Skip to content
Catholic Online Logo

By Deacon Keith Fournier

5/8/2014 (2 years 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 (2 years 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." 

---


'Help give every student and teacher Free resources for a world-class moral Catholic education'


Copyright 2017 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for DECEMBER 2016
Universal:
End to Child-Soldiers: That the scandal of child-soldiers may be eliminated the world over.
Evangelization: Europe: That the peoples of Europe may rediscover the beauty, goodness, and truth of the Gospel which gives joy and hope to life.



Comments


More U.S.

Native Americans REJOICE as DAPL construction halts, but celebrations could be short lived Watch

Image of Protestors rejoiced following the announcement, but their joy may be short lived.

By Marshall Connolly (CALIFORNIA NETWORK)

The Army Corps of Engineers has denied permission for the Dakota Access Pipeline Project (DAPL) to build on federal land and under the water supply of the Standing Rock Sioux Reservation. LOS ANGELES, CA (California Network) -- For months, Native Americans have ... continue reading


30 confirmed dead in Oakland warehouse fire - The search for survivors continues Watch

Image of Several people were killed in an Oakland warehouse fire.

By Kenya Sinclair (CALIFORNIA NETWORK)

A deadly fire broke out in an Oakland, CA warehouse at about 11:32 p.m. Friday night. LOS ANGELES, CA (Catholic Online) - The Oakland Fire Department responded immediately but the warehouse was a series of artist studios and was in the midst of a party when the blaze ... continue reading


John the Baptizer and the Path to Freedom and Happiness Watch

Image of An Icon of John the Baptizer

By Deacon Keith Fournier

Our image of John is often as the austere ascetic, the odd fellow who lived in the desert eating a strange diet and thundering to Israel about repentance. We forget the joy that was associated with his birth and the happiness which accompanied his prophetic life ... continue reading


Tutor sends 7-year-old to hospital for 'being disruptive in class' Watch

Image of Timothy Korr was arrested for child abuse (Baltimore police).

By Kenya Sinclair (CALIFORNIA NETWORK)

Timothy Randall Korr is a 25-year-old tutor at City Springs Elementary School who has been charged with assaulting 7-year-old Trayvon Grayson in the classroom. LOS ANGELES, CA (Catholic Online) - Korr has been charged with felony child abuse and assault after police ... continue reading


ABOUT TIME - Texas now requires aborted children to be given a funeral Watch

Image of Texas will now require aborted children get funerals too.

By Marshall Connolly (CALIFORNIA NETWORK)

A new law in Texas should help reinforce respect for the sanctity of life. The law now ensures that children killed in abortion mills at least get a proper burial. LOS ANGELES, CA (California Network) -- Abortion is often treated as a "once-and-done" approach to ... continue reading


A miracle of Christ? Wildfire kills 11 but spares Jesus statue in Tennessee Watch

Image of Christ statue only survivor of Tennessee wildfire.

By (CNA)

As devastating wildfires continue to burn in East Tennessee, a startling discovery was made. Gatlinburg, Tennessee (CNA) - On Thursday, CNN said that one of its affiliate reporters had found a statue of Jesus in the remains of a burnt-down house in Sevier County. The ... continue reading


COLDPOCALYPSE - Record-shattering cold to freeze most of U.S., severe storms probable Watch

Image of

By Marshall Connolly (CALIFORNIA NETWORK)

The United States is about to be hammered with record-shattering cold. A super-frigid airmass has developed over Alaska and will drop down into the lower 48 states next week. The exceptional cold is likely to break records, drop snow, and spawn violent storms. LOS ... continue reading


Faith and the Future: Build on the Rock of Jesus and Become the Church Militant Watch

Image of The Church is the rock of refuge and a safe harbor in an age which is being shaken.

By Deacon Keith Fournier

The use of the expression Church Militant as a description of the mission of the Church on earth used to be very common. However, for lots of reasons, including a possible misunderstanding of the term in this increasingly violent age, it has fallen out of use. It ... continue reading


Surveillance footage released from Ohio State University attack Watch

Image of Ohio State University surveillance footage has been released (The Lantern).

By Kenya Sinclair (CALIFORNIA NETWORK)

When Artan Razak Ali Artan mowed down people and began a stabbing spree at Ohio State University, he sent eleven people to local hospitals, one of whom was in critical condition. LOS ANGELES, CA (Catholic Online) - In wake of the surprise attack, Ohio State University ... continue reading


THANK YOU JESUS! - Infant survives launch from car into storm drain Watch

Image of A car accident (not pictured) launched an infant onto the street.

By Kenya Sinclair (CALIFORNIA NETWORK)

A car accident was reported in Arkansas involving four adults and an 8-month-old child, which was thrown from the vehicle. LOS ANGELES, CA (Catholic Online) - Officials believe an 18-wheeler clipped the family vehicle, causing the accident and KSLA reported the event ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

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

Subscribe to Catholic OnlineYouTube Channel

Daily Readings

Reading 1, Isaiah 35:1-10
1 Let the desert and the dry lands be glad, let the wasteland rejoice and ... Read More

Psalm, Psalms 85:9-10, 11-12, 13-14
9 His saving help is near for those who fear him, his glory will dwell in ... Read More

Gospel, Luke 5:17-26
17 Now it happened that he was teaching one day, and Pharisees and ... Read More

Saint of the Day

Saint of the Day for December 5th, 2016 Image

St. Sabas
December 5: Sabas was born at Mutalaska, Cappadocia, near ... Read More