Idaho State Senator Objects To Hindu Invocation

Hindu cleric Rajan Zed of Reno, Nevada is scheduled to open this morning's session of the Idaho state Senate with an invocation.  Zed has offered invocations in a number of state legislatures and the U.S. Senate.  The Spokane (WA)  Spokesman-Review, however, reports that Idaho state Senator Steve Vik is raising objections to invocations not in the Judeo-Christian tradition.  Speaking of Hindus, he said: "They have a caste system. They worship cows."

4th Circuit: Appeal of Injunction Against Sectarian County Board Prayer Fails On Procedural Grounds

In Hudson v. Pittsylvania County, Virginia, (4th Cir., Dec. 17, 2014), the U.S. 4th Circuit Court of Appeals dismissed on procedural grounds an appeal from a district court's injunction against opening County Board meetings consistently with Christian invocations.  The appeals court held that a notice of appeal filed 175 days after the district court entered summary judgment for plaintiff was untimely.  The appeals court also affirmed the district court's later post-trial award of some $53,000 in attorneys' fees. Chatham Star Tribune reports on the decision.

While this appeal was pending, the U.S. Supreme Court decided the Town of Greece case. Pittsylvania County quickly asked the district court to dissolve its injunction.  As previously reported, the district court held however that "unlike in Town of Greece, where invited clergy and laypersons offered the invocations, the Board members themselves led the prayers in Pittsylvania County."  The district court said it was willing to modify the injunction to make it consistent with the holding in Town of Greece, but it did not have jurisdiction to do so until the 4th Circuit to which the case had been appealed granted at least a limited remand.  Yesterday's affirmance of the attorneys' fee award and dismissal of the remainder of the appeal presumably does not amount to a limited remand.                                                          

Challenge To School Board Invocation Policy Dismissed On Standing Grounds

WIS-TV News reported yesterday on the dismissal by a Wisconsin federal district court of a challenge to the invocation policy at school board meetings in School District Five of Lexington & Richland Counties, Wisconsin.  The suit originally also challenged the District's policy on prayer at graduation (see prior posting), but the parties previously settled that claim after the school district revised its policy to allow student speakers to determine the content of their own messages. Then in Nielson v. School District Five of Lexington & Richland Counties, (D SC, Oct. 22, 2014), the federal district court dismissed claims seeking an injunction and declaratory judgment as to the school board invocations because "none of the Individual Plaintiffs attended a Board Meeting after the August 2013 Invocation Policy became effective and none remain students in District Five."  The court added, however, that plaintiffs could still pursue damage claims growing out of pre-2013 prayer practices.  But on Dec. 1, the court ordered dismissal of the action without prejudice, noting that the parties had settled the case. (Full text of dismissal order.)

Most of City Council Walks Out On Atheist's Invocation

In Lake Worth, Florida last Tuesday, the mayor and three of the four city commissioners walked out of the commission chamber as atheist Preston Smith approached the podium to offer the invocation.  WPTV News reports that yesterday Mayor Pam Triolo said her action was not because Smith was an atheist, but because of a Tweet Smith allegedly authored last summer giving an offensive interpretation of scripture. Smith's invocation (video included in article) called for building a better community without religious division.

Suit Challenges Prayer and Bible Readings At School Board Meetings

The Freedom From Religion Foundation filed suit last week against a California school board challenging the practice of prayer and Bible readings at school board meetings.  The complaint (full text) in Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of Education, (CD CA, filed 11/13/2014), alleges:

The Chino Valley School Board ... begins each meeting with a prayer. Indeed the meetings resemble a church service more than a school board meeting, complete with Bible readings by the Board members, Bible quotations by Board members, and other statements by Board members promoting the Christian religion.

The suit contends that the school board's practices violate both the federal and California constitutions. Friendly Atheist blog reports on the lawsuit.

4th Circuit Hears Oral Arguments In County Board Invocation Policy

Tuesday's arguments (audio of full arguments) in Hudson v. Pittsylvania County, Virginia are now available on the 4th Circuit Court of Appeals' website.  In the case, a Virginia federal district court held that the prayer policy of Pittsylvania County differed from the policy upheld by the U.S. Supreme Court in the Town of Greece case. (See prior posting.)  Much of Tuesday's 4th Circuit arguments focused on the timeliness of the appeal and liability for legal fees. Go Dan River reports on the oral arguments.

