Park officials nix baptisms in river

The Rev. Todd Pyle thought it was the perfect spot to baptize 12 new members of his church--the river was calm and shallow and there was a shaded area offshore for people to stand.

"It was a very serene place," he said. "It was special."

But officials at the Falmouth Waterfront Park just outside Fredericksburg, Va., weren't pleased. Officials tried to break up the religious ceremony, claiming it might be offensive to swimmers frolicking nearby or other people using the park. After Pyle finished the baptism, he was asked to leave.

Now free-speech advocates are outraged and are threatening to file a lawsuit if the park refuses to allow future gatherings by religious groups, something the park admits it has no written policy against.

"These people are being discriminated against because of the content of their speech," said the Rev. Patrick Mahoney, who heads the Christian Defense Coalition. "It's one of the most egregious violations of the First Amendment I have ever seen."

Pyle said he chose to hold an outdoor baptism, still common in parts of the South, because his Cornerstone Baptist Church in Stafford lacks an indoor baptismal pool. He has used other churches or private swimming pools for the ritual in the past, but decided this year for a change.

"Originally it was a public declaration of (Christians') faith in Jesus Christ," he said. "Baptism was intended to be done outside."

Pyle said few people seemed to notice the small congregation during the 30-minute ceremony on May 23.

But park officials said religious groups seeking to perform a service in the park still need to apply for a permit or else gather under a shelter or inside an activity center.

"We don't want to tread on anybody's First Amendment or constitutional rights," said Brian Robinson, director of the Fredericksburg-Stafford Park Authority. "What we try to discourage is anything not formally permitted that just sort of occurs spontaneously."

John Whitehead, director of The Rutherford Institute, a Charlottesville, Va.-based civil liberties organization, said that's a clear violation of the church members' constitutional rights.

"Could a church have a picnic in the park and sing hymns? Of course they could," he said. "Parks have been forums since time immemorial to do these types of things. Nobody really cares except a couple of people employed by the government."

The American Civil Liberties Union of Virginia also said in a statement: "If the park rules allow people to wade and swim in the river, then they must allow baptisms in the river. If the rules allow groups to gather for cultural, social or political purposes, then they must allow religious gatherings as well."

Robinson said the park's board has formed a special committee to examine its policy and to put it in writing. If the church applies for the proper permit, he said it's "certainly possible" they would be granted permission to use the river for another baptism.

"This group just showed up and began their service," he said. "We would have the same issue with the Washington Redskins showing up on our football field."

Mahoney said he has spoken with the American Center for Law and Justice in Washington about filing a lawsuit if the park denies his request to hold a religious service there in the next couple weeks.

He and the ACLU both sent letters to Robinson seeking written assurance that the park will not curtail religious expression in the future.

Meanwhile, Pyle said he will find another place to hold outdoor baptisms.

"We're disappointed," he said. "Every single person that was baptized thanked me afterward, saying (the river) made their experience more meaningful. ... God created it, what better place is there to be baptized?"