Brian Bosma and other Republicans in the Indiana House of Representatives are fighting for their right to pray to Jesus Christ before getting onto godly duties like “Indiana: Central or Eastern?” and “Should We Salt The Roads When It Snows?”. For nearly 200 years, the Indiana House has opened its sessions with group prayer led by invited clergy. Not too bad, right? Tradition and stuff.
Two weeks ago a federal court judge barred prayers that mention Jesus Christ or endorse any religion at the opening of each daily session of the Indiana House of Representatives. Why?
Of 53 prayers offered in the House during the 2005 session, 41 were delivered by people identified with Christian churches, Hamilton’s written opinion says. Of the 45 prayers for which transcripts were available, 29 were offered in the name of Jesus, the Savior and/or the Son.
One prayer urged that “whatever you do in word or deed, do all in the name of the Lord Jesus.” Another called for a worldwide conversion to Christianity: “We look forward to the day when all nations and all people of the earth will have the opportunity to hear and respond to messages of love of the Almighty God who has revealed Himself in the saving power of Jesus Christ.”
This went on unchallenged for many years, until the Indiana Civil Liberties Union filed a lawsuit on behalf of four members of the House after the Rev. Clarence Brown sang “Just A Little Talk With Jesus” last April, citing that the Statehouse was overwhelmingly promoting Christian values. This godbagly musical session, which likely ended with lots of hugs, back-pats, and raucous versions of Kum Ba Yah, prompted several members of the House to walk out in disgust.
The U.S. Supreme Court has upheld the right of government bodies to open sessions with a prayer, noting the “unambiguous and unbroken history of more than 200 years.” But in the 1983 high court decision, the justices said the prayers can’t promote one religion over another or disparage any other religion. The justices also ruled the prayers cannot be used in an attempt to convert.
[Judge David Hamilton, himself the son of a minister,] found that “the consistently sectarian prayers” of the Indiana House go far beyond what that ruling permits.
“The prayer opportunities have frequently and consistently been used to advance the Christian religion,” he said.
Brian “Gay People Are Teh Suck” Bosma, who became the defendent in this case, called the ruling “intolerable,” “terrible,” and “shocking,” says he hasn’t decided whether or not to follow the order, and has recently decided to appeal, all the way to the Supreme Court if necessary. But here’s the deal. Judge Hamilton did not impose any punishment for anyone who decides to invoke Jesus, Vishnu, or Allah during the prayer sessions. This is a toothless, symbolic ruling intending to reinforce the Constitutional separation of church and state. Even with a new and changing SCOTUS, I doubt the highest court in the nation will adopt an “anything goes” philosophy when it comes to government and prayer. Bosma’s version of religious tolerance turns faith into mush.
Hamilton, I believe, was rather reasonable (understatement):
Hamilton acknowledged that his ruling “might make it difficult or even impossible for some clergy or believers to offer official prayers.”
“All are free to pray as they wish in their own houses of worship or in other settings,” Hamilton said in his ruling. “The individuals do not have a First Amendment right, however, to use an official platform like the Speaker’s podium at the opening of a House session to express their own religious faiths.”
The only constitutional alternative to nonsectarian prayer, he said, would be no prayer at all.
Recommended Reading:
Meeting the Test of Inclusive Prayer
More at the Indiana Law Blog