Tag Archives: ZZADF: 21305

Lyle Denniston at Constitution Daily: When the court agreed to hear the new prayer case from the city of Greece, New York, a community of about 100,000 people near Rochester, it stepped into a case in which a prayer practice at the opening of the town board meeting was struck down by a lower court using the endorsement theory. And, by granting review of that specific decision, the justices may well have been telegraphing a desire to second-guess the endorsement theory when prayers are recited at the outset of a public meeting of a government agency, with adults making up most of the audience.

Christian Post: “A few people should not be able to extinguish the traditions of our nation merely because they heard something they didn’t like,” Brett Harvey, a senior counsel with Alliance Defending Freedom, said, according to USA Today. “Because the authors of the Constitution invoked God’s blessing on public proceedings, this tradition shouldn’t suddenly be deemed unconstitutional.”

Florida Today: Alliance Defending Freedom, an Arizona-based Christian nonprofit group, appealed the case to the Supreme Court. It is supported in separate briefs by 49 mostly Republican members of Congress and 18 state attorneys general.

Robert Barnes at the Washington Post: The religious legal organization Alliance Defending Freedom represented the town of Greece — a community of about 100,000 residents near Rochester — in challenging the appeals court decision. “Americans today should be as free as the Founders were to pray,” senior counsel David Cortman said in a statement. “The Founders prayed while drafting our Constitution’s Bill of Rights, and the Supreme Court has ruled that public prayer is part of the ‘history and tradition of this country.’ ”

Business Insider: Thomas Hungar, representing Greece’s city hall with support from Alliance Defending Freedom, a social conservative group, said “legislative prayer” is deeply rooted in American history. “We hope the court will reaffirm the settled understanding that such prayers, offered without improper motive and in accordance with the conscience of the prayer-giver, are constitutional,” the lawyer said.

Stephen Prothero at CNN: That is unlikely to happen, since there is, as Alliance Defending Freedom has argued, an “unambiguous and unbroken history” of prayer in government bodies in the United States. But there is an equally long history of ensuring that these prayers are, as Americans United has observed, “inclusive and non-sectarian.” And those in Greece were neither.

Associated Baptist Press: David Cortman, senior counsel of Alliance Defending Freedom, which is representing the town, told the Post the framers of the Constitution prayed while drafting the Bill of Rights. “Americans today should be as free as the Founders were to pray,” he said.

Salon: As reported by USA Today: . . . David Cortman, a lawyer for the town, said in a statement that prayer at council meetings is consistent with a longstanding tradition of prayer at government functions: “Americans today should be as free as the founders were to pray,” he said. “The founders prayed while drafting our Constitution’s Bill of Rights.”

JD Journal: The non-Christian town residents will be presented by Americans United for Separation of Church and State, while the town will be represented by Alliance Defending Freedom, whose senior counsel, David Cortman, claims the framers of the Constitution prayed during the drafting of the Bill of Rights, and, as the Washington Post reports, “Americans today should be as free as the Founders were to pray.”

Democrat and Chronicle: Alliance Defending Freedom, the national religious defense group representing Greece pro bono, said the court “affirmed America’s long-standing practice of opening public meetings with prayer in 1983 and now has the opportunity to do so again.” It is supported in separate briefs by 49 mostly Republican members of Congress and 18 state attorneys general . . . “The practice of legislative prayer is firmly embedded in the history and traditions of this nation,” said Thomas Hungar of Gibson, Dunn and Crutcher, the attorney who filed the challenge. “We hope the court will reaffirm the settled understanding that such prayers, offered without improper motive and in accordance with the conscience of the prayer-giver, are constitutional.”

GOP USA: Recent legal attacks by people offended by such prayers have created significant confusion in the lower courts. “A few people should not be able to extinguish the traditions of our nation merely because they heard something they didn’t like,” said Brett Harvey, a senior counsel with Alliance Defending Freedom.

Religion News Service at Washington Post: Alliance Defending Freedom, an Arizona-based Christian nonprofit group, appealed the case to the Supreme Court. It is supported in separate briefs by 49 mostly Republican members of Congress and 18 state attorneys general.“A few people should not be able to extinguish the traditions of our nation merely because they heard something they didn’t like,” said the ADF’s senior counsel, Brett Harvey.

Christianity Today: The Alliance Defending Freedom, which is representing the town in the case, says a previous, 30-year-old ruling still stands, settling the matter.

