A Violation of the Religion Clause
Thursday, December 01, 2005
And it is a violation of the free speech clause of the First Amendment as well.From FOXNews:
A federal judge on Wednesday barred the Indiana House from opening its sessions with specifically Christian prayers, ruling that such prayers amount to "an official endorsement of the Christian religion."
Judge David Hamilton advised House Speaker Brian Bosma that invocations given in the Legislature should not use the name of Jesus Christ or Christian terms such as savior.
Of 53 opening prayers given in the House during the 2005 session, 41 were given by clergy identified with Christian churches and at least 29 mentioned Jesus Christ, according to court documents.
Hamilton said that practice "amounts in practical terms to an official endorsement of the Christian religion."
"All are free to pray as they wish in their own houses of worship or in other settings," Hamilton wrote. "Those who wish to participate in a practice of official prayer must be willing to stay within constitutional bounds."
Since the Indiana House invites religious leaders of other faiths to give invocations, I fail to see how this violates the Constitution. Neither Judge Hamilton nor the state of Indiana has any authority to dictate what religious leaders say in their prayers. Not only do they have a religious right to speak as they please, but they have a free speech right as well
Now, if religious leaders were forced to say a certain prayer or if citizens were required to endorse what is said, then the ACLU (of course!) may have had a case.
PS: Just in case you ask, no, I have no problem with the Indiana House inviting Muslims, Jews or leaders of any other faith to give the invocation. The Indiana legislature belongs to all of the people after all -- even Christians.
