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Indiana takes lead in asking SCOTUS to reverse legislative prayer ban

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Indiana and Texas are the lead authors of an amicus brief filed Friday that asks the U.S. Supreme Court to reverse a 2nd Circuit Court of Appeals ruling banning legislative prayer at the beginning of a government meeting.

Attorney General Greg Zoeller issued a statement on the brief joined by 21 other states in Town of Greece, N.Y. v. Galloway, 12-696, urging the justices to “craft an unambiguous ruling that prayer is permitted before legislative bodies without requiring legislative leaders to screen prayers for sectarian references.” The court is expected to hear the case in the term beginning in October.

Zoeller’s statement notes that since the high court ruling 30 years ago in Marsh v. Chambers, 463 U.S. 783 (1983), “government officials at all levels typically are faced with costly litigation whether they decide to permit legislative prayer or not.

“The Court should reject the assumption that the content of private citizens’ prayers before legislative assemblies is attributable exclusively to the government,” according to the brief drafted by Indiana Solicitor General Thomas Fisher. “Such prayers, rather are expressions of private belief made in service to an elected body of citizens. Those present may participate or not, but each citizen’s mode of rendering this particular service to a governmental body may rightfully be accommodated.”

Other state AGs signing the brief are those from Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Utah, Virginia and West Virginia.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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