Ken Klukowski at Breitbart: ADF then asked Thomas Hungar of Gibson Dunn & Crutcher, one of the most accomplished Supreme Court litigators in the nation—to become lead counsel on the case and join with ADF in asking the Supreme Court for review by filing a petition for certiorari. Today the Supreme Court granted that petition. ADF’s David Cortman says: Americans today should be as free as the Founders were to pray. The Founders prayed while drafting our Constitution’s Bill of Rights, and the Supreme Court has ruled that public prayer is part of the “history and tradition of this country.” American continues this cherished practice.

ALLIANCE DEFENDING FREEDOM NEWS RELEASE May 20, 2013 – FOR IMMEDIATE RELEASE CONTACT MEDIA AND PUBLIC RELATIONS: (480) 444-0020 orwww.adfmedia.org/home/contact   Prayer will be heard on high US Supreme Court to weigh in on prayers presented before public meetings   WASHINGTON — The U.S. …

Adam Liptak at NY Times: In 1983, in Marsh v. Chambers, the Supreme Court upheld the Nebraska Legislature’s practice of opening its legislative sessions with an invocation from a paid Presbyterian minister, saying that such ceremonies were “deeply embedded in the history and tradition of this country.” David Cortman, a lawyer for the town, said its practices were consistent with that tradition. “Americans today should be as free as the founders were to pray,” he said in a statement. “The founders prayed while drafting our Constitution’s Bill of Rights.”

Wall Street Journal (PR Newsire): Family Research Council (FRC) commends the U.S. Supreme Court for its decision today granting review in Town of Greece v. Galloway. If the Court decides in favor of the town of Greece, the decision could become the most significant religious liberty victory in half a century. Director of FRC’s Center for Religious Liberty, Ken Klukowski, J.D., submitted an amicus brief on behalf of 49 Members of Congress supporting the Alliance Defending Freedom’s petition in this case addressing public prayer before town meetings.

AP: Reacting to the court action Monday, the Rev. Barry W. Lynn, Americans United executive director, said, “A town council meeting isn’t a church service, and it shouldn’t seem like one.” The town is represented by Alliance Defending Freedom, an Arizona-based group that presses faith-based cases in courts nationwide. ADF senior counsel David Cortman said the framers of the Constitution prayed while drafting the Bill of Rights. “Americans today should be as free as the Founders were to pray,” Cortman said.

AP: The Supreme Court said Monday it will hear a new case on the intersection of religion and government in a dispute over prayers used to open public meetings.

Religion Clause Blog: The U.S. Supreme Court today agreed to weigh in on the extensively litigated issue of opening city council meetings with prayer.

Americans United for Sep. of Church and State: Supreme Court Should Rule Against Sectarian Prayers Before Town Board Meetings, Says Americans United

U Legal Director Ayesha N. Khan, who directed the litigation for Americans United and will argue the Town of Greece v. Galloway case before the Supreme Court, said the justices should uphold the lower court’s ruling. “Legislative bodies should focus on serving the community and stay out of the business of promoting religion,” Khan said.

Reuters: The Alliance for Defending Freedom, a group that describes itself as an advocate for the rights of people to express their faith, is spearheading the town’s legal fight. The group’s lawyers point out that the town has never regulated the content of prayers and did not discriminate in selecting prayer-givers. “A few people should not be able to extinguish the traditions of our nation merely because they heard something they didn’t like,” Brett Harvey, one of the town’s lawyers, said in a statement. Galloway and Stephens have the support of another advocacy group, Americans United For Separation of Church and State.

Headline and Global News: Brett Harvey, senior consul for Alliance Defending Freedom, an advocacy group whose aim is “transforming the legal system and advocating for religious liberty, the sanctity of life, marriage and family,” according to their website, argues that a few offended people shouldn’t be able to bring down a longstanding tradition. “A few people should not be able to extinguish the traditions of our nation merely because the heard something they didn’t like,” Harvey said. “Because the authors of the Constitution invoked God’s blessing on public proceedings, this tradition shouldn’t suddenly be deemed unconstitutional.”

USA Today: “A few people should not be able to extinguish the traditions of our nation merely because they heard something they didn’t like,” said Brett Harvey, a senior counsel with Alliance Defending Freedom. “Because the authors of the Constitution invoked God’s blessing on public proceedings, this tradition shouldn’t suddenly be deemed unconstitutional.” Thomas Hungar of Gibson, Dunn and Crutcher, the attorney who filed the challenge, said, “The practice of legislative prayer is firmly embedded in the history and traditions of this nation. We hope the court will reaffirm the settled understanding that such prayers, offered without improper motive and in accordance with the conscience of the prayer-giver, are constitutional.”

Democrat and Chronicle: The U.S. Supreme Court on Monday postponed deciding whether to review a prayer case involving the town of Greece.

SCOTUS LiveBlog is reporting that the U.S. Supreme took no action in Town of Greece v. Galloway (legislative prayer case) or Elmbrook School District v. Doe (public high school graduations in church buildings).

Star Gazette: David Cortman, senior counsel with Alliance Defending Freedom, said using prayer to open public meetings is a long-standing American tradition that has been upheld by the Supreme Court. “Nonetheless, new legal attacks by people and activist groups claiming to be ‘offended’ by the way private citizens voluntarily pray have created significant confusion in the lower courts,” he said. In the Greece case, the Court of Appeals “suggested the current legal complexity may cause local and state governments to abandon the practice, which predates the founding of America.”

Democrat and Chronicle: David Cortman, senior counsel with Alliance Defending Freedom, said using prayer to open public meetings is a long-standing American tradition that has previously been upheld by the Supreme Court. “Nonetheless, new legal attacks by people and activist groups claiming to be ‘offended’ by the way private citizens voluntarily pray have created significant confusion in the lower courts,” he said. In the Greece case, the Court of Appeals “suggested the current legal complexity may cause local and state governments to abandon the practice, which predates the founding of America.”

More information here.

Brett Harvey and Joel Oster at the Federalist Society: Tension between the Supreme Court’s holding in Marsh and the dictum in Allegheny has created confusion in the lower courts regarding the proper standard(s) to use when evaluating legislative prayer practices. Central to the confusion is the government’s role in regulating the content of legislative prayers. For courts that apply the endorsement test to the context surrounding a legislative prayer practice, distinguishing between private expression and government expression is critical to the viability of the practice. For courts that apply a historical analysis, as in Marsh, the content of the prayer does not define the analysis absent evidence of government exploitation, irrespective of its classification as government or private expression. The First Amendment is a shield against a government-imposed civil orthodoxy. Legislative prayer is a historic tradition practiced across the country at every level of government. The circuits are irreconcilably conflicted about the application of fundamental, constitutional principles. The current disputes provide the Supreme Court with an opportunity to resolve these conflicts and provide clarity to the law.

One News Now: The two recent appeals court rulings were in favor of prayer before town council meetings in Lancaster, California and Lakeland, Florida. Alliance Defending Freedom (ADF) attorney Brett Harvey tells American Family News the lawsuits were filed by atheists. “They’ve got two complaints: Their first complaint is that there’s any prayer at all. But they know that that’s a tall order in light of clear Supreme Court precedent that says you can have a prayer, so they’ve modified their complaint to say, Well, you can pray, but you can’t pray in the name of Jesus,” Harvey reports.

Sacramento Bee: The 9th U.S. Circuit Court of Appeals in San Francisco ruled on Tuesday that the Lancaster City Council’s invocation policy is constitutional because it allows for the opening prayer to be said by any faith or religion. | Rubin v. City of Lancaster

WBTA1490.com: A religious freedom lawsuit involving the town of Greece could end up before the U.S. Supreme Court. The group Alliance Defending Freedom has asked the high court to reconsider an appeals court ruling involving prayers used to start Greece Town Board meetings.

Democrat and Chronicle: David Cortman is senior counsel with Alliance Defending Freedom, which has represented Greece at no charge since the case was filed in 2009 by two Greece residents who objected to the prayers. He blasted the appellate court decision, noting a long history in the U.S. of opening legislative sessions with prayer. “The town of Greece had a constitutional practice of allowing citizens to voluntarily deliver a prayer according to the dictates of their own conscience,” he said via email. “While the district court upheld the practice, the appeals court found it unconstitutional because the town did not invite non-Christian clergy from outside its borders.”

Chris Gacek of FRC at the Washington Times: In May 2012, the U.S. Court of Appeals for the 2nd Circuit issued an aggressive, secular ruling in a “legislative” prayer case arising from a small town in western New York. In Town of Greece v. Galloway . . . The court applied a totality-of-the-circumstances analysis that paid close attention to the content of the prayers. The court recognized the prayers “did not preach conversion, threaten damnation to nonbelievers, downgrade other faiths, or the like.” Nevertheless, the court balanced factors like the proportion of prayers offered by self-identified Christians, whether prayers “contained uniquely Christian references,” and finally whether the person offering the prayer used first-person plural pronouns (“we” or “us”).

FRC: Signed by 49 Members of Congress, including the chairman of the House Judiciary Committee, the document makes a convincing argument that prayers before government meetings are constitutional and a matter of religious liberty for all Americans. You can read the brief in its entirety here. FRC filed the brief on behalf of the Members to support the Alliance Defending Freedom’s petition to the U.S. Supreme Court in the case Town of Greece v. Galloway . . . FRC’s friends at the Alliance Defending Freedom have compiled a list of all relevant briefs, including FRC’s and that of a group of distinguished theologians.

PRNewswire: Family Research Council’s (FRC) Ken Klukowski, J.D., has submitted an amicus brief on behalf of 49 Members of Congress supporting the Alliance Defending Freedom’s petition to the U.S. Supreme Court in the case Town of Greece v. Galloway.

Supreme Court filings demonstrate breadth of support for historical practice of prayer before public meetings

Liberty Institute: oday, on behalf of several distinguished Christian theologians and scholars, Liberty Institute filed a friend-of-the-court brief in the United States Supreme Court supporting a request for the High Court to hear an important religious freedom case that could determine the future of prayers before legislative bodies throughout the U.S. The theologians seek to overturn the U.S. Court of Appeals for the Second Circuit’s ruling in the case Galloway v. Town of Greece, which declared the town’s legislative prayers unconstitutional because they were not religiously diverse. A copy of the brief may be found here.

In May, the U.S. Court of Appeals for the 2nd Circuit said that, because the town contains predominantly Christian clergy, it should invite non-Christians from other jurisdictions to invite to pray at its own town meetings and take other uncommon steps to ensure that non-Christians do not “feel like outsiders.”

WWNTRadio: Former Alabama Chief Justice Roy Moore (R) from Gallant announced that he and the Foundation for Moral Law legal organization in Montgomery, Alabama, have filed an amicus curiae brief in the U.S. Court of Appeals for the 2nd Circuit.

Alan Sears at TellADF: Few cases illustrate so clearly the lengths to which many in today’s legal culture will go to undermine your Christian heritage and religious liberties as one Alliance Defense Fund attorneys are currently appealing in Greece, New York.

Fox News: The Alliance Defense Fund, an Arizona-based group that presses faith-based cases in courts nationwide, represented the town in court. It said it will appeal the ruling.
Joel Oster, senior counsel for ADF who argued the town’s case, called the ruling “highly inconsistent” with what the Supreme Court has said on the issue and said it means towns will have to “complete an obstacle course” before they can qualify to say a prayer before a meeting. “The town has no obligation to go outside of its borders as if it’s an affirmative action program,” he said.

Findlaw: “The court wants the town to be prayer monitors, to determine how many prayers in Jesus’ name are too many,” which would violate the Establishment Clause, the Alliance Defense Fund’s Joel Oster told Thomson Reuters News & Insight.

Federal News Radio: The Alliance Defense Fund, an Arizona-based group that presses faith-based cases in courts nationwide, represented the town in court. It said it will appeal the ruling. Joel Oster, senior counsel for ADF who argued the town’s case, called the ruling “highly inconsistent” with what the Supreme Court has said on the issue and said it means towns will have to “complete an obstacle course” before they can qualify to say a prayer before a meeting. “The town has no obligation to go outside of its borders as if it’s an affirmative action program,” he said.

2nd Circuit says town should go outside its borders to search for non-Christians

Reuters: Joel Oster of the Alliance Defense Fund, which represents Greece, said the town was prepared to appeal the case as far as the Supreme Court. “The court wants the town to be prayer monitors, to determine how many prayers in Jesus’ name are too many,” he said. That outcome violates the Establishment Clause, he said. Oster pointed to a 2008 ruling by the 11th Circuit in Pelphrey v. Cobb County, Georgia, upholding a county commission’s opening prayer policy.| Galloway v. Town of Greece, No. 10-3635-cv

ADF Attorney Joel Oster appeared on the Josh Tolley Show to discuss this: Will 2nd Circuit uphold right of NY town to allow prayer before public meetings? | MP3 audio 27:27 mins

OneNewsNow.com: Alliance Defense Fund attorney Kevin Theriot says that since the nation’s founding, public meetings have been opened with prayer — and there is no legal reason, he explains, why a town should be denied this right. “This practice has always been lawful in America, and the district court rightly affirmed its constitutionality in this case last year,” says Theriot

Democrat and Chronicle: The Alliance Defense Fund, a Christian organization, has represented the town pro bono.

Democrat and Chronicle: The Alliance Defense Fund, a Christian organization, has represented the town pro bono.

Alliance Defense Fund Senior Legal Counsel Joel Oster will be available for media interviews Monday at the U.S. Court of Appeals for the 2nd Circuit following his oral argument at a hearing concerning the right of the Greece Town Board to open public meetings with prayers offered by invited clergy