Supreme Court ruling favors prayer at council meetings

Tuesday, May 6, 2014 1:10 AM
Last updated 1:18 AM
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WASHINGTON — A narrowly divided Supreme Court upheld decidedly Chris­tian prayers at the start of local council meetings Monday, declaring them in line with long national traditions though the country has grown more religiously diverse.

The content of the prayers is not significant as long as they do not denigrate non-Christians or try to win converts, the court said in a 5-4 decision backed by its conservative majority.

Though the decision split the court along ideological lines, the Obama administration backed the winning side, the town of Greece, N.Y., outside Rochester.

The outcome relied heavily on a 1983 decision in which the court upheld an opening prayer in the Nebraska Legislature and said prayer is part of the nation’s fabric, not a violation of the First Amendment’s guarantee of freedom of religion.

Writing for the court on Monday, Justice Anthony Kennedy said that forcing clergy to scrub the prayers of references to Jesus Christ and other sectarian religious figures would turn officials into censors. Instead, Kennedy said, the prayers should be seen as ceremonial and in keeping with the nation’s traditions.

“The inclusion of a brief, ceremonial prayer as part of a larger exercise in civic recognition suggests that its purpose and effect are to acknowledge religious leaders and the institutions they represent, rather than to exclude or coerce nonbelievers,” Kennedy said.

Justice Elena Kagan, writing for the court’s four liberal justices, said, “I respectfully dissent from the court’s opinion because I think the Town of Greece’s prayer practices violate that norm of religious equality – the breathtakingly generous constitutional idea that our public institutions belong no less to the Buddhist or Hindu than to the Methodist or Episcopalian.”

Kagan said the case differs significantly from the 1983 decision because “Greece’s town meetings involve participation by ordinary citizens, and the invocations given – directly to those citizens – were predominantly sectarian in content.”

Kennedy himself was the author of an opinion in 1992 that held that a Christian prayer delivered at a high school graduation did violate the Constitution. The justice said Monday there are differences between the two situations, including the age of the audience and the fact that attendees at the council meeting may step out of the room if they do not like the prayer.

In her dissent, Kagan said the council meeting prayers are unlike those said to open sessions of Congress and state legislatures, where the elected officials are the intended audience. In Greece, “the prayers there are directed squarely at the citizens,” she said.

Kagan also noted what she described as the meetings’ intimate setting, with 10 or so people sitting in front of the town’s elected and top appointed officials. Children and teenagers are likely to be present, she said.

Kennedy and his four colleagues in the majority all are Catholic.

They are: Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

Kagan was joined by Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor. Of the four, three are Jewish, and Sotomayor is Catholic.

Senior counsel David Cortman of the Alliance Defense Freedom, which represented the town, applauded the court for affirming “that Americans are free to pray.”

Ayesha Khan, the legal director for Americans United for Separation of Church and State, said the court disregarded the interests of religious minorities and nonbelievers. But Khan said she saw a “silver lining” in the outcome because the court rejected a more sweeping ruling that would have made it even harder to prove a violation of the Constitution.

A federal appeals court in New York had ruled that Greece violated the Constitution by opening nearly every meeting over an 11-year span with prayers that focused on Christianity.

Kennedy, however, said judges should not be involved in evaluating the content of prayer because that could lead to legislatures requiring “chaplains to redact the religious content from their message in order to make it acceptable for the public sphere.”

He added, “Government may not mandate a civic religion that stifles any but the most generic reference to the sacred any more than it may prescribe a religious orthodoxy.”

The case is Greece v. Galloway, 12-696.

IN AUGUSTA

The Augusta Commission has opened its semi-monthly meetings with a mostly Christian religious invocation for as long as most anyone can remember, although the city adjusted procedures for the mayor’s prayer breakfast after a 2012 legal challenge filed by the Freedom From Religion Foundation.

Augusta Deputy City Clerk Nancy Morawski said her office arranges for a pastor, rabbi or, occasionally, an imam to give the invocation at the start of each commission meeting.

The officials are generally, but not exclusively, the heads of Augusta congregations and are selected based on availability from a list the office keeps, Morawski said.

“We need more prayer,” said the Rev. Marion Williams, currently the only pastor serving on the 10-member commission.

Two years ago, another city prayer tradition – the mayor’s prayer breakfasts, established by Mayor Deke Copenhaver in 2005 – was upset when the Freedom From Religion Foundation challenged former mayoral executive assistant Karyn Nixon’s role in coordinating the breakfasts.

After the atheist and agnostic group demanded access to records associated with the monthly breakfasts, which rotate through Augusta churches, and determined the only expenditure of city resources was Nixon’s time, responsibility for coordinating the events was turned over to a church group.

– Susan McCord, staff writer

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dickworth1
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dickworth1 05/06/14 - 05:39 am
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Prayer works
Unpublished

Prayer works and thank God for the supreme court ruling in favor of prayer. Democrats and republicans do not run my life, God does!

shrimp for breakfast
5422
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shrimp for breakfast 05/06/14 - 10:06 am
1
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YAY!!!!

YAY!!!! Finally some sense!!!!!

JRC2024
8514
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JRC2024 05/07/14 - 07:53 am
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Thumbs up to both the above.

Thumbs up to both the above. This country was founded on the Christian Religion and should stay that way. Tolerance of other religions has always been the norm and should always be but they should not try to change our ways since they are the ones moving here and not vice versa.

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