional line,” Line says. “Public officials are free to hold personal religious beliefs, but they may not use taxpayer-funded positions or official meetings to promote religion or present religious doctrine as civic truth.”
FFRF is urging Haymond to refrain from making religiously promotional statements during City Council meetings and to respect the rights of all Riverton residents — religious and nonreligious alike.
FFRF will continue monitoring the situation to ensure Riverton officials comply with their constitutional obligations.
The Freedom From Religion Foundation is a national nonprofit organization with 42,000 members and several chapters nationwide, including hundreds of members and a chapter in Utah. FFRF’s purposes are to defend the constitutional principle of separation between church and state, and to educate the public on matters relating to nontheism.
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