Indiana House begins session with prayer from podium

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Indiana House begins session with prayer from podium

By Mike Smith, The News-Sentinel (Fort Wayne), January 8, 2007

INDIANAPOLIS - The Indiana House began the 2007 session on Monday with an official prayer, one designed to comply with a federal judge's ruling barring sectarian invocations as part of legislative business.

The brief prayer by new House Speaker Patrick Bauer was directed to "almighty God" but contained no specific references to Christianity.

U.S. District Judge David Hamilton ruled in November 2005 that official House prayers that mentioned Jesus Christ or used terms such as savior amounted to state endorsement of a religion. That case is now on appeal before the 7th U.S. Circuit Court of Appeals in Chicago.

Republican Rep. Brian Bosma, who was speaker at the time of the ruling, has argued on appeal that Hamilton's ruling violated the First Amendment guarantee of freedom of religion because it intrudes on the ability of visiting clergy and lawmakers to pray in accordance with their own conscience.

But last session, instead of continuing a 189-year tradition of beginning House proceedings with a prayer from the podium, several House members gathered before business began each day and prayed privately at the back of the chamber, often using Christ's name.

Democrats regained control of the House in the November election, and Bauer began the session with a prayer that he said was approved by state Attorney General Steve Carter. The South Bend Democrat had considered beginning chamber proceedings with a moment of silence as the Senate has done since Hamilton's ruling.

Bauer said beginning each day's business with a prayer from the podium was a tradition of nearly 200 years, which he wanted to continue.

"We do have an order, but there is a way temporarily to still pray from the front of the chamber following that order," Bauer said.

The prayer was very brief, and began with Bauer saying, "Almighty God, we come before you today humbled by the magnitude of the responsibilities."

It asked for guidance, "your insight, your compassion, and your strength."

The American Civil Liberties Union of Indiana filed the lawsuit in 2005 on behalf of four people, including a Quaker lobbyist, who said they found the tradition of offering the usually Christian prayers offensive.

ACLU attorney Ken Falk, after having the prayer read to him, said he had no objections to it.

"It's directed to the legislators themselves, and number two, it complies with Judge Hamilton's ruling," he said. "It is certainly nonsectarian."

The Senate continued what it did last year following Hamilton's ruling by starting its proceedings Monday with a moment of silence. New Senate President Pro Tem David Long, R-Fort Wayne, said he was not ruling out doing something similar as the House.

"What I intend to do is have our attorneys look at this and see where we don't cross the line," he said. "I think it's important that while we don't agree with Judge Hamilton's decision that we also respect the fact that at the moment there is an order in place."

The House's defense of the lawsuit has cost it about $300,000, Bauer said. He said about $70,000 of that had gone to Bosma's law firm and the rest to a Chicago law firm.

If there is further action after the 7th Circuit rules, Bauer said the case would be handled by the state attorney general's office.

If the appeals court rules in favor of the House, Bauer said he would return to a practice of allowing sectarian references to many religions. He said if the court rules for the ACLU, he would consult with Carter and decide whether to appeal. That decision would be based on the House's chance of winning and the cost of proceeding, he said.

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