The American Civil Liberties Union is suing a judge who forced an agnostic convicted of drunken driving to choose between Alcoholics Anonymous and jail, saying that sentencing him to a faith-based program violates the Constitution.
The group's Ohio chapter sued Perrysburg Municipal Judge Dwight Osterud and Behavior Connections of Wood County Inc. this month in U.S. District Court in Toledo on behalf of Louis Peters.
Peters, 59, of Toledo, was sentenced to 30 days in jail in 2000 because he told Osterud he questioned the existence of God and could not submit to the AA program.
At question is whether AA's religious overtones are integral to the program.
"A primary issue in this case is whether the content of an AA meeting includes a religious message such that this criminal defendant is told you have a choice between going to jail or going to a meeting that has a religious message," said Edward Foley, a professor at Ohio State University's law school.
A brochure produced by AA's New York office says it is not a religious organization, and that "All members are free to decide on their own personal ideas about the meaning of life."
However, many of AA's central 12 steps to recovery include references to praying and submitting one's will to God or a higher power.
"We consistently see holdings that the 12-step program is fundamentally religious," said Raymond Vasvari, legal director for the ACLU's Cleveland office, who spoke for Peters. "To compel someone to choose between jail and saying he believes in a higher power is a violation" of the First Amendment.
Osterud told The Blade for a Sunday story that he finds the legal argument interesting but doesn't think AA requires religion.
"I don't believe the philosophy that there is a higher power that will assist you is necessarily religious," the judge said. "To my knowledge, AA does not proselytize, they don't necessarily preach. They encourage and give support, but it's not a religious organization."
He added that he hopes the sentencing option is not removed, because many people have told him that their lives improved after going through AA.
Peters had a blood alcohol level of nearly 0.30, three times the state's legal limit, when he was arrested Sept. 26, 1999, in Perrysburg. He was first sentenced in January 2000 to a three-day program at Behavior Connections, which recommended more treatment through AA.