Wednesday, December 6

A Delray Beach man who cast his vote in a Catholic Church while surrounded by crosses, prayers and anti-abortion banners is suing county Supervisor of Elections Arthur Anderson, claiming the use of the church as a polling place was unconstitutional, according to a lawsuit filed in federal court Friday.

When Jerry Rabinowitz voted Nov. 7 at his polling place at Emmanuel Catholic Church in Delray Beach, he claims election officials refused to cover religious objects. Forcing him to cast his ballot in such an atmosphere violated the separation of church and state and the constitutional prohibition against establishment of religion, the lawsuit claims.
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According to the lawsuit, Rabinowitz was forced to walk past a pro-life banner framed by giant crosses. Upon entering the polling place, located in a room inside the church, he saw religious signs, including one reading "Each of Us Matters to God," a copy of The Lord's Prayer and The Hail Mary prayer, and a poster of the Ten Commandments.

The use of the church as a polling place had the effect of "advancing a particular religion over other religious and non-religious positions," the lawsuit states.