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Thursday, December 01, 2005

Ind. Decisions - More on "Federal Court limits prayers in Indiana House"

"House prayers can't invoke Jesus: Federal judge declares that invocations advancing a specific religion are unconstitutional" is the front-page headline to this story by Richard D. Walton in the Indianapolis Star. (See, or scroll down to, this ILB entry from yesterday for quotes from the ruling, a link to the ruling, and background.) Some quotes:

The case stemmed from a lawsuit filed by the Indiana Civil Liberties Union on behalf of four citizens. The suit contended the House prayers -- a 188-year tradition -- overwhelmingly promoted Christian values. * * *

Of 53 prayers offered in the House during the 2005 session, 41 were delivered by people identified with Christian churches, Hamilton's written opinion says. Of the 45 prayers for which transcripts were available, 29 were offered in the name of Jesus, the Savior and/or the Son. * * *

In an incident that prompted some offended representatives to walk out of the chamber, one minister led the House in the singing of Just a Little Talk with Jesus. This spurred the legal challenge.

Court records filed on behalf of Bosma noted that prayers have been said before American legislative bodies since colonial days. His side argued that the House prayers were inclusive in that people of all faiths can volunteer for the duty, and that there is no discrimination on who is chosen. Jewish and Muslim clerics also delivered the prayer during the last legislative session.

Lesley Stedman Weidenbener of the Louisville Courier Journal reports:
[Representative] Bosma, an Indianapolis Republican, called the ruling "intolerable."

"This is a terrible decision, and I'm honestly shocked," he said. "It goes much further than any other court really in the nation has in dictating the content of free speech, especially here in the House where free speech is held in such high regard."

Bosma said he and his attorneys are reviewing all their legal options, including an appeal. He also said in response to a question that no option -- including defying the order -- has been ruled out.

Ken Falk, the Indiana Civil Liberties Union attorney who filed the lawsuit against Bosma that led to yesterday's decision, said the issue is not one of free speech but instead whether government can invoke a religious view.

The U.S. Supreme Court set boundaries for legislative prayer in a 1983 case, he said, and Hamilton's ruling simply follows that precedent.

"When a human being steps forward to the speaker's pulpit and ascends those stairs, that person is now the state of Indiana," Falk said. "As the state of Indiana, that person must be inclusive and cannot endorse any one religious faith or belief."

Hamilton's decision applies only to the Indiana House. It does not affect the state Senate, city or county councils, or any other governmental body, many of which also begin their meetings with prayers.

But Falk said it will serve as a "strong precedent" for challenges to Christian prayers in the Senate or local meetings. He said other public officials should take note and ensure that their prayers are nondenominational.

The Evansville Courier& Press's Jennifer Whitson reports here. A quote:
Ken Falk with the Indiana Civil Liberties Union represented the plaintiffs.

"(The sectarian prayers) are very exclusive," Falk said. "And (the House) is the last place in the state of Indiana that we want anyone to feel that they are less of a citizen."

And while Bosma said the injunction's wording barring the use of the name Christ was unique, Falk said there are at least three other federal injunctions that disallow naming any deity.

"‘Christ’ removed from Indiana House: Opening prayer called illegal; speaker incensed" is the headline that covers it all in the Fort Wayne Journal Gazette today. Niki Kelly writes:
INDIANAPOLIS – A federal judge issued a permanent injunction Wednesday barring Republican House Speaker Brian Bosma from allowing sectarian prayer and requiring him to advise clergy and others not to use Christ’s name to open up sessions of the Indiana House of Representatives.

The 60-page, strongly worded opinion dismissed all of Bosma’s arguments in the lawsuit, filed by the Indiana Civil Liberties Union in May.

The ICLU argued that many of the prayers offered crossed the line into proselytizing for Christianity and violated the U.S. Constitution.

U.S. District Court Judge David F. Hamilton – the son of a minister – gave numerous examples of such activity in his decision, noting that at least 29 of the 53 opening prayers last session were offered in the name of Jesus, Jesus Christ, the Savior or the Son. * * *

Bosma conducted an afternoon news conference, repeatedly calling the edict intolerable.

“I am honestly shocked,” he said. “Every man and woman of faith … should be allowed to pray in accordance with their own conscience. I think that’s the American way.”

He also said that prayers have been offered representing many faiths, and he said in a written statement that “it is intolerable that a court in this free society would ask a person to censure the prayer they offer in the tradition of their faith.”

Bosma continually focused on the freedom-of-speech aspect to the case, while ICLU legal director Ken Falk said the case was about the Establishment Clause of the U.S. Constitution, which prohibits government from establishing or favoring a religion.

Bosma has 30 days to decide whether to appeal, and said he will consider all his legal options. He didn’t exclude any possibility, including defying the ruling.

Falk, though, said he doubts Bosma would risk a contempt citation given his status as a licensed attorney in the state.

Posted by Marcia Oddi on December 1, 2005 08:14 AM
Posted to Ind Fed D.Ct. Decisions