Canada's Supreme Court Hears Challenge To City Council Invocations

On Oct. 14, the Supreme Court of Canada heard oral arguments in Mouvement laïque québécois v. City of Saguenay. In the case (summary), appellants claim that the opening of Saguenay, Quebec's municipal council meetings with a prayer, and the presence of Christian religious symbols in council chambers, violate the provision of the Charter of Rights and Freedoms that guarantee freedom of conscience and religion. A webcast of the full oral arguments is available from the Court's website. The Globe & Mail reports on the case.

District Court Says Town of Greece Decision Does Not Cover Invocations Offered Directly By County Board Members

After the U.S. Supreme Court decided the Town of Greece case last May, a number of local governments that had been enjoined by lower courts from opening council meetings with sectarian prayers petitioned lower courts to dissolve or modify the injunctions.  One of these was Pittsylvania County, Virginia. However, in Hudson v. Pittsylvania County, Virginia, (WD VA, Aug. 4, 2014), the federal district court held that while it was willing to modify its prior injunction, it would not dissolve it:

... unlike in Town of Greece, where invited clergy and laypersons offered the invocations, the Board members themselves led the prayers in Pittsylvania County. Thus, in contrast to Town of Greece, where the town government had no role in determining the content of the opening invocations at its board meetings, the government of Pittsylvania County itself, embodied in its elected Board members, dictated the content of the prayers opening official Board meetings. Established as it was by the Pittsylvania County government, that content was consistently grounded in the tenets of one faith. Further, because the Pittsylvania County Board members themselves served as exclusive prayer providers, persons of other faith traditions had no opportunity to offer invocations.

While the court was willing to modify the injunction to make it consistent with Town of Greece, it concluded it did not have jurisdiction to do so until the 4th Circuit to which the case had been appealed granted at least a limited remand. AP reports on the decision.

Town of Greece Board Will Hear Secular Invocation Tonight

While the U.S. Supreme Court's decision last month in Town of Greece v. Galloway validated the existing invocation policy of the New York town involved (see prior posting), in a sense things are changing in Greece.  According to Justice Kennedy's description of the town's policy:

[Town] leaders maintained that a minister or layperson of any persuasion, including an atheist, could give the invocation. But nearly all of the congregations in town were Christian; and from 1999 to 2007, all of the participating ministers were too.

The American Humanist Association has announced that at tonight's Town Board meeting, for the first time a "secular invocation" will be delivered.  As reported last month by Religion News Service, tonight's invocation will be offered by Dan Courtney, a member of the Atheist Community of Rochester, NY, located nearby. Courtney says his invocation will stress that government needs to represent all the people regardless of religious belief. The American Humanist Society has compiled a list of individuals around the country available to deliver invocations that do not call on a "supernatural entity" for guidance.

Council Revokes Invitation To Wiccan To Deliver Invocation

WHNT News reports that the Huntsville, Alabama City Council pulled back the invitation it originally extended to a Wiccan clergyman to deliver the invocation at yesterday's City Council meeting.  Wiccan Blake Kirk had been scheduled to deliver the opening prayer, but when the Council agenda was publicly released several Council members received "community concerns" about a Wiccan being invited. Kirk said he gave the invocation earlier this year and no one asked him to identify his faith.

North Carolina County Seeks Lifting of Injunction After Town of Greece Decision

The Winston-Salem Journal reported last week that Forsyth County, North Carolina is asking a federal district court to lift a 2010 injunction that barred it from continuing a policy of opening County Board of Commissioners meetings with prayers that are repeatedly Christian. The 4th Circuit had affirmed the issuance of the injunction. (See prior posting.) Last week's motion comes in light of the Supreme Court's recent decision in Town of Greece permitting a neutral policy that nevertheless results in primarily Christian invocations opening legislative bodies. Here is Forsyth County's brief in support of its motion to lift the injunction.  ADF issued a press release announcing the filing of the motion.

