ILNews

Plaintiffs can't sue over legislative prayer

Michael W. Hoskins
January 1, 2007
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In a long-awaited ruling from the 7th Circuit Court of Appeals today, the former Indiana speaker of the House of Representatives came out the winner in a suit challenging prayers in the General Assembly sessions.

While former Speaker Brian Bosma has won this appellate round, a  2-1 panel of judges didn't touch the controversial merits of the case, and the case could still go to the United States Supreme Court.

The federal appellate court ruled today that plaintiffs who filed a suit against Bosma and the Indiana General Assembly for opening legislative sessions with a prayer do not have standing to sue. The court reversed and remanded Anthony Hinrichs, et al. v. Speaker of the House of Representatives of the Indiana General Assembly, Nos. 05-4604 and 05-4781.

Judges heard arguments from both sides in September 2006, which came following a November 2005 ruling by U.S. District Judge David Hamilton in the Southern District of Indiana that held 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.

The American Civil Liberties Union of Indiana had sued in May 2005 on behalf of a retired Methodist minister, a lobbyist for a statewide Quaker group, and two Roman Catholics who objected to the practice of opening each legislative session with a prayer.

Circuit Judges Kenneth Ripple and Michael Kanne used those facts and relied on a plurality ruling by the U.S. Supreme Court earlier this year that offered guidance on when taxpayers can sue. That case was Hein v. Freedom from Religion Foundation, Inc., 127 S. Ct. 2553 (2007).

In its decision, the Circuit judges noted that the legislative practice isn't mandated by statute. House Rule 10.2 merely provides that a prayer or invocation be given each meeting day before the House conducts any business. 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.

In a 23-page dissent, Circuit Judge Diane Wood argued her colleagues overextended caselaw and denied plaintiffs a day in court.

"In my view, the taxpayer-plaintiffs before us have alleged enough to win the right to present their challenge to the House Prayer before a judicial forum," Judge Wood wrote, noting this case is about whether plaintiffs are entitled to a judicial determination of how certain legislative rules and practices violate the Establishment Clause of the First Amendment.

The majority judges didn't agree, though, noting, "We are well aware of the time and energy that the parties and the district court have expended on the merits of this matter."

Both sides have said previously that this case has the potential for an appeal to the nation's highest court; a decision on that could come in the next 90 days.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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