Skip to content
Catholic Online Logo

By Deacon Keith Fournier

5/8/2014 (3 months ago)

Catholic Online (www.catholic.org)

Many media reports indicated the somehow the High Court

On Monday, May 5, 2014, the United States Supreme Court issued its opinion in an important case involving the establishment clause of the First Amendment of the Bill of Rights of the US Constitution, Town of Greece v Galloway. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What is of particular importance in this important Supreme Court opinion has not come through clearly in many media reports. Nor has it been clear in much of the commentary on the Supreme Court opinion. That is why I am weighing in on the matter.

The US Supreme Court rejected the contemporary misguided notion that has often led to the changing of the content of prayers to somehow accommodate the perceived obligation to respect the pluralistic nature of the population. The majority opinion noted that the prayers in Greece, New York, reflected the population in Greece, New York. The majority opined - The decidedly Christian nature of these prayers must not be dismissed as the relic of a time when our Nation was less pluralistic than it is today.

The US Supreme Court rejected the contemporary misguided notion that has often led to the changing of the content of prayers to somehow accommodate the perceived obligation to respect the pluralistic nature of the population. The majority opinion noted that the prayers in Greece, New York, reflected the population in Greece, New York. The majority opined - The decidedly Christian nature of these prayers must not be dismissed as the relic of a time when our Nation was less pluralistic than it is today.

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

5/8/2014 (3 months ago)

Published in U.S.

Keywords: prayer, establishment clause, free exercise, E.W. Jackson, Supreme Court, Lemon Test, Greece v Galloway, Justice Kennedy, Deacon Keith Fournier


WASHINGTON,DC (Catholic Online) - On Monday, May 5, 2014, the United States Supreme Court issued its opinion in an important case involving the establishment clause of the First Amendment of the Bill of Rights of the US Constitution, Town of Greece v Galloway.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

What is of particular importance in this important Supreme Court opinion has not come through clearly in many media reports. Nor has it been clear in much of the commentary on the Supreme Court opinion.

That is why I am weighing in on the matter.

Many media reports indicated the somehow the High Court "upheld" prayer before legislative and governmental meetings - such as prayers before Congressional sessions or town council meetings. That fact is that such prayers are a longstanding part of our history and have been upheld before.

The seminal case was the 1983 Supreme Court opinion in Marsh v Chambers, 463 U.S. 783 (1983). In that case the US Supreme Court upheld the practice of starting legislative sessions with a prayer and opined that it has been a longstanding part of the American tradition dating back to the First Congress.

What has developed over the years since the Marsh opinion has been a mistaken notion concerning the content of such prayer and invocations. They have increasingly been made generic. This is usually because public officials, misguided lawyers, and citizens, held a mistaken idea that "the law" required such a practice. In fact, I know that many public officials are mistakenly of the opinion that only non-sectarian prayers are allowed.

That is what is important about the Greece opinion from the Supreme Court.

In the Town of Greece New York, though visitors of various religious traditions were invited to lead the opening prayer before the meetings, the content of the prayers was not scrutinized. If the people leading them were Christians, than the ending of the prayer, with the Christian practice of praying in the name of Jesus, was regularly employed.

That led to the lawsuit - which wound its way through the Court system and ended up at the United States Supreme Court. The Plaintiffs objected to the use of "In Jesus Name" and claimed that specifically Christian prayers somehow violated the establishment clause of the First Amendment.

The Court made clear that not only is prayer before legislative meetings constitutional, but prayer "in Jesus name" is also constitutional.

The Opinion states: "An insistence on nonsectarian or ecumenical prayer as a single, fixed standard is not consistent with the tradition of legislative prayer outlined in the Court's cases. The Court found the prayers in Marsh consistent with the First Amendment not because they espoused only a generic theism but because our history and tradition have shown that prayer in this limited context could "coexis[t] with the principles of disestablishment and religious freedom."

The Court took notice that " (The) Congress that drafted the First Amendment would have been accustomed to invocations containing explicitly religious themes."

The Supreme Court rejected the contemporary misguided notion that has often led to the changing of the content of prayers to somehow accommodate the perceived obligation to respect the pluralistic nature of the population.

The majority opinion noted that the prayers in Greece, New York, reflected the population in Greece, New York. The majority opined - The decidedly Christian nature of these prayers must not be dismissed as the relic of a time when our Nation was less pluralistic than it is today.

The Court rightly rejected the idea that the content of prayers before such sessions should somehow be censored to ensure they were "non-sectarian". In fact, the Court noted that such a mistaken approach would compel courts "to act as supervisors and censors of religious speech" and  "involve the government in religious matters to a far greater degree" than the Constitution ever intended.

Sadly, that is precisely what poor establishment clause jurisprudence has brought about over the last few decades. In 1992 following the incomprehensible Supreme Court opinion in Lee v Weisman, while still serving as the Executive Director of the American Center for Law and Justice, a public interest law firm, I wrote a law review article entitled "In the Wake of Weisman: The Lemon Test is Still a lemon but the Psycho-coercion Test is more bitter Still".

