Tuesday. Sept. 10, 1985
From Page One
5
University Daily Kansan
King
Continued from p. 1
1985 Soroptimist Youth Citizenship Award.
Don Simms, Ottawa freshman and Mr. King's roommate in Oliver Hall, said Mr. King was involved in basketball, football and track.
Mr. King is survived by his parents, Larry and Doris King of Otawa; his brother, Keith; three grandparents and an uncle.
The funeral will be at 11 a.m.
Wednesday at Faith Lutheran
Church, 316 E. 12th St., Ottawa. He
will be buried at Highland Cemetery
in Ottawa.
State Court to decide civil rights case
The Associated Press
get out of the wedding business.
Protest
TOPEKA - The state cannot force a 70-year-old Baptist minister to perform interracial marriages at his Wichita wedding chapel, a Wichita attorney yesterday told the Kansas Supreme Court, despite constitutional guarantees protecting individuals from racial discrimination at public establishments.
However, a state attorney said the minister, Rev. William G. Barclay, is violating the civil rights of interracial couples wanting to marry at his All Faiths Wedding Chapel and should either comply with the law or
Continued from p. 1
"The statute uses the word sacrament in references to weddings, and the state is trying to say 'Rev. Barclay, you may not believe in that sacrament, but you've got to perform that sacrament even though you don't believe in it.' And I don't think you can do that," said Lael Alkei, attorney for the minister. "The state thinks it can force a man to do this — to act against his religion.
"The defendant has a constitutional right that predates the 14th Amendment, and that's the right to practice and believe in his religion, and the state can't force him to believe or practice any other religion."
Geary Gorp, assistant Sedgwick County District Attorney, said the case treads on untouched legal ground. It centers on an appeal by the state from a Sedgwick County District Court decision to dismiss three misdemeanor counts of denial of civil rights filed against Barclay
Gorup said there is a basic, fundamental conflict between a person's right to his own religious beliefs and the guarantee of freedom from racial discrimination.
after he refused to perform inter- racial marriages.
to personally perform such weddings because he believes the Bible warns against mixing of the races, he has arranged for others to perform them at his chapel.
"Rev. Barclay refuses to marry members of the black race with members of the white race based on his personal interpretation of the Bible with regards to mixing of the races," Gorup said. "However, he is engaged in a secular activity. He is operating a business. A fee is charged, and he is taxed on the basis of those fees."
"We're not trying to control Rev. Barclay's mind. He can believe anything he wants to. We're just trying to control how he treats the public that comes to his wedding chapel."
Barclay was charged in May 1984 with three counts of refusing to marry interracial couples at his wedding chapel. Although he refused
arms and the Nicaraguan situation. Mark Parker, Lawrence, spoke about the American Indians' situation in the United States and compared it to that of the blacks in South Africa, Ungerman said.
The lower court declared the civil rights law unconstitutional as it applied to the case. Gorup told the Supreme Court he did not want to punish Barclay for refusing to marry interracial couples when he considers it in conflict with his personal religious beliefs. He simply wants the deterrent effect of the statute.
Gorup said he believed the law does not protect either lawyers who refuse cases because of their religious beliefs or prevent them from defending some clients or hospitals refusing to perform services such as chemotherapy. However, he said there might be greater arguments involved.
The case was taken under advis-
ment by the seven-member Court
and a decision is not expected before
late October on the next opinion day.
Washburn seeks OK on chapel
The Associated Press
TOPEKA — Attorney General Robert T. Stephan yesterday gave Washburn University the all-clear signal to begin construction of a non-denominational, non-sectarian chanel within a university building.
issues in addition to those on South Africa, Ungerman said.
The speakers included a black student from South Africa and a white professor from South Africa, Ungerman said. She also said the rally included speeches on nuclear
In a non-binding legal opinion, Stephan said the construction did not violate any law or the Constitution. He also said it was all right to use public-money in building and maintaining the chapel.
Stephan said the primary issue was whether construction of the chapel and maintenance of it using public funds violated the establishment clause of the First Amendment. That clause dictates that Congress cannot make any law relating to establishment of religion.
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