The lawsuit against the Kenai Peninsula Borough over its religious invocation policy has returned to state court.
The American Civil Liberties Union of Alaska filed its lawsuitagainst the Kenai Peninsula Borough on Dec. 14 in Anchorage Superior Court.
In the original filing, the ACLU alleges the invocation policy violates both state and federal law.
Earlier this month, Borough attorney Kevin Clarkson filed and was granted a motion to move the case to U.S. District Court in Anchorage.
On Tuesday, the plaintiffs filed a motion revising their original complaint. The amended complaint drops all claims the Borough violated the U.S. Constitution, which effectively removes federal jurisdiction on the case.
ACLU attorneys filed a second motion Tuesday on behalf of the plaintiffs, asking the case be moved back to state court.
District Court Judge Sharon Gleason granted the two motions Wednesday afternoon.
A second part of the plaintiffs’ motion adds Homer resident Elise Boyer as a plaintiff. She was barred last December from giving the invocation under the current policy.
The Kenai Peninsula Borough now has three weeks to respond to the amended complaint.