In that article, after tracing the history of the interpretation of the Establishment clause of the First Amendment to the US Constitution and the developments of the last few decades, I predicted the insanity that would follow from the efforts of the Supreme Court to apply the so called "Lemon Rule" (named after the Courts 1971 opinion in Lemon v Kurtzman) and it's ever expanding interpretations and permutations.

We have experienced a judicial ping pong game of incomprehensible opinions requiring a showing that religious symbols have a secular purpose - as though religion and the common good are mutually exclusive!  A part of this mistaken notion that secular purpose means secularism has been to eviscerate ceremonial prayer of its true religious identity.

The effort to scrub the public square of religious expression and symbols is a threat to religious freedom, runs contrary to our founding documents, and is unfaithful to our history as a free people. It also represents an incorrect application of the Establishment Clause, found in the First Amendment to the United States Constitution.

The Establishment Clause of the First Amendment of the Bill of Rights is best understood as an anti-establishment clause. It was intended to prohibit the "establishment" of one particular religion - in the sense of a Federal or State sponsored Church which mandated adherence from unwilling citizens. The American founders fled coercive approaches to religion which compelled adherence to a particular sect. Yet, they were not anti-religious.

They were MOST assuredly NOT against religious symbols or religious expression, including prayer before legislative sessions. Our history is filled with them. Or, more accurately, it once was. Religious symbols are no longer seen as a wonderful sign of the history of the West and the American founding by some. Rather they are seen as a threat to the increasingly hostile secularist order. When they are allowed they must be demonstrated to have been eviscerated of any religious meaning and somehow thereby rendered "secular" and acceptable.

That is why the impact of this opinion has yet be written in our history. We must act courageously and creatively in response. Among the most creative responses I have seen recommended since the decision was handed down was the encouragement contained in this press release from my friend, E.W. Jackson of Virginia.

E.W. Jackson is a Marine Corps Veteran and graduate of Harvard Law school. He was the Republican nominee for Lt. Governor of Virginia in 2013 and currently serves as President of STAND and Bishop of Exodus Faith Ministries in Chesapeake, VA.His dedication to life, family and religious freedom have been inspiring. Readers of Catholic Online are familiar with his recent run for Lieutenant Governor of my home State of Virginia through my writing.

***** 

E.W. JACKSON CALLS ON CITIES AND COUNTIES TO LIFT RESTRICTIONS ON PRAYER, INCLUDING PRAYER IN THE NAME OF JESUS

For Immediate Release

May 6, 2014
Contact: Daniel Bradshaw
Phone: 434-603-1216
Email: Daniel@standamerica.us

Norfolk, VA - E.W. Jackson, 2013 Republican Nominee for Lt. Governor of Virginia, is urging cities and counties in Virginia and around the country, to lift restrictions on prayer before public meetings.  This week's Supreme Court Decision in the case of Town of Greece, New York v. Galloway held that prayer before Council meetings and other public bodies is Constitutional.  Justice Kennedy wrote:
 
"From the earliest days of the Nation...invocations have been addressed to assemblies...Even those who disagree as to religious doctrine may find common ground in the desire to show respect for the divine in all aspects of their lives and being...The prayers delivered in the town of Greece do not fall outside the tradition this Court has recognized. A number of the prayers did invoke the name of Jesus, the Heavenly Father, or the Holy Spirit, but they also invoked universal themes,...by...calling for a "spirit of cooperation" among town leaders...That nearly all of the congregations in town turned out to be Christian does not reflect...bias on the part of town... [T]he Constitution does not require it to search beyond its borders for non-Christian prayer givers in an effort to achieve religious balancing."
 
According to Jackson, this decision strikes a major blow for religious liberty.  "Pastors have been told not to pray in the name of Jesus, and sometimes prayer has been outlawed altogether before public meetings for fear that someone will be offended.  The Court has now confirmed what we already know.  Prayer is part of the long tradition of our country , and Christians should be allowed to express themselves authentically, which includes praying in the name of Jesus."

Jackson, also a Bishop and Pastor, is encouraging ministers to reject requests by public officials not to pray in the name of Jesus.  "For a government official to require this of a minister," says the Bishop, "is not only morally offensive, but the Supreme Court has declared that it is also unconstitutional." 

---


Pope Francis: end world hunger through 'Prayer and Action'


© 2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for August 2014
Refugees:
That refugees, forced by violence to abandon their homes, may find a generous welcome and the protection of their rights.
Oceania: That Christians in Oceania may joyfully announce the faith to all the people of that region.



Comments


More U.S.

Catholics Come Home Launches Beautiful New Television Series for E.W.T.N. Watch

Image of Tom Peterson, the founder and CEO of Catholics Come Home

By Deacon Keith A Fournier

I am happy to report to my readers that Catholics Come Home has produced a stunning and inspiring television series for the Eternal Word Television Network (E.W.T.N.). It began airing on Labor Day weekend. The series was filmed on location in various cities ... continue reading


Why I Said No to the ALS Ice Bucket Challenge: Embryonic Stem Cell Research Is Deadly Watch

Image of I was approached to take the Ice Bucket Challenge to help bring an end to ALS. I said No. I have tried to explain why I said No in this article. I hope it is a helpful contribution in our public discussion. As a Christian, it is never easy to be seen as seemingly unwilling to support a noble cause such as the eradication of a debilitating disease. However, it is vital that we stand for for the fundamental and foundational moral truth which underlies every effort to end disease, the dignity of every human person, including embryonic human persons.

