SCOTUS Ruling Favors Prayer At Council Meeting (Click here to read more)
MARK SHERMAN - May 5, 2014, 10:56 AM EDT.
WASHINGTON (AP) - The Supreme Court said Monday that prayers that open town council meetings do not violate the Constitution even if they routinely stress Christianity.
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The court said in 5-4 decision that the content of the prayers is not significant as long as officials make a good-faith effort at inclusion.
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The ruling was a victory for the town of Greece, N.Y., outside of Rochester.
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In 1983, the court upheld an opening prayer in the Nebraska legislature and said that prayer is part of the nation's fabric, not a violation of the First Amendment. Monday's ruling was consistent with the earlier one.
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Justice Anthony Kennedy, writing for the majority, said the prayers are ceremonial and in keeping with the nation's traditions.
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"The inclusion of a brief, ceremonial prayer as part of a larger exercise in civic recognition suggests that its purpose and effect are to acknowledge religious leaders and the institutions they represent, rather than to exclude or coerce nonbelievers," Kennedy said.
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Justice Elena Kagan, in a dissent for the court's four liberal justices, said the case differs significantly from the 1983 decision because "Greece's town meetings involve participation by ordinary citizens, and the invocations given - directly to those citizens - were predominantly sectarian in content."
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A federal appeals court in New York ruled that Greece violated the Constitution by opening nearly every meeting over an 11-year span with prayers that stressed Christianity.
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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.
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