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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. 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?

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