Another voice of reason in our Federal Courts. County Commoners start every meeting with a prayer. A citizen claims it’s unconstitutional. District Court disagrees!
SUTTON, Circuit Judge, concurring.
“Let us pray.” Or “Let me pray.” “Please join me in prayer.” Or “Please join me, if you wish, in prayer.” “Please stand reverently as we pray.” Or “Please stand reverently, if you wish, as we pray.” “Council member Smith will now offer a prayer.” Or “Our chaplain will now offer a prayer.” “We pray these things in Jesus’s name.” Or “We pray these things in God’s name.” “We pray these things in God’s name” while making the sign of the cross. Or “We pray these things in God’s name” without making the sign of the cross.
In telling Congress and eventually the States that they “shall make no law respecting an establishment of religion,” the First Amendment does not preference any of these options. Nor does the guarantee suddenly spring into action based on the percentage of invocation prayers given in one faith tradition over time—25%?, 50%?, 75%?, 100%?—so long as the governmental body does not exclude prayers because of their content.
Good manners might have something to say about all of this and how it is done. So too might the Golden Rule. But the United States Constitution does not tell federal judges to hover over each town hall meeting in the country like a helicopter parent, scolding/revising/okaying the content of this legislative prayer or that one. Read more here. And here’s a link to the original lawsuit.