Written by Don Byrd
In advance of the Supreme Court oral argument in the case of Town of Greece v. Galloway, the Baptist Joint Committee’s Nan Futrell explains why legislative prayer at the local level is different from congressional or state legislative prayer. The Supreme Court in Marsh upheld legislative prayers in certain conditions and settings. Do the unique elements of local government meetings warrant a different outcome?
Unique characteristics of local governments distinguish them from state legislatures and Congress in ways that make official prayer especially problematic at the local level. Most obviously, local governments do not share the long, uniform history of legislative prayer in Congress that was given such weight in Marsh (a feature which has itself been the subject of much debate). Moreover, prayers in Congress historically have been offered for and at the behest of legislators themselves — not the citizenry at large.
In Congress, neither legislators nor citizens are required to be present when the chaplain offers prayers. By contrast, citizens often must appear at local government meetings for any number of reasons: to petition public officials directly, to offer public comment on matters of community import, to receive recognition for civic achievements or even to fulfill school curriculum requirements. Simply put, citizens interact more directly with, and with a greater expectation of immediate impact upon, local government officials than they do with state legislators or Members of Congress. Meaningful participation in the political process should never be conditioned upon willingness to take part in a religious exercise.
Lots more coming on this case and the thorny issue of legislative prayer as we lead up to the Supreme Court’s argument in November. Nan’s great piece is a helpful place to start. Read the whole thing.
