Plaintiffs have failed to establish that the Policy has been used for an improper purpose or is otherwise unconstitutional. Volunteers of numerous faiths are invited to and have given invocations before City Council meetings, and the selection process does not discriminate against any faith.
... Determining that the April 27, 2010 invocation violated the Establishment Clause by its single reference to Jesus would require this Court to analyze the content of the prayer. But because Plaintiffs do not even claim the April 27 invocation was “exploited to proselytize or advance any one, or to disparage any other, faith or belief,” this Court cannot properly perform such an analysis.... Because their evidence fails to show the April 27 invocation (or the Invocation Policy itself) would have the “effect of affiliating the government with any other one specific faith or belief,” Plaintiffs have not shown an Establishment Clause violation.According to Wednesday's Los Angeles Daily News, plaintiffs plan to appeal to the 9th Circuit.