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Friday, October 28, 2005

Ind. Courts - Federal district court hears challenge to opening-day prayers in General Assembly

Martin DeAgostino reports today in the South Bend Tribune:

INDIANAPOLIS -- A trial in federal court today will determine the future, if any, for legislative prayers in the Indiana General Assembly.

U.S. District Judge David F. Hamilton has promised a ruling before Nov. 22, when lawmakers convene for a one-day session called Organization Day.

If history prevails, the day will open with prayer from an invited member of the clergy or an elected lawmaker.

But if a court challenge to the practice prevails, the prayer will either not occur or be limited to a nonsectarian form without reference to specific deities or religious beliefs.

That's the outcome sought by four plaintiffs, represented by the Indiana Civil Liberties Union, who say legislative prayer is too often marked by Christian references and beliefs that exclude non-Christians. * * *

The defendant is Speaker of the House Brian Bosma, R-Indianapolis, whose lawyers say the practice follows a line that starts with the first Congress and balances three constitutional principles: free speech, free exercise of religion and the establishment clause. The establishment clause is the First Amendment phrase that says "Congress shall make no law respecting an establishment of religion."

"This is about government speech," Bosma's lawyers said in briefs filed with the court, "but it is also about permitting service to the government without leaving one's conscience at the Statehouse door." Bosma also is challenging the plaintiffs' standing to file suit, on grounds that they have suffered no genuine injury.

Legislative prayer has a complicated legal history, according to [ICLU Legal Director Ken Falk] and Thomas M. Fisher, the deputy attorney general for Indiana who is handling Bosma's defense.

The U.S. Supreme Court allowed the practice in a 1983 decision, but Falk said it qualified its allowance by barring prayers that veer into proselytizing or the disparagement of other beliefs.

Lower courts have since interpreted that case, known as Marsh v. Chambers, as requiring nonsectarian prayer in government settings. * * *

The case is believed to be the first federal challenge to legislative prayer originating in Indiana.

The Indianapolis Star website has this story by Richard D. Walton. Some quotes:
The Rev. Clarence Brown had just thanked the Lord and Savior Jesus Christ when the Indiana House speaker reintroduced the Bedford cleric. The minister, Rep. Brian Bosma told his colleagues after the House prayer, "is going to bless us with a song."

As Brown sang "Just a Little Talk with Jesus," some state representatives stood and clapped. Rep. David Orentlicher walked out.

The Indianapolis Democrat, who is Jewish, later said he thought the prayer and hymn excluded him. "I feel it's inappropriate for a lot of citizens of Indiana," he said.

Brown's actions spurred numerous complaints that led the Indiana Civil Liberties Union to file a suit challenging the constitutionality of sectarian prayer in the House of Representatives. A hearing on the suit is scheduled for today in federal court.

At issue: separation of church and state versus freedom of religious expression. At stake is the 188-year-old House tradition of opening each day with a prayer. * * *

Ken Falk, the ICLU's legal director, says the organization does not oppose an invocation being said. The U.S. Supreme Court has ruled that prayer is permissible in legislative bodies. But he said court decisions have made clear the prayers should be nonsectarian -- that is, they must not promote one religion over another.

Bosma, R-Indianapolis, named as a defendant in the suit because he controls the agenda of the House, said the ICLU is trying to censor religious speech.
"They want . . . (to) have the government place a standard for appropriate prayer in this building, rather than allowing those invited clergy of all faiths . . . to pray in a manner that they are comfortable."

Posted by Marcia Oddi on October 28, 2005 12:14 PM
Posted to Ind Fed D.Ct. Decisions