By Deacon Keith A Fournier

I was approached to take the Ice Bucket Challenge to help bring an end to ALS. I said No. I have tried to explain why I said No in this article. I hope it is a helpful contribution in our public discussion. As a Christian, it is never easy to be seen as seemingly ... continue reading


Toward a Christian Vision of Human Work On Labor Day Watch

Image of Christians need to bear witness in the real world to the true value, purpose, meaning and dignity of all human work - just as we bear witness to the inherent value and dignity of every human worker. This is a vital part of our witness to an age which has lost its way.

By Deacon Keith A Fournier

Adam and Eve worked in the garden and it brought them great joy. For the Christian, work is meant to become a participation in the continuing redemptive mission of Jesus, and His ongoing work. Jesus viewed his entire life and mission as work. He was always doing ... continue reading


American Islamic terrorist Fort Hood shooter requests to join Islamic State as a 'citizen' Watch

Image of Nadal Hasan, the man who killed 13 people during a rampage at Fort Hood in 2009, has written a letter to the Islamic State asking to join the terrorist organization as a citizen.

By Catholic Online (NEWS CONSORTIUM)

U.S. Army psychiatrist, Nadal Hasan, who killed 13 people at Fort Hood back in November 2009 has written a letter to the leader of the Islamic State, asking to become a citizen of the Islamic State's caliphate, an attorney of Husan reported on August 28. LOS ... continue reading


St Augustine on a Personal Relationship with Jesus Watch

Image of St Augustine

By Deacon Keith Fournier

But we too can encounter Christ in reading Sacred Scripture, in prayer, in the liturgical life of the Church. We can touch Christ's Heart and feel him touching ours. Only in this personal relationship with Christ, only in this encounter with the Risen One do we ... continue reading


SHAKEN WINE: Strong earthquake jolts California's wine region Watch

Image of The weekend's temblor was felt widely throughout the region, from more than 200 miles south of Napa and as far east as the Nevada border.

By Catholic Online (NEWS CONSORTIUM)

A magnitude 6.0 earthquake rumbled through the early Sunday morning hours in the heart of California's wine country. The epicenter was near the city of Napa in the Golden State's north. Fires erupted in a mobile home park where four homes were destroyed and two ... continue reading


Money is NOT the Root of Evil: Living Simplicity Watch

Image of Simplicity is not about the quantity of the goods of the earth we possess. It is about our relationship to them. Jesus said - Where your treasure is, there your heart will be also. (Matt. 6:21).

By Deacon Keith A Fournier

Learning to live in evangelical Simplicity strips away what impedes love. In finding our proper relationship to the goods of the earth- not rejecting them, craving them, or turning them into an idol- we can learn true freedom. Our eyes are opened and everything begins ... continue reading


Is Transgenderism a Mental Disorder or a Right? Watch

Image of Pope Emeritus Benedict was absolutely correct when he said, - the profound falsehood of this theory and of the anthropological revolution contained within it is obvious. - Gender is a gift. It is also a given. The dangers of the Gender Identity Movement are becoming increasingly clear.

By Deacon Keith A Fournier

In a culture where freedom has been redefined as a right to choose anything and liberty has degenerated into license, the newspeak of the age has declared the instrumental use of the body of another to be sexual freedom. It is not freedom. It turns people into ... continue reading


WORST YET TO COME? Islamic State threat 'beyond anything we've seen,' Pentagon says Watch

Image of IS is

By Catholic Online (NEWS CONSORTIUM)

Catholic Online has been keeping very close watch on the atrocities being committed by Islamic State in both Iraq and Syria, and according to a top government official - the worst is yet to come. According to Defense Secretary Chuck Hagel, the sophistication, ... continue reading


Lawsuit dropped against devil worshiper in Oklahoma Watch

Image of Lawyers representing Archbishop Paul Coakley had earlier demanded the return of a communion wafer obtained by the group.

By Catholic Online (NEWS CONSORTIUM)

The leader of a satanic group in Oklahoma City had threatened that he and his followers would defile a consecrated communion wafer as an offering to Satan as a carnal sacrifice at a "Black Mass" ceremony inside Oklahoma City's Civic Center Music Hall. The ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, First Corinthians 3:1-9
1 And so, brothers, I was not able to talk to you as ... Read More

Psalm, Psalms 33:12-13, 14-15, 20-21
12 How blessed the nation whose God is Yahweh, the ... Read More

Gospel, Luke 4:38-44
38 Leaving the synagogue he went to Simon's house. ... Read More

Saint of the Day

Saint of the Day for September 3rd, 2014 Image

Pope Saint Gregory the Great
September 3: St. Gregory, born at Rome about the year 540, was the son of ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter