Prayer fray heads back into court

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Prayer fray heads back into court

House appeals federal ruling

By Niki Kelly, The Journal Gazette, (Fort Wayne, Indiana), September 6, 2006

INDIANAPOLIS The fight over prayer in the Indiana House goes before the 7th U.S. Circuit Court of Appeals in Chicago on Thursday.

Republican House Speaker Brian Bosma is hoping the three-judge panel overturns a federal judge’s decision restricting prayers offered from the podium of the Indiana House.

U.S. District Judge David Hamilton ruled in November that official House prayers must be non-sectarian and could not mention Jesus Christ or endorse any particular religion.

Bosma - with the support of the vast majority of the 100 House members - has fought the court ruling, including spending at least $67,000 so far in attorney’s fees.

He hired a Washington, D.C., law firm - Winston & Strawn - to handle the appeal rather than the state attorney general’s office. The cost is expected to grow because the latest bills related to preparing for the hearing have not been received.

The money so far has come out of the tax-supported House budget although Bosma noted his staff is close to finalizing a mechanism for regular Hoosiers to contribute to the prayer defense.

"We should be free in a free society to pray in accordance of our conscience as long as it is respectful," Bosma said Tuesday.

In March, a three-judge panel of the 7th Circuit voted to deny Bosma’s request for an order temporarily lifting the ban while the case was argued.

But it won’t be known until Thursday whether the same judges will hear the oral arguments on the case, which will include the U.S. Department of Justice arguing on Bosma’s behalf.

He said the Justice Department hasn’t participated in a similar lawsuit in decades, specifically the case that Hamilton used as precedent in his ruling.

Bosma is certain the case will ultimately be decided at the highest level - the U.S. Supreme Court - because either he or the plaintiffs in the case will appeal, depending on the ruling.

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

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.

Since the ruling, House members have huddled in the back of the chamber and prayed privately before the group is called into official session.

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