Indianapolis, USA - The ACLU of Indiana has asked a court to rehear its case challenging sectarian prayers in the Indiana House.
Last month, a panel of the 7th U.S. Circuit Court of Appeals ruled 2-1 to overturn a lower court's decision that sectarian prayers on the floor of the Indiana House violated the constitutional separation of church and state. That decision was lauded by legislative leaders who called the lower court's decision a violation of free speech.
The ACLU of Indiana, which represented four citizens in the case, has now asked the 7th Circuit's full panel of 11 judges to rehear the case.
Ken Falk, an attorney for the ACLU of Indiana, said this afternoon that his group filed a petition for rehearing with the 7th Circuit. He said he's unsure how long it would take for the court to decide whether it would reconsider the case.
The court, Falk said, could either dismiss the request or ask the state to file a legal brief arguing why the case should not be reheard and then make a decision.
The General Assembly reconvenes for its Organization Day Tuesday. House Speaker B. Patrick Bauer, D-South Bend, has not said whether he will allow a sectarian prayer to be given prior to the proceedings. Falk said the legislature should not offer sectarian prayers until the pending case is resolved.