Private prayers open session

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Private prayers open session

Bosma renews vow to fight judge's limits in House

By Niki Kelly, The Journal Gazette (Fort Wayne, Indiana), January 5, 2006

INDIANAPOLIS - Republican House Speaker Brian Bosma ended the tradition of opening the legislative session with an official prayer Wednesday - instead opting for a small, informal gathering of lawmakers praying beforehand in the back of the chamber.

The change comes after a federal court ruling in November limiting the prayer that can be offered to nonsectarian invocations that don't proselytize or mention Jesus' name.

"The 189-year history of free speech and open prayer in the House is temporarily void for a time," Bosma said. "Hopefully soon our freedom to have unfettered, unrestricted, uncensored, unapproved prayer in this House will return."

Moments before, two members offered prayer in a huddle of lawmakers, staffers and TV cameras - Rep. Peggy Welch, D-Bloomington and Rep. Eric Turner, R-Gas City.

Welch used the words "Lord" and "God" several times, while Turner specifically asked to "help us be Christ-like in all that we do."

He ended the prayer "in the name of our Lord and Savior, Jesus Christ." A chorus of "amens" followed and clapping erupted from the gallery, which was filled with prayer advocates who had rallied in the Statehouse earlier in the day.

Then Bosma gaveled in the session with a lengthy speech about his decision on the prayer. Afterward he said it was not a "slick way" to get around the judge's ruling and was "well within the confines" of the law.

He noted it was an informal prayer at the back of the chamber instead of from the speaker's podium. People were free to participate or choose not to, and it was not shown on the Internet.

"We will continue to fight this order by every constitutional means available," Bosma said, including an appeal to the 7th Circuit U.S. Court of Appeals in Chicago.

The case began when the Indiana Civil Liberties Union sued, arguing that many of the prayers offered to open daily sessions of the Indiana House crossed the line and violated the Establishment Clause of the U.S. Constitution.

U.S. District Court Judge David F. Hamilton agreed, noting that at least 29 of the 53 opening prayers were offered in the name of Jesus, Jesus Christ, the Savior or the Son.

"The actual practice amounts on the whole to a clear endorsement of Christianity, sending the message to others that they are outsiders and the message to Christians that they are favored insiders," the decision said.

Hamilton specifically said the speaker must advise those offering prayer that it must be nonsectarian and must not be used to advance any one faith or belief. Bosma must also tell clergy to refrain from using Christ's name or title or any other denominational appeal, the ruling said.

The speaker said Wednesday that four religious leaders who have given prayers previously in the House were contacted, and all refused to provide the prayer under the constraints of the federal ruling.

Rep. Marlin Stutzman, R-Howe, said Bosma handled the situation appropriately and hopes the informal prayer will continue until a new decision is handed down.

"I think it doesn't take away our freedom of speech in a public forum but doesn't disrespect the judge's order," he said of the new way of offering prayer.

Democrat Rep. Phil Hoy, of Evansville - a retired United Church of Christ minister - said he had a minister lined up to provide the nonsectarian prayer.

"I think the speaker may have found a solution to the dilemma," he said. "But I wish he had not eliminated an inclusive prayer for everyone."

Hoy also noted that he is a devout Christian but follows Jesus' teachings to not showcase prayer in public.

Rep. Win Moses Jr., D-Fort Wayne, was not told of the huddle and had missed it by the time he arrived. He said in the past if he didn't like the prayer that was offered he said his own silently.

"My full feeling is while religion is important and serious, the moral issue is more important. How do we provide good schools for our kids? How do we provide good jobs for our citizens?" he asked.

"That's what we are sent down here to do.

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