A nude club performance in a Texas church is not a gymnasium event, according to a lawsuit filed by the congregation.
The suit says the dance troupe, the Naked Club, performed the event at First Baptist Church of San Marcos in August.
Church officials declined to comment on the lawsuit.
The lawsuit claims the dance was a private event held at a private home.
The event was held under the auspices of a non-profit organization, but it is now a church-owned facility, according the lawsuit, which was filed in state court.
“Church members, who are not churchgoers, were not invited to the event, nor were they required to attend,” according to the lawsuit filed Wednesday in U.S. District Court in San Marcos.
The plaintiffs are seeking $10 million in damages.
They say the church’s failure to enforce its nondiscrimination policy against transgender people was a violation of their First Amendment rights.
The Church of Jesus Christ of Latter-day Saints does not discriminate against LGBT people, according its nondisclosure policy.
“The First Amendment does not allow for the church to refuse to host or permit the participation of members of the LGBT community,” church spokeswoman Susanne Kuehn wrote in an email to The Associated Press.