AU Responds To Town of Greece Decision

In a press release today, Americans United announced that it is implementing a coordinated response to the U.S. Supreme Court's recent ruling in Town of Greece that permitted sectarian invocations at city council sessions.  AU's program will oppose attempts to pressure local governments to institute invocations.  It will educate local officials about the parameters of the Supreme Court's decision.  It will offer assistance to individuals from a range of religious and philosophical traditions who want to offer inclusive opening messages at local council meetings. Finally it will engage in dialogue and, if necessary, litigation where the Supreme Court's decision is being violated. According to AU:

 The plan, dubbed “Operation Inclusion,” is necessary to ensure that the rights of all Americans are protected and to respond to misleading claims by Religious Right groups....

[Thanks to Jeff Pasek for the lead.]

Activist Wants To Offer Satanist Prayer In Florida After Town of Greece Decision

Just days after the U.S. Supreme Court's ruling upholding sectarian prayer at city council meetings (see prior posting), Deerfield Beach, Florida activist Chaz Stevens has written to request the Deerfield Beach City Commission and the Florida state Senate each to allow him to open one of their sessions with a Satanist prayer. Raw Story reported on developments on Friday.  Last year Stevens used the state's neutral display policy to set up an 8-foot-tall Festivus pole made of Pabst Blue Ribbon beer cans near a nativity display in the state Capitol. (See prior posting.) He said  that he recently converted from "Pabstfestidian" because "Satan is a cool dude." He added: "I just want equal billing. We allow various religious nutjobs to give a prayer. They pray to Jesus who is make-believe, god who is make-believe, why not Satan who is make-believe?"

Two Op-Eds on Town of Greece Decision

Here are two rather interesting op-ed pieces (on opposite sides) on the Supreme Court's recent Town of Greece decision:

• George Will, Thin Skins and Legislative Prayer (Washington Post)
• Katherine Stewart, A Big Win for the Prayer Lobby (New York Times)

District Court Vacates Preliminary Injunction Against Maryland County After Town of Greece Decision; Plaintiffs Will Go On

Within hours after Monday's U.S. Supreme Court decision in Town of Greece permitting sectarian invocations at city council meetings, a Maryland federal district court vacated a preliminary injunction it had issued (see prior posting) barring a Maryland county from opening its Commission meetings with sectarian prayers.  The Order (full text) in Hake v. Carroll County, Maryland, (D MD, May 5, 2014), merely recites that its action is "consistent with" the Supreme Court's decision.  In Carroll County, invocations were delivered by members of the County Commission, on a rotating basis, rather than by invited clergy or a chaplain.  The Commission had guidelines urging non-sectarian language, but they were often ignored. The Baltimore Sun reports that plaintiffs, pointing to these differences, say they will continue to pursue the Carroll County challenge. The American Humanist Association, one of the plaintiffs, says: "Unlike in the town of Greece, where even an atheist could give an invocation, in this case you have a very exclusive policy."

Two Less Expected Reactions To Yesterday's Supreme Court Decision On Legislative Prayer

While many of the reactions to yesterday's Supreme Court decision in Town of Greece v. Galloway were predictable, here are two that might be classified as surprises:

• Yair Rosenberg, writing at Tablet Magazine, finds a historical error in Justice Kagan's dissent.  She refers to Newport, Rhode Island as "the home of the first community of American Jews." However that honor goes to New Amsterdam. Newport is home to the oldest standing synagogue in the U.S.
• The American Humanist Association announced that in reaction to the Supreme Court's decision it is launching a program to provide resources for atheists and humanists to deliver secular invocations at legislative meetings. A new website allows governmental entities to identify humanists within their borders who can be invited to deliver invocations.

