A Louisiana school district that has been riddled with religious lawsuits got some backing Wednesday after a panel of judges overturned a decision that had formerly barred them from opening their meetings with prayer.
The U.S. Court of Appeals for the 5th Circuit ruled that the Tangipahoa Parish School Board – which has had five religious-related lawsuits brought against it in the past 13 years – could not be held accountable for an “offended observer” and has the right to have voluntary prayer at their meetings.
According to attorneys from the faith-based legal group Alliance Defense Fund (ADF), the decision severely undercuts the American Civil Liberties Union (ACLU), which has been filing the suits, in their use of the Establishment Clause.
“The court today has delivered a serious blow to the ACLU by affirming that the far left can no longer bully its way into court without any proven, concrete injury,” explained ADF senior legal counsel Mike Johnson in a statement. Johnson presented the oral argument on behalf of the school board defendants on May 22.
“Simply claiming that one is ‘offended’ by religious speech or symbols is not enough to spark a federal case,” he added.
For several decades, the Louisiana school board has opened all their meetings with prayer. But in October 2003, the ACLU sued the board on behalf of an anonymous plaintiff, claiming that the practice offended him.
After it went to trial, a decision was made in February 2005 by federal district court judge Ginger Berrigan, who also happened to be a former state president of the ACLU. In the ruling, she called for the board to permanently cease the prayers, because she argued that it was violating the plaintiff’s rights under the Establishment Clause of the First Amendment.
Following the situation, attorneys from ADF and their co-counsel from the law firm Adams and Reese filed an appeal, and the court granted their request.
After looking over the case, the 5th Circuit judges decided to overturn the district court’s opinion, with a majority statement explaining that it “spares this court from issuing a largely hypothetically-based ruling on issues of broad importance to deliberative public bodies in this circuit and beyond.”
The board members will now be able to resume their prayers at meetings.
“The practice of opening public meetings with prayer is and always has been lawful and appropriate,” added Johnson. “The Constitution does not ban citizens or elected officials from invoking divine guidance and blessings upon our public work.”
Other lawsuits that ACLU attorneys have brought up against the Tangipahoa Parish School Board include allowing the evangelical group Gideons International to hand out Bibles during school hours and allowing a “pizza preacher” who distributes pizza and teaches Christianity during lunch.
Comments
Well, Hampstead, you seem to not understand whatsoever, what "wall of seperation" ment to Jefferson. "Freedom of Religion" is not Freedom from religion. Jefferson also asked that money be spent to pay priests to convert and minister to Native Americans. Freedom of Religion and Wall of Seperation, as you call it, were intended to stop people like you from preventing public prayer. By the way in response to another comment in an article referencing the "Ten Commandments"--The laws of these United States come almost exactly from the Laws of God, written in Exodus and Leviticus, and are based primarily on the Ten Commandments. You probably should not bring up a legal "arguement"(if you can call it that) agian because your knowlege of these matters is nonexistent. Whether you like it or not the 10 Commandments and God are a large part of the identity of our country and our culture, ingrained from the founders. If you do not like this then there is one freedom I would hope that you choose "The Freedom to Leave" our country and never come back. I say this as a direct descendant of George Washington, who you have insulted with your misconceptions. As a patriotic American, I also say this, we do not need cowards like you in this country, the weak of the human race--who one and one alone, the Great Fool and Coward.
Hope they open their mornings and close their evenings at home with prayer. The private chamber Jesus talked about.
ProfessorX-tis true tis true,they dont know there dead spiritualy-they just havent died phisicaly,
HampsteadPete-howmany times has our goverment opened various meatings and functions by various groups theyve invited muslims to pray hindu, seiks, doli loma budists humanists ect,or do you just want christians to go away,and stop bothering you
May the ACLU become completely bankrupt from all the frivilous anti-Christ lawsuits that they put forth and will continously lose, along with every other atheistic and communistic organization that supports them.
where is it written about this wall of divide between church and state,i read the constitution and its not there people,I beleve it came out of a communists speech and was heard and adopted be a liberal,one that was anti God,I would rather live with the freedoms of multi faiths- than no faiths allowed,
Sure, marteblackmon, 'till the court allows YOUR school board to open with a prayer to some god you don't happen to approve of. I don't think you understand what "wall of separation" means, do you? When the Baptists in Danbury CT. wrote Jefferson, it was because they were concerned that they would not be able to freely practice their religion, as the Congregationalists were very much in control of the state legislature, and were threatening to stifle some religious freedoms.
As Jefferson assured them, the Constitution, in the Bill of Rights, guarantees everyone the right to practice any religion, or even no religion at all.
What WONDERFUL news. Another victory for our liberties.