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. Galloway and Stephens are described in their court filings as a Jew and an atheist.
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 that 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."
The case is Greece v. Galloway, 12-696.
Follow Mark Sherman on Twitter at: @shermancourt
- Pope in blistering critique of Vatican...
- NYPD: Cop ambush killer told passers-by to watch
- 9 films advance in Oscars shortlist for best...
- The Associated Press' top 10 movies of the year
- 10 years on, where did all the tsunami debris...
- 'Hobbit' goes out on top with $90.6 million...
- Spain hands out $3B in planet's biggest lottery
- Police: Fugitive killed Florida officer
- Vermont governor abandons single-payer... 33
- Forget Santa Claus, Virginia. Was there... 19
- Police boss: NYC cops 'quite simply,... 17
- A post-election flurry: Obama tests his... 16
- NYPD: Cop ambush killer told passers-by... 13
- Going it alone, Obama rocked the boat... 8
- Utah mourners for Pakistani children... 8
- Obama declares 2014 'a breakthrough... 7