Supreme Court Upholds Sectarian Invocations At City Council Meetings

The U.S. Supreme Court today handed down a 5-4 decision in Town of Greece, New York v. Galloway, (Sup. Ct., May 5, 2014), upholding the constitutionality of non-coercive sectarian invocations at city council meetings. Justice Kennedy's opinion-- minus one section of it-- constituted the opinion of the court.  Chief Justice Roberts, and Justices Alito, Scalia and Thomas joined with Justice Kennedy in making this the prevailing opinion.  Much of the opinion is devoted to refuting respondents' argument that the Establishment Clause requires legislative invocations to be non-sectarian:

An insistence on nonsectarian or ecumenical prayer as a single, fixed standard is not consistent with the tradition of legislative prayer outlined in the Court’s cases.... To hold that invocations must be nonsectarian would force the legislatures that sponsor prayers and the courts that are asked to decide these cases to act as supervisors and censors of religious speech, a rule that would involve government in religious matters to a far greater degree than is the case under the town’s current practice of nei­ther editing or approving prayers in advance nor criticizing their content after the fact....

Respondents argue, in effect, that legislative prayer may be addressed only to a generic God. The law and the Court could not draw this line for each specific prayer or seek to require ministers to set aside their nuanced and deeply personal beliefs for vague and artificial ones. There is doubt, in any event, that consensus might be reached as to what qualifies as generic or nonsectarian....

Prayer that reflects beliefs specific to only some creeds can still serve to solemnize the occasion, so long as the practice over time is not “exploited to proselytize or advance any one, or to disparage any other, faith or belief.” Marsh....

Finally, the majority disagrees with the view taken by the Court of Appeals that the Town of Greece violated the Establishment Clause by inviting predominantly Christian ministers to deliver the invocations:

The town made reasonable efforts to identify all of the congregations located within its borders and represented that it would welcome a prayer by any minister or layman who wished to give one. That nearly all of the congregations in town turned out to be Christian does not reflect an aversion or bias on the part of town leaders against minority faiths. So long as the town maintains a policy of nondiscrimina­tion, the Constitution does not require it to search beyond its borders for non-Christian prayer givers in an effort to achieve religious balancing....

One section of Justice Kennedy's opinion-- Part II-B-- was joined only by Chief Justice Roberts and Justice Alito.  This section amounts to an extensive argument as to why the city council invocations at issue were not coercive:

The principal audience for these invocations is not, indeed, the public but lawmakers themselves, who may find that a moment of prayer or quiet reflection sets the mind to a higher purpose and thereby eases the task of governing....

The analysis would be different if town board members directed the public to participate in the prayers, singled out dissidents for opprobrium, or indicated that their decisions might be influenced by a person’s acquiescence in the prayer opportunity. No such thing occurred in the town of Greece. Although board members themselves stood, bowed their heads, or made the sign of the cross during the prayer, they at no point solicited similar ges­tures by the public. Respondents point to several occa­sions where audience members were asked to rise for the prayer. These requests, however, came not from town leaders but from the guest ministers, who presumably are accustomed to directing their congregations in this way and might have done so thinking the action was inclusive....

In their declarations in the trial court, respondents stated that the prayers gave them offense and made them feel excluded and disrespected. Offense, however, does not equate to coercion. Adults often encounter speech they find disagreeable; and an Establishment Clause violation is not made out any time a person experiences a sense of affront from the expression of contrary religious views in a legislative forum, especially where, as here, any member of the public is welcome in turn to offer an invocation reflecting his or her own convictions.....

An opinion by Justice Thomas, joined by Justice Scalia, explained their refusal to join Part II-B of Justice Kennedy's opinion. They argued that the Establishment Clause should not be seen as being applicable to the states. The then added that even if the Establishment Clause is seen as incorporated against the states, "the municipal prayers at issue in this case bear no resemblance to the coercive state establishments that existed at the founding." In their view: "to the extent that coercion is relevant to the Establishment Clause analysis, it is actual legal coercion that counts-- not the "subtle coercive pressures" allegedly felt by respondents...."

Justice Kagan wrote a dissent, joined by Justices Ginsburg, Breyer and Sotomayor, emphasizing the difference between city council meetings and state legislatures, and arguing that the Town of Greece has violated the constitutional requirement of religious equality:

Greece’s town meetings involve participation by ordinary citizens, and the invocations given—directly to those citizens—were predominantly sectarian in content. Still more, Greece’s Board did nothing to recognize religious diversity: In arranging for clergy members to open each meeting, the Town never sought (except briefly when this suit was filed) to involve, accommodate, or in any way reach out to adherents of non-Christian religions. So month in and month out for over a decade, prayers steeped in only one faith, addressed toward members of the public, commenced meetings to discuss local affairs and distribute government benefits. In my view, that practice does not square with the First Amendment’s promise that every citizen, irrespective of her religion, owns an equal share in her government.

