Sex offender sues to attend church

RALEIGH, N.C. - Convicted sex offender James Nichols said he was trying to better himself by going to church. But the police who arrested him explained: The church is off-limits because it has a day-care center.

Now Nichols is challenging North Carolina's sex-offender laws in a case that pits the constitutional right to religious freedom against the state's goal of protecting the public from child molesters.

"I just started asking the question, 'Why? Why am I being treated this way after trying to better myself?' " said Nichols, 32, who was twice convicted of indecent liberties with a teen girl and again for attempted second-degree rape. "The law gives you no room to better yourself."

At issue in Nichols' case and a similar one in Georgia are day- care centers and youth programs at houses of worship where sex offenders can come into proximity with children. Sex-offender advocates agree that some convicts should not be allowed around children, but they contend that barring all offenders denies them support they need to become productive citizens.

"Criminalizing the practice of religion for everyone on the registry will do more harm than good," said Sara Totonchi, policy director for the Southern Center for Human Rights. "With these laws, states are driving people on the registry from their faith community and depriving them of the rehabilitative influence of the church."

Thirty-six states establish zones where sex offenders cannot live or visit. Some states provide exemptions for churches.

Nichols was arrested at his home in March, after attending Sunday services. He said he was "floored" to learn that he had been picked up because Moncure Baptist Church has a child-care center for families attending services.

"I believe wholeheartedly if it wasn't for God, I don't know where I'd be today," he said. "God's blessed me with learning how to live a better life."