Bid to lift prayer ban in House fails

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Bid to lift prayer ban in House fails

By Richard D. Walton, Indystar.com (Indianapolis), March 2, 2006

A federal appeals panel on Wednesday rejected a bid to put on hold a judge's ban on sectarian prayer in the Indiana House of Representatives.

The 7th U.S. Circuit Court of Appeals in Chicago ruled against House Speaker Brian C. Bosma, who sought the stay pending his appeal of Judge David F. Hamilton's ruling.

In a 2-1 decision, the appeals panel wrote that the U.S. Supreme Court clearly has favored prayer that does not advance one religion over another.

Carl Tobias, professor of law at the University of Richmond School of Law in Virginia, said that while it would be a mistake to read too much into the ruling, it seems to give a nod in the direction of the court eventually affirming Hamilton's decision.

In November, Hamilton found that prayers said at the beginning of each House session were overwhelmingly Christian. He ordered that prayers not refer to Jesus Christ or make any denominational appeal.

Bosma, R-Indianapolis, protested. To comply, representatives who wish to pray now huddle at the back of the chamber before the gavel sounds.

"We were disappointed that we did not have a stay issued by the 7th Circuit, but it's no surprise," Bosma said. "We have maintained from the start that our relief likely will come from the Supreme Court level."

The legal case stems from a lawsuit filed by the American Civil Liberties Union of Indiana, formerly the Indiana Civil Liberties Union, after a minister led the House in singing "Just a Little Talk With Jesus." Some offended legislators walked out.

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