Justice Kagan added:

[T]he not-so-implicit message of the majority’s opinion—“What’s the big deal, anyway?”—is mistaken. The content of Greece’s prayers is a big deal, to Christians and non-Christians alike.....  Contrary to the majority’s apparent view, such sectarian prayers are not “part of our expressive idiom” or “part of our heritage and tradition,” assuming the word “our” refers to all Americans.... They express beliefs that are fundamental to some, foreign to others—and because that is so they carry the ever-present  potential to both exclude and divide. The majority, I think, assesses too lightly the significance of these religious differences, and so fears too little the “religiously based divisiveness that the Establishment Clause seeks to avoid.” 

Justice Breyer also filed a separate dissent.  Justice Alito (joined by Justice Scalia) also wrote a concurrence directly responding to Justice Kagan's dissent.  CNN reports on today's decision.

City Council Settles Suit By ending Invocations, Abolishing Chaplain Position

The Freedom From Religion Foundation announced last week that it has reached a settlement with the city of Pismo Beach, California which it sued last year challenging its practice of opening city council meetings with Christian prayer, usually offered by the city chaplain who is a Pentecostal clergyman. (See prior posting.) In the settlement, which must be approved by the court, the city agreed to end its practice of opening meetings with prayer, abolish the city chaplain position, and pay plaintiffs nominal damages and attorney fees of about $47,500. [Thanks to Andrew Seidel for the lead.]

Maryland County Will Obey Injunction on Christian Prayer

Last Tuesday, a week after a contempt of court motion was filed against members of the Carroll County, Maryland Board of Commissioners for violating a court order barring them from using specific Christian references in Council invocations, the Board by a vote of 3-2 adopted a resolution to obey the court's order, at least while the case is in litigation.  Christian Post reports that unedr the resolution, only Board President Dave Roush will present the invocation. He may still refer to "God," "Heavenly Father," "God of Abraham," or similar phrases, but will not use the name "Jesus."  One of the two commissioners voting against the motion, Richard Rothschild, complained: "[T]his resolution asked me to refuse to acknowledge the Son of God. In my judgment, this resolution asked me to, in effect, disown him.... Censorship is not freedom."

Contempt Motion Filed Against County Commission For Christian Prayers

The American Humanist Association announced that yesterday it filed a contempt of court motion (full text) against members of the Carroll County, Maryland Board of Commissioners for violating a court order (see prior posting) barring them from using specific Christian references in Council invocations.  One day after the entry of the injunction, Council member Robin Frazier delivered an explicitly Christian invocation and expressed objections to the court order. Then on Tuesday, the Board invited Bruce Holstein (reportedly the campaign manager of one of the Commissioners) to speak. He read a statement and offered a prayer harshly critical of the judge's decision, saying in part:

The judge may have prevented you commissioners from praying to Jesus Christ, but I want you to know that we, the citizens of Carroll County, are not gonna stand for it.

We are overruling Judge Quarles’ objection by offering this prayer on your behalf: Heavenly father, I stand here this morning and ask your blessing on our five county commissioners.... They have received a court Order from a misguided judge who forbids them from praying in the name of your son, Jesus Christ. This Order discriminates against Christians and is a gross violation of our commissioners’ First Amendment Constitutional rights. Therefore I ask you to bless their proceedings today and bless the case about Christian prayer before the Supreme Court and I ask for these blessings in Jesus’ name. Amen.

While the court's injunction ran against the Board members, plaintiff in its Memorandum of Law (full text) argues that it also bars the prayer delivered by Holstein:

There is no question the Defendants had the authority to stop this person from delivering a prayer at their Board meeting. They also had the ability clarify to the public, after the prayer was delivered, that it was not endorsed or supported by the Board.

The full text of the statements and prayers by both Commr. Frazier and Mr. Holstein are included in the Memorandum of Law.