In orders today, the U.S. Supreme Court agreed to hear Town of Greece, NY v. Galloway. The decision means the high court will have its say on the hot-button church-state issue of legislative prayer for the first time in 30 years. The 2nd Circuit ruled in Town of Greece that the prayer practice of the city council violates the Constitution because it would give a reasonable person the impression that the town was “affiliated with Christianity.” Today’s decision means the Supreme Court will review the prayer policy of Town of Greece, and will likely impact the way local governments approach the issue of opening invocations.
Today’s order certifies the question this way:
Whether the court of appeals erred in holding that a legislative prayer practice violates the Establishment Clause notwithstanding the absence of discrimination in the selection of prayer-givers or forbidden exploitation of the prayer opportunity.
Lots more on this case in the weeks and months to come as the Supreme Court prepares to hear arguments in the case. Regular readers of this blog know that the issue of legislative prayer is one of the most commonly disputed church-state topic in courts around the country. Stay tuned.