Bosma appeals prayer ruling

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Bosma appeals prayer ruling

He wants ban on religious content to be overturned

By Bill Ruthhart, The Indianapolis Star, May 13, 2006

A legal battle over the content of Statehouse prayer continues to escalate, as Speaker Brian C. Bosma has appealed a federal court ruling that restricts the content of prayers offered during Indiana House proceedings. The Indianapolis Republican filed the 68-page challenge this week with the 7th U.S. Circuit Court of Appeals in Chicago. In November, U.S. District Judge David Hamilton ruled opening prayers in the House could not mention Jesus or endorse a particular religion.

The appeals court already has ruled against Bosma once, voting 2-1 in March to deny his request to lift the ban on prayer while the case was appealed. Bosma has vowed to take his fight all the way to the U.S. Supreme Court if necessary.

"We are cautiously optimistic that the outstanding legal brief that's been put together will be persuasive at the 7th Circuit Court of Appeals," said Bosma, an attorney. "The Indiana district court went too far, over the line, with respect to federal case law regulating prayer."

Hamilton's decision came in a lawsuit filed by the American Civil Liberties Union of Indiana after a minister led the House in singing "Just a Little Talk With Jesus." After the ruling, representatives who wanted to pray during the session, which ended in March, huddled in the back of the chamber before the House's opening gavel.

The Indiana House and Senate passed resolutions directing Bosma to appeal the decision.

"I think that the case law that has been laid down draws a line between sectarian and nonsectarian prayer," said Ken Falk, an attorney for the ACLU of Indiana. "These prayers (in the House) clearly crossed that line."

Bosma's office has sought assistance from the Chicago-based law firm Winston and Strawn to appeal the case with the help of the attorney general's office.

Tony Samuel, a spokesman for the speaker's office, said a contract had been drafted for Winston and Strawn but had not been signed. The firm has not been paid, he said.

Bosma said his office will seek private funds to help pay for the legal battle, but he did not rule out using taxpayer money. He had no estimates on how much the litigation could cost.

"We're really exploring all options," Bosma said. "But it's a private lawsuit against a public official, so it is appropriate and within the law for public funds to be used for its defense."

Attorneys who crafted the appeal filed Wednesday argued Hamilton's ruling violates First Amendment rights to religion and freedom of speech.

"For the first time in American history, a court has prohibited state legislators and their invited guests from praying in the name of Jesus Christ, on pain of being found in contempt of court," the appeal said.

"Any attempt to distinguish between sectarian and nonsectarian prayer requires the court to make controversial theological judgments about what sorts of prayers pass muster. But numerous Supreme Court decisions forbid courts (and other public officials) to make such determinations."

Falk said the ACLU has 30 days to file a brief in response to Bosma's appeal. Once the ACLU has responded, Bosma's attorneys will craft another brief before oral arguments are made.

Bosma said he expects those arguments to be in September and hopes the court will have weighed in by mid-November, when legislators return to the Statehouse for Organization Day.

Whatever decision the appeals court makes, Bosma said he thinks the matter will be decided by the nation's highest court.

"This is an issue that has national implications," he said. "We're still of the opinion that ultimately this decision will be made by the United States Supreme Court, whether we are successful at the 7th Circuit or not."

What's Next?
The ACLU of Indiana now has 30 days to file a response to House Speaker Brian Bosma's appeal of a federal court order restricting Statehouse prayer. After the ACLU responds, Bosma's attorneys will file another brief before oral arguments are conducted.

Bosma said he expects those arguments to be in September, adding that he hopes the court will make a decision by mid-November, when legislators return to the Statehouse.

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