Court Overturns Ban on Prayer in Jesus' Name, Skirts Constitution Question
An appeals court has overturned a ban on prayers mentioning Jesus' name in the Indiana House chamber but gave no opinion on the constitutionality of sectarian prayers.
The 7th U.S. Circuit Court of Appeals on Tuesday reversed a lower court's decision court banning prayers given in the name of Jesus in the Indiana legislature but centered the decision on a technicality instead of answering whether sectarian prayers on the floor of the House violated the constitutional separation of church and state — an issue of main concern for many following the case.
The court ruled against the plaintiffs because they failed to establish how their tax dollars directly tied to the prayers and thereby had no legal standing to sue.
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"They have not shown that the Legislature has extracted from them tax dollars for the establishment and implementation of a program that violates the establishment clause," Judge Kenneth Ripple wrote in the majority opinion.
Nonetheless, the 2-1 decision was applauded by House leaders and conservative groups.
House Minority Leader Brian Bosma (R-Indianapolis), who formerly led the prayers, called the ruling a victory for free speech.
"I am honestly elated that the 7th Circuit has protected the rights of individuals to speak openly and freely in every way before the crucible of free speech, the state legislature," Bosma said in a report by The Indianapolis Star.
"Mere offense at the mention of God does not give the right to file a lawsuit," stated Mathew D. Staver, founder of the religious liberty organization Liberty Counsel, which filed a friend-of-the-court brief defending the prayer practice.
"Prayers offered at legislative sessions are permissible acknowledgements of God and do not establish a religion," he added in a statement.
Glen Lavy, an attorney with the Alliance Defense Fund, which also filed a friend-of-the-court brief, also praised the ruling.
"Those who oppose Christian invocations are essentially saying that the Founders were violating the Constitution as they were writing it," Lavy said in a statement.
"People of all religions have always had an equal opportunity to offer prayer before Indiana legislative sessions, and this ruling ensures that those who offer prayers in the name of Jesus will not lose that opportunity either."
The lawsuit, filed by the American Civil Liberties Union of Indiana on behalf of four taxpayers, came after a minister led the House in singing "Just a Little Talk With Jesus.
The suit was brought against then Majority Leader Bosma. The new Majority Leader B. Patrick Bauer (D-South Bend) decided to continue with the appeal of the lower court's ruling.
Bauer, who has been reading non-sectarian prayers in order to abide by the 2005 ruling, said he was pleased with the ruling but would meet with the Indiana attorney general's office and House staff to discuss ramifications of the ruling, reported the Associated Press.
It is still unclear whether the House will begin with a prayer in Jesus' name when they meet for the next scheduled organization day on Nov. 20.
Ken Falk, an attorney of the ACLJ of Indiana, said he is recommending his clients to ask for Tuesday's decision to be heard by the appeals court's full panel of 11 judges.
The attorney warned that the battle may not be over if the legislature should resume its practice of sectarian prayers.
Falk said his organization would not hesitate to take up a case from people in a position to sue, according to The Indianapolis Star.
Bosma, meanwhile, said he was confident the ruling would stand and dismissed the threat of another suit.
"I'm sure the Civil Liberties Union won't rest until all prayer is erased from every aspect of public life," he said.
Bosma along with leaders of conservative groups have urged Bauer to continue the long-standing tradition of open prayer and not succumb to challenges.
In a statement released by the Foundation for Moral Law, former Alabama Chief Justice Roy Moore acknowledged that the appeals court's decision left prayers at the Indiana House "vulnerable to future attack" but encouraged the legislature to "remain firm in the fight against the prayer censors."
"This victory reminds us and our legislators that we should never surrender one of our most valuable rights to a false belief that 'they always win,'" said Moore.
