Federal judge: Ind. legislative prayers can't favor 1 religion

First Amendment Center ^ | 12/2/05 | Staff

[EBH]

INDIANAPOLIS — Prayers that typically open sessions of the Indiana House of Representatives can no longer mention Jesus Christ or advance a religious faith, a federal judge has ruled.

U.S. District Judge David Hamilton issued a permanent injunction on Nov. 30 barring House Speaker Brian Bosma from permitting sectarian prayer as part of the official business of the House.

[NavVet]

For the love of (CENSORED).

[Edgerunner]

Congress must limit the jurisdiction of federal judges so they don't have the jurisdiction to limit free speech and the exercise of religion. (IMHO)

[Tai_Chung]

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.

Exactly where does it say sectarian prayer is unconstitutional in public places? If the Indiana House required only Christian prayer, then that would violate the establishment clause.

[Enterprise]

The Indiana House of Representatives should tell Emperor Hamilton to take a flying leap at the moon. Maybe he could do something with his life. Get a job or sumptin.

[ThisLittleLightofMine]

Whomever is praying should be allowed to pray what is heart felt, in my opinion. No limits on free speech.

[Emmett McCarthy]

It's inherently absurd to say that a prayer is offered without reference to whom the prayer is directed. Not that such a simple fact would stop a federal judge from asserting that it be done.

[xzins]

"The state is not to give the impression of endorsing one particular religious tradition but rather to celebrate the rich plurality of faiths that make up the state of Indiana,"

Essentially, this judge has stated that Christian religions are not permitted to exist. Instead, he has said that the state has created rules for prayers that override the real religions that actually do exist in America. This state prayer is OK, but the prayers of real religions are not as good as the state prayer.

The judge has just created an establishment of religion...and has created a prayer for that previously non-existent religion.

The rabbi in the above quote is guilty of the same thing. Rather than deal with real religions, this rabbi wants the state to create a "neutral" religion that doesn't exist anyplace at this point in time.

This ruling is a GROSS VIOLATION of the 1st amendment.

If each speaker is permitted simply to be himself, and if rabbis and imams are included on a numerically representative basis, then has the ideal situation of not endorsing any one religion. All are permitted both to be themselves and to have their turn.

[geezerwheezer]

If this ruling by some federal judge doesn't wake up American ideals and sensibilities about religion, nothing will. There is a constant assault on religion going on, in particularly the Christian religions. We need to stand up and say "no more of this b.s. from unelected judges who do not hold our religious views sacrosanct." Enough is enough.

[YOUGOTIT]

There is nothing in the Constitution that gives a federal judge the right to tell a state legislature what they can or cannot do in their legal setting of passing laws for the state.

This should be appealed and if not successful the congress should pass a law that stops any federal court from interference in the affairs of individual state legislatures.

[bill1952]

Apparently, the judiciary of this country takes the view that

freedom of religion, means freedom from religion.

They need to be smacked down, but the wonderful pro arab legal lobby (I think its CARE) is pushing this agenda right behind the ACLU.

We have had suits threatened in Florida over, now get this, the lack of the Muslim Holiday Ramadan.

Here, one school district (are you listening?) canceled ALL Christian holidays!

Fortunately, the parents smacked that down posthaste, but imagine if it was done in the blue NE or the left coast.

It's coming.

[Samurai_Jack]

IGNORE THE RULING, PRAY ANYWAY!

[Galveston Grl]

So now we have leftist judges setting "acceptable" uniform prayers for the country. The judge has banned certain words from the prayers of Americans. If this is not in violation of the establishment clause, what is?

No one should obey him. He is not the government's prayer dictator. Let him send in his army to round of all the folks saying incorrect prayers in public. What an idiot.

[Samurai_Jack]

IGNORE THE RULING, PRAY ANYWAY!

[Frank_2001]

Agreed!

[auto power]

...we need a PUKE alert...

[mysterio]

This is a tough blow for hoosiers. I guess we'll have to make ourselves feel better by moving the clock an hour earlier, giving the colts a few hundred million more dollars, and increasing taxes on alcohol and cigarettes.

[maxsand]

HON. DAVID F. HAMILTON, JUDGE
United States District Court
Southern District of Indiana
46 E. Ohio Street, Room 105
Indianapolis, IN 46204

Sir:

“All of us who have inherited the liberties of the religion clauses of the First
Amendment continue to elaborate on their meaning and application one case at
a time. In this case, for the reasons set forth above, plaintiffs are entitled to a
permanent injunction against the Speaker in his official capacity barring him from
permitting sectarian prayer as part of the official proceedings of the Indiana House
of Representatives. If the Speaker chooses to continue any form of legislative
prayer, he shall advise persons offering such a prayer (a) that it must be nonsectarian and must not be used to proselytize or advance any one faith or belief
or to disparage any other faith or belief, and (b) that they should refrain from
using Christ’s name or title or any other denominational appeal.”

So ordered.
Date: November 30, 2005
/s/ David F. Hamilton
DAVID F. HAMILTON, JUDGE
United States District Court
Southern District of Indiana



"Mere mention of the word religion has caused eruptions of animalistic rage among National Socialists."


EWALD VON KLEIST-SCHMENZIN
National Socialism: A Menace
Der Nationalsozialismus (Berlin: Verlag Neue Gesellschaft, 1932).

[Celtman]

Congress must limit the jurisdiction of federal judges so they don't have the jurisdiction to limit free speech and the exercise of religion. (IMHO)

      Strategy difference of opinion.  Congress needs to exercise its power of impeachment and removal from office.  (IMHO)

[The Ghost of FReepers Past]

A prayer doesn't make law.