SCOTUS allows lower court to ban prayer from public square

Daniel Horowitz – June 29, 2018

In case you thought that the potential to flip Justice Kennedy’s seat alone will bring us back to the constitutional promised land, think again. So long as the lower courts are not restrained, we will never return to the Constitution and the principles of the Declaration of Independence.

There is nothing more radical than a lower court granting standing to random plaintiffs to sue against non-coerced public prayer in county government meetings, prayers that have been going on since our founding. Yet a district judge in 2015 and the en banc decision of the radical Fourth Circuit in 2017 barred Rowan County, North Carolina, from opening council sessions with a prayer, similar to what our federal Congress does every day. Yesterday, the Supreme Court refused to grant certiorari to the appeal from Rowan County, despite three years of being under a tyranny that the judges know is unconstitutional.

We shouldn’t even need to get into court precedent to understand our heritage and the true meaning of the Establishment Clause of the First Amendment. But just four years ago, in Town of Greece v. Galloway, Justice Kennedy wrote for the majority that as long as the prayer “comports with our tradition and does not coerce participation by non-adherents,” there is no room for judicial intervention. “To hold that invocations must be non-sectarian would force the legislatures sponsoring prayers and the courts deciding these cases to act as supervisors and censors of religious speech,” Kennedy wrote in the 2014 case.

https://www.conservativereview.com

Court Blocks Prayer In North Carolina Legislature

Joshua Gill – July 14, 2017

A federal court ruled Friday that praying at the opening of North Carolina county commission meetings is unconstitutional.

The full 4th Circuit Court of Appeals overturned the initial ruling of the circuit’s 3 judge panel, which said that the prayers were constitutional so long as Rowan County commissioners did not pressure anyone to join. According to the full circuit’s 10-5 ruling, the prayers constitute a violation of the First Amendment’s Establishment Clause.

The American Civil Liberties Union filed the initial lawsuit over the prayers, and alleged the religious practice was discriminatory, according to NBC Charlotte.

The court’s ruling conflicts with the Supreme Court’s ruling three years ago that religious leaders may open legislative meetings with prayer, regardless of whether everyone in attendance adheres to the same faith, according to a press release sent to The Daily Caller News Foundation from First Liberty Institute.

http://dailycaller.com