Statehouse prayer sequel?

November 19, 2008
Back to TopCommentsE-mailPrintBookmark and Share
UPDATE Nov. 20: The ACLU of Indiana’s Ken Falk said today that the rumblings about Statehouse prayer he’s hearing are disconcerting and that the legislators’ actions will warrant a watchful eye. He didn’t say it, but another legal battle regarding prayer may be on the horizon.

From IL reporter Michael Hoskins: 

Within hours of the mostly ceremonial Organization Day when legislators returned to the Statehouse to kickoff their next session, one of Indiana’s leading lawmakers all but invited a sequel to the legislative prayer suit that tied up thousands of dollars and huge amounts of energy because of a prayer practice.

A year after the decision came down from the federal appeals bench, this issue could have gone with little notice to those outside the House and Senate chambers on Tuesday and what happened in 2005 didn’t have to stay on everyone’s minds as our elected leaders enter what is expected to be a tough budget-setting session. But some wouldn’t let it be.

The American Civil Liberties Union of Indiana had filed suit in 2005 over the practice of opening the daily sessions of the General Assembly with prayer. Some were offended by the references to Jesus Christ. U.S. District Judge David Hamilton later decided that prayers couldn’t mention the name Jesus Christ or any Christian terms because that amounted to a state endorsement of a religion, but the 7th Circuit Court of Appeals on Oct. 30, 2007, reversed that decision and ordered the suit be dismissed. The appellate panel decided 2-1 not to rule on the constitutional merits but rather on procedural grounds that the plaintiffs didn’t have standing to sue in the first place. Reacting at this time last year, the Senate opted to perform a prayer and pointed out the suit never applied to that body, while the House cautiously performed a non-sectarian prayer at this time last year in order to not step on toes. The ACLU warned it was going to stay on top of the issue, just in case.

Nothing has changed, except that the full 7th Circuit in the meantime decided not to rehear the case en banc. The issue could have gone under the radar this session, but former House Speaker Brian Bosma – whose office issued a news release at 4:12 p.m. Tuesday and described him as the one “targeted” by the 2005 ACLU suit – brought it all up again. Yes, both legislative bodies did open with a prayer during their afternoon meetings and that was open to anyone there at the time. But Bosma appears to have decided to make it an issue.

He comments in the news release: “I am thankful and grateful for Speaker (Pat) Bauer’s spirit of bipartisanship and inclusiveness in allowing a return to thoughtful and heartfelt prayers by people of diverse faiths. For more than 186 years men and women of faith have been allowed to open House sessions with their invocations of faith and hope. The free speech of all Hoosiers has been protected by returning to this honored practice.”

Allowing a prayer specific to one religion is a symbol of bipartisanship and inclusiveness? Really? Maybe the former speaker could clarify how exactly politics fits into someone wanting or not wanting a prayer at the start of a legislative session where state business will be discussed?

He adds, "The right of the General Assembly to decide its own procedure without judicial interference and the right of men and women to share their prayers and faith with the Indiana House of Representatives has been properly restored.”

It also may be worthwhile for Bosma to reexamine exactly what the 7th Circuit decided (or didn’t decide) when reversing and dismissing the case. The appellate panel did not rule on the constitutional merits, meaning the issue could still come up in some fashion. The ACLU of Indiana’s legal director Ken Falk said early this year, “I would hope that the House doesn't somehow think that this is a validation of the prayer practices.” Falk noted then that the civil liberties group would likely consider filing a new lawsuit with plaintiffs who come into contact with the prayers and who therefore might have legal standing, if the former practices resume.

Despite the fact that the legislative prayers did happen, Bosma seems eager to throw fuel on the fire and create a new legal battle on the same issue.
ADVERTISEMENT
  • here we go again. where is the sensitivity? if i am a Jew, a Hindu, a Muslim, an agnostic or a Wiccan and go into the legislature or the courts, how can i think i can get justice if everything is Jesus this and Jesus that....? the more the focus iremains on this as an issue, the more minorites will disrespect the process.
  • That is just it, if government officials feel the need to press their faiths into government activity who is to say they won\'t do the same on actual matters?
    This is why people are so turned off by Indiana. It isn\'t that we have Christian government officials, it is that we have officials that would press their beliefs on government activity that is supposed to be open to every Hoosier, not just Christian Hoosiers.
    I know many Christians who find this ridiculous and not appropriate.
    Religion is supposed to be appropriate. These officials make it seem like there is a war on Christianity.
    There isn\'t. It is an imaginary cultural war that is cuasing dangerous lashes against small groups.
    I do not ask that my government officials abandon their faith, by all means, practice what you believe and have faith in.
    All I ask is that my government do not serve just one group in the state.
    I ask that my government be secular so it can take care of everyone, not just Christian Hoosiers.
    Things like this prompt me to literally move to more progressive regions.
    As an agnostic I do not feel like these officials or the state government would defend any small group in this state.
    This is not a Christian, Muslim, Jewish, Athiest, or Agnostic nation,
    this is a nation of laws and reason.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT