High Court Frees Minister in School Case

The Nebraska Supreme Court on Friday unanimously overturned an eight-month jail sentence for contempt imposed on a fundamentalist minister after he refused to close an uncertified church school.

“Well, praise the Lord!” the Rev. Everett Sileven said when he was informed of the decision.

The high court ruled that the Cass County District Court erred by handing down criminal contempt sanctions against Sileven after he first was charged with civil contempt.

“Certainly I’m glad they saw fit to do this,” Sileven said.

The Supreme Court, however, rejected Sileven’s argument that the trial court erred in finding him guilty of willful disobedience because his religious beliefs forced him to disregard an injunction.

Sileven, pastor of the Faith Baptist Church in Louisville, Neb., contended that the district court violated his constitutional rights by pursuing criminal sanctions.

Sileven was sentenced to eight months in jail by District Judge Ronald E. Reagan for willful contempt in April, 1984. He served 37 days of the sentence and was later released on $10,000 bond.

The sentence stemmed from Sileven’s violation of the lower court’s injunction barring him from operating the Faith Christian School until it met state education regulations.

Faith Christian School was one of several uncertified Christian schools that operated in defiance of state law. Fundamentalist religious leaders from around the country staged several protests at Sileven’s church and also demonstrated at the Capitol in Lincoln and in Washington.

The Legislature passed a compromise bill in 1984 which has in effect ended the controversy. The new law allows church schools to operate without certification if they provide the state with information about teachers and classes.