Plaintiffs Denied Preliminary Injunction, But May Develop As-Applied Challenge To Legislative Prayer

In Jones v. Hamilton County, Tennessee, (ED TN, Aug. 29, 2012), a Tennessee federal district court refused to issue a preliminary injunction in a facial challenge to the policy of Hamilton County of opening its Commission meetings with a prayer. However the court permitted plaintiffs to proceed to develop a record as to whether the policy as applied violates the Establishment Clause. Plaintiffs objected to Christian prayers offered by various speakers under the county's prior informal prayer policy. Shortly after this lawsuit was filed, the county adopted a formal invocation policy providing for prayers to be offered by clergy from any of the religious congregations in the county.  WRCB-TV reports on the decision.