Martin's Cove suit filed

Though undeniably important to the story of Mormons in the West, the 933-acre Martin's Cove area of federal land near Casper, Wyo., also has national importance that is all but ignored under a unique agreement between the government and the LDS Church, according to a lawsuit filed Wednesday.

The American Civil Liberties Union charges that the October lease of Martin's Cove to the church, made possible through legislation sponsored by former GOP congressman Jim Hansen of Utah, violates the establishment and free speech clauses of the First Amendment.

"Congress' actions exceed the bounds of permissible accommodation and send a pervasive sectarian message of endorsement by singling out (The Church of Jesus Christ of Latter-day Saints) for special treatment," the lawsuit states.

Lloyd Larsen, president of the church's Riverton, Wyo., Stake, has served as the church's point man on the issue. He released a statement Wednesday in response, saying the church regrets the ACLU's decision to file suit. He said the lease "was authorized by the U.S. Congress, after exhaustive discussion and negotiation" between the church and the federal government.

"The church had originally sought to purchase the property outright, but after expressions of public concern the government provided for a 25-year lease, under which the public can visit and learn of the site's historical significance."

ACLU attorney Mark Lopez said the suit alleges that lease gives the church "complete and unfettered control" over the historic site, a situation that is unprecedented. Although leasing federal land to private owners is common, such a complete hand-off to a religious entity is unheard of, Lopez said.

"We understand that the property has significance to the LDS Church, and we'd be the last ones to argue that the LDS Church should be removed or prohibited from visiting this site," he said. "What we do object to is the government placing the property under the stewardship and the sole control of the LDS Church."

Lopez compared Congress' action to leasing New York's Ellis Island to the Catholic Church, as the majority of immigrants who passed through the historic site were members of the Catholic religion. Such an action is unthinkable, he said.

"It wouldn't happen, and it shouldn't have happened in Martin's Cove," he said.

Larsen said in his statement that Martin's Cove is "an integral part of this nation's treasured pioneer story and should be accessible and appreciated by all."