Indianapolis, USA — The U.S. 7th Circuit Court of Appeals declined Tuesday to reconsider a ruling that threw out a lawsuit challenging the practice of sectarian prayers in the Indiana House.
The American Civil Liberties Union of Indiana had asked the full court to rehear the case after a three-judge panel ruled 2-1 in October that taxpayers who sued over the prayers do not have the legal standing to do so.
House Minority Leader Brian Bosma, R-Indianapolis, said Tuesday’s ruling meant the House could resume its normal practice, which in the past has sometimes included mention of Jesus Christ.
But ACLU of Indiana legal director Ken Falk said that wasn’t true because the ruling was based on the litigants’ standing, not on the merits of the case.
“I would hope that the House doesn’t somehow think that this is a validation of the prayer practices,” Falk said.
Falk said the ACLU likely would file a new lawsuit, with plaintiffs who come into contact with the prayers and who therefore might have legal standing, if the former practices resume.
October’s ruling overturned a federal judge’s 2005 decision that banned the practice of opening the chamber’s business with sectarian prayers. U.S. District Judge David Hamilton had ruled that prayers mentioning Jesus Christ or using terms such as savior amounted to state endorsement of a religion.
Prayer in the Indiana House was a tradition for nearly 190 years when the ACLU challenged the practice on behalf of four taxpayers who believed the prayers — usually Christian — were offensive and violated the constitutional separation of church and state.
Bedford’s Clarence Brown appeared at the House in 2005 under its long-standing Minister of the Day program. Under that system, representatives often invited ministers from their districts to open the House’s day with sectarian prayer. Known locally for his singing voice, Brown led the House in singing a hymn that mentioned “Jesus.”
Brown was invited by Rep. Eric Koch, R-Bedford.
“