Plaintiffs Lack Standing To Challenge Texas Governor's Prayer Rally Sponsorship

In Freedom from Religion Foundation, Inc. v. Perry, (SD TX, July 28, 2011), a Texas federal district court held that plaintiffs lack standing to challenge as an Establishment Clause violation Texas Governor Rick Perry's proclamation declaring August 6 as "A Day of Prayer and Fasting for Our Nation" and his involvement with the American Family Association in sponsoring a prayer rally scheduled for that day. (See prior posting.)  The court concluded that "Governor Perry’s statements are requests, not commands, and no injury flows from a mere request."  It added that "feelings of exclusion or being unwelcome arising from an invitation 'to engage in a religious observance that is contrary to their own principles' are likewise not sufficient to confer standing...." The Houston Chronicle reports on the decision.