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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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