Supreme Court: Prayer at council meetings Constitutional

Supremes Rule Prayer at Council Meetings Constitutional

https://i1.wp.com/upload.wikimedia.org/wikipedia/commons/4/43/Supreme_Court_US_2010.jpg

Supreme Court Justices… Robert’s Court

ABC News – Cross-Posted at – TeaParty.org :  (AP) – Prayers that open town council meetings do not violate the Constitution even if they routinely stress Christianity, a divided Supreme Court ruled Monday.

The court said in 5-4 decision that the content of the prayers is not significant as long as they do not denigrate non-Christians or proselytize.

The ruling by the court’s conservative majority was a victory for the town of Greece, N.Y., outside of Rochester. The Obama administration sided with the town.

In 1983, the court upheld an opening prayer in the Nebraska legislature and said that prayer is part of the nation’s fabric, not a violation of the First Amendment. Monday’s ruling was consistent with the earlier one.

Justice Anthony Kennedy, writing for the majority, said the prayers are ceremonial and in keeping with the nation’s traditions.

“The inclusion of a brief, ceremonial prayer as part of a larger exercise in civic recognition suggests that its purpose and effect are to acknowledge religious leaders and the institutions they represent, rather than to exclude or coerce nonbelievers,” Kennedy said.

Justice Elena Kagan, writing for the court’s four liberal justices, said, “I respectfully dissent from the Court’s opinion because I think the Town of Greece’s prayer practices violate that norm of religious equality — the breathtakingly generous constitutional idea that our public institutions belong no less to the Buddhist or Hindu than to the Methodist or Episcopalian.”

Kagan said the case differs significantly from the 1983 decision because “Greece’s town meetings involve participation by ordinary citizens, and the invocations given — directly to those citizens — were predominantly sectarian in content.”

A federal appeals court in New York ruled that Greece violated the Constitution by opening nearly every meeting over an 11-year span with prayers that stressed Christianity.

From 1999 through 2007, and again from January 2009 through June 2010, every meeting was opened with a Christian-oriented invocation. In 2008, after residents Susan Galloway and Linda Stephens complained, four of 12 meetings were opened by non-Christians, including a Jewish layman, a Wiccan priestess and the chairman of the local Baha’i congregation.

A town employee each month selected clerics or lay people by using a local published guide of churches. The guide did not include non-Christian denominations, however. The appeals court found that religious institutions in the town of just under 100,000 people are primarily Christian, and even Galloway and Stephens testified they knew of no non-Christian places of worship there.

The two residents filed suit and a trial court ruled in the town’s favor, finding that the town did not intentionally exclude non-Christians. It also said that the content of the prayer was not an issue because there was no desire to proselytize or demean other faiths.

But a three-judge panel of the 2nd U.S. Circuit Court of Appeals said that even with the high court’s 1983 ruling, the practice of having one Christian prayer after another amounted to the town’s endorsement of Christianity.

Kennedy, however, said judges should not be involved in evaluating the content of prayer because it could lead to legislatures requiring “chaplains to redact the religious content from their message in order to make it acceptable for the public sphere.”

He added, “Government may not mandate a civic religion that stifles any but the most generic reference to the sacred any more than it may prescribe a religious orthodoxy.”

Kennedy himself was the author an opinion in 1992 that held that a Christian prayer delivered at a high school graduation did violate the Constitution. The justice said Monday there are differences between the two situations, including the age of the audience and the fact that attendees at the council meeting may step out of the room if they do not like the prayer.

Kennedy and his four colleagues in the majority all are Catholic. They are: Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

In her dissent, Kagan said the council meeting prayers are unlike those said to open sessions of Congress and state legislatures, where elected officials are the intended audience. In Greece, “the prayers there are directed squarely at the citizens,” she said. Kagan was joined by Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor. Of the four, three are Jewish and Sotomayor is Catholic.

Kagan also noted what she described as the meetings’ intimate setting, with 10 or so people sitting in front of the town’s elected and top appointed officials. Children and teenagers are likely to be present, she said.

For anyone out there that doesn’t believe in miracles… the fact that Judicial Watch won the battle to get the documents released which included the smoking gun email that now has resulted Trey Gowdy being chosen to head up the Special Committee on Benghazi when the Establishment wanted Lindsay Graham, plus the Supreme Court just announced today that prayer at council meetings is Constitutional should give everyone hope and shore up a few weakened believers that if the American people stand-up, stand-together, get-involved and pray, there is still hope to turn America around.  God Bless America and God bless the souls of our murdered Ambassador… 4 American heroes and their parents who deserve closure and the truth!

About Ask Marion

I am a babyboomer and empty nester who savors every moment of my past and believes that it is the responsibility of each of us in my generation and Americans in general to make sure that America is as good or even a better place for future generations as it was for us. So far... we haven't done very well!! Favorite Quotes: "The first 50 years are to build and acquire; the second 50 are to leave your legacy"; "Do something that scares you every day!"; "The journey in between what you once were and who you are becoming is where the dance of life really takes place". At age 62 I find myself fighting inoperable uterine Cancer and thanks to the man upstairs and the prayers from so many people including many of my readers from AskMarion and JustOneMorePet... I'm beating it. After losing our business because of the economy and factors related to the re-election of President Obama in 2012 followed by 16-mos of job hunting, my architect-trained husband is working as a trucker and has only been home approximately 5-days a month since I was diagnosed, which has made everything more difficult and often lonely... plus funds are tight. Our family medical deductible is 12K per year for two of us; thank you ObamaCare. But thanks to donations from so many of you, we are making ends meet as I go through treatment while taking care of my father-in-law who is suffering from late stage Alzheimer's and my mother-in-law who suffers from RA and onset dementia as well as hearing loss, for which there are no caretaker funds, as I continue the fight here online to inform and help restore our amazing country. And finally I need to thank a core group of family, friends, and readers... all at a distance, who check in with me regularly. Plus, I must thank my furkids who have not left my side through this fight. You can see them at JustOneMorePet.
This entry was posted in Americana, Common Sense, Constitution, History, Knowledge Is Power, News and politics, Religion and Faith, Small Victories, Solutions, Spirituality, Success, Wisdom. Bookmark the permalink.

2 Responses to Supreme Court: Prayer at council meetings Constitutional

  1. Pingback: Obama Racks Up a String of Judicial Losses at Supreme Court | askmarion

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s