Court Dismisses Challenge To "Year of the Bible" Resolution Despite Harsh Words About It

In Freedom From Religion Foundation, Inc. v. Saccone, (MD PA, Oct. 1, 2012), a Pennsylvania federal district court, while finding that plaintiffs had standing, dismissed on legislative immunity grounds a lawsuit challenging as an Establishment Clause violation a Pennsylvania House of Representatives resolution declaring 2012 to be the "Year of the Bible." (See prior posting.)  The court however made it clear that despite the dismissal, it has considerable problems with the resolution:

... the court’s determination that the defendants engaged in a "legislative act" for purposes of immunity should not be viewed as judicial endorsement of this resolution. It most certainly is not.  At best, H.R. 535 is a benign attempt to reaffirm the underlying principles of the Reagan proclamation of 1983.  At worst, it is premeditated pandering designed to provide a reelection sound bite for use by members of the General Assembly.  But regardless of the motivation behind H.R. 535, its express language is proselytizing and exclusionary.... The court is compelled to shine a clear, bright light on this resolution because it pushes the Establishment Clause envelope behind the safety glass of legislative immunity.  That it passed unanimously is even more alarming.  This judicial rebuke of the resolution is not intended to impugn the religious beliefs of any citizen.  To the contrary, the court’s disapprobation is directed to the blatant use of legislative resources in contravention of the spirit – if not the letter – of the Establishment Clause.  At a time when the Commonwealth of Pennsylvania faces massive public policy challenges, these resources would be far better utilized in meaningful legislative efforts for the benefit all of the citizens of the Commonwealth, regardless of their religious beliefs.

The Philadelphia Inquirer reports on the decision.