Written by Don ByrdThe Supreme Court’s decision earlier this week to take up the issue of legislative prayer for the first time in 30 years leaves many questions about the future of the government prayer balance. Veteran reporter Lyle Deniston considers what this decision likely means in a new essay for Constitution Daily. The Appeals Court used the endorsement test – the view that government action is improper if it gives the appearance of an affiliation or endorsement with a religious perspective – to invalidate the prayer practice of Town of Greece. Is that the problem?
Written by Don ByrdWhether 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.”
Written by Don ByrdVia Religion Clause, a lawsuit has been filed in Carroll County, Maryland, over the County Commission’s practice of opening meetings with sectarian prayer. Commissioners lead the prayer on a rotating basis. The Complaint alleges the prayers are often explicitly Christian.
Written by Don ByrdIn February, Rapid City, South Dakota sought the advice of its attorney regarding its invocation practice, following a complaint from the Freedom From Religion Foundation. The attorney offered a set of options that included some sound advice: craft a non-sectarian, inclusive policy, and consider moving the prayer so that it occurs before the meeting, rather than as an official part of the meeting. So how did the Council respond?
Written by Don ByrdThe Minnesota Senate today sensibly defeated a measure that would have explicitly allowed sectarian prayer by guest clergy to open each legislative day. As the debate over legislative prayer continues to heat up, it’s important to remember that there is more than the free speech of the clergy member at stake.