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Americans United for Separation of Church and State v. Kent County

Citations: 293 N.W.2d 723; 97 Mich. App. 72; 107 L.R.R.M. (BNA) 2050; 1980 Mich. App. LEXIS 2627Docket: Docket 44825

Court: Michigan Court of Appeals; April 22, 1980; Michigan; State Appellate Court

Narrative Opinion Summary

This case involves a legal challenge to provisions in collective bargaining agreements between a county and its employee groups, which mandated the closure of public buildings on Good Friday afternoon and provided holiday pay. The Michigan Court of Appeals reviewed and affirmed a lower court's decision granting summary judgment in favor of the county. The plaintiffs argued that the agreements violated the Michigan legal holiday statute, the religious liberty clause of the Michigan Constitution, and the Establishment Clause of the U.S. Constitution. The trial court found that the statute did not prohibit public employers from negotiating additional holidays. It also ruled that the agreements did not infringe upon constitutional provisions, as the holiday designation resulted from negotiations rather than direct governmental action. The defendants successfully argued that the agreements were lawful, as they did not promote religious observance or increase taxpayer costs. The court relied on an affidavit from the Kent County Controller, concluding that there was no constitutional violation. The decision underscores the balance between collective bargaining rights and statutory holiday regulations, affirming the legality of negotiated holidays not recognized as statutory holidays.

Legal Issues Addressed

Attorney General's Opinion on Local Discretion

Application: The Attorney General opined that local boards have reasonable discretion to close public offices on additional days not recognized as legal holidays.

Reasoning: The Attorney General concluded that this decision was within the reasonable discretion of the board.

Collective Bargaining and Legal Holidays

Application: The court found that collective bargaining agreements can include provisions for additional holidays, even if they are not recognized as statutory holidays under the Michigan legal holiday statute.

Reasoning: The trial court concluded the statute does not prohibit public employers from negotiating additional time off and does not require public buildings to remain open during non-statutory holidays.

Establishment Clause of the U.S. Constitution

Application: The collective bargaining agreements did not violate the Establishment Clause, as the designation of Good Friday as a partial holiday resulted from negotiations rather than direct governmental action, avoiding the appearance of religious favoritism.

Reasoning: Thus, the current case lacked the constitutional issue present in Mandel since the power to designate holidays stemmed from negotiations rather than direct governmental action, avoiding the appearance of favoring one religion over another.

Religious Liberty Clause of the Michigan Constitution

Application: The agreements did not infringe upon the religious liberty clause because they did not compel attendance at religious services or require financial support for religious entities.

Reasoning: The court found no violation of Michigan's constitutional provisions regarding religious freedom, as the agreements did not compel attendance at religious services or require financial support for religious entities.