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ACLU: Full court should rehear prayer case

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The American Civil Liberties Union of Indiana wants the full 7th Circuit Court of Appeals to reconsider a case involving legislative prayer.

The civil liberties organization Wednesday filed a petition for rehearing en banc in Anthony Hinrichs v. Speaker of the House of Representatives, No. 1:05-cv-00813. This request comes about two weeks after a three-judge circuit panel ruled that plaintiffs didn't have standing to sue lawmakers over legislative prayer and ordered that the federal suit be dismissed.

The Hoosier ACLU had sued in May 2005 on behalf of four people who objected to the practice of opening each legislative session with a prayer. U.S. District Judge David Hamilton in the Southern District of Indiana ruled that invocations offered in the Indiana House of Representatives could not mention Jesus Christ or use Christian terms such as savior because they amount to state endorsement of a religion.

But the Oct. 30 7th Circuit ruling reversed the District Court decision, though it didn't touch on the merits of the case.

In its decision, Circuit Judges Kenneth Ripple and Michael Kanne in the majority noted that the legislative practice isn't mandated by statute and that plaintiffs weren't able to point to any specific amount of money spent on the practice and that other than costs related to broadcasting online, nothing spent was directly related to the content of the prayers provided.

But legal counsel Ken Falk disagrees, writing that the panel's decision conflicts with precedent from the Supreme Court of the United States and its own past decisions.

"Consideration by the full court is therefore necessary to secure and maintain uniformity of the court's decisions," the 22-page brief says, delving into several cases it says were misinterpreted. "The panel decision has overruled the requirements for state taxpayer standing as developed by the Supreme Court ... This is beyond the prerogative of this Court and en banc review must be granted to remedy this error."

Falk notes that the plaintiff-taxpayers have brought a "good faith pocketbook action" to challenge clear Establishment Clause violations and have standing to sue.

Judge Diane Wood was the sole dissenter on the original panel and argued her colleagues overextended caselaw and denied plaintiffs a day in court. It would take a majority of the 11 active judges to rehear the case before the full court.

No clear timeline exists for the court to consider the request, but it could ask the state to submit a response brief. Both sides have said previously they expect this case to eventually be appealed to the nation's highest court.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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