Victory for prayer in Jesus name?

2007-07-30 Thread Gordon James Klingenschmitt
ACLU just lost their case against prayer in Jesus name by Louisiana school 
board.
   
  
http://www.christianpost.com/article/20070727/28638_Judges_Overturn_Ban_on_School_Board_Prayer.htm
   
  This victory by ADF is worthy of celebration and wide-spread publicity.
   
  In Jesus name,
  Chaplain Gordon James Klingenschmitt
  719-360-5132 cell
   
  ---
   
Judges Overturn Ban on School Board Prayer  By   Doug Huntington
  Christian Post Reporter
  Fri, Jul. 27 2007 12:41 PM ET
   
A Louisiana school district that has been riddled with religious lawsuits 
got some backing Wednesday after a panel of judges overturned a decision that 
had formerly barred them from opening their meetings with prayer.
   
  The U.S. Court of Appeals for the 5th Circuit ruled that the Tangipahoa 
Parish School Board – which has had five religious-related lawsuits brought 
against it in the past 13 years – could not be held accountable for an 
“offended observer” and has the right to have voluntary prayer at their 
meetings.
   
  According to attorneys from the faith-based legal group Alliance Defense Fund 
(ADF), the decision severely undercuts the American Civil Liberties Union 
(ACLU), which has been filing the suits, in their use of the Establishment 
Clause.
   
  “The court today has delivered a serious blow to the ACLU by affirming that 
the far left can no longer bully its way into court without any proven, 
concrete injury,” explained ADF senior legal counsel Mike Johnson in a 
statement. Johnson presented the oral argument on behalf of the school board 
defendants on May 22.
   
  “Simply claiming that one is ‘offended’ by religious speech or symbols is not 
enough to spark a federal case,” he added.
   
  For several decades, the Louisiana school board has opened all their meetings 
with prayer. But in October 2003, the ACLU sued the board on behalf of an 
anonymous plaintiff, claiming that the practice offended him.
   
  After it went to trial, a decision was made in February 2005 by federal 
district court judge Ginger Berrigan, who also happened to be a former state 
president of the ACLU. In the ruling, she called for the board to permanently 
cease the prayers, because she argued that it was violating the plaintiff’s 
rights under the Establishment Clause of the First Amendment.
  Following the situation, attorneys from ADF and their co-counsel from the law 
firm Adams and Reese filed an appeal, and the court granted their request.
   
  After looking over the case, the 5th Circuit judges decided to overturn the 
district court’s opinion, with a majority statement explaining that it “spares 
this court from issuing a largely hypothetically-based ruling on issues of 
broad importance to deliberative public bodies in this circuit and beyond.”
   
  The board members will now be able to resume their prayers at meetings.
   
  “The practice of opening public meetings with prayer is and always has been 
lawful and appropriate,” added Johnson. “The Constitution does not ban citizens 
or elected officials from invoking divine guidance and blessings upon our 
public work.”
   
  Other lawsuits that ACLU attorneys have brought up against the Tangipahoa 
Parish School Board include allowing the evangelical group Gideons 
International to hand out Bibles during school hours and allowing a “pizza 
preacher” who distributes pizza and teaches Christianity during lunch.
   
   



   
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Re: Victory for prayer in Jesus name?

2007-07-30 Thread ArtSpitzer

Chaplain Klingenschmitt was well advised to put a question mark in his 
subject line.  Last week's CA5 decision does not uphold the constitutionality 
of the 
school board's practice.   Rather, the case (DOE v. TANGIPAHOA PARISH SCHOOL 
BOARD, No. 05-30294 (July 25)) was dismissed because the plaintiffs had 
neglected to put in the record any evidence that they had attended a school 
board 
meeting and had been exposed to the challenged prayers; therefore they had not 
demonstrated that they had standing to sue.   Any person who has attended a 
school board meeting and has been exposed to the challenged prayers remains 
free 
to file a new lawsuit, where the constitutionality of the practice will be an 
open question.   Indeed, the court stated it is not hard to conceive that a 
more concrete controversy may arise in the future.   Whether this decision is 
worthy of celebration and wide-spread publicity I leave to the good chaplain
's judgment.

Art Spitzer
ACLU of the National Capital Area
Washington DC

In a message dated 7/30/07 5:22:49 PM, [EMAIL PROTECTED] writes:

 ACLU just lost their case against prayer in Jesus name by Louisiana school 
 board.
   
  
 http://www.christianpost.com/article/20070727/28638_Judges_Overturn_Ban_on_School_Board_Prayer.htm
   
  This victory by ADF is worthy of celebration and wide-spread publicity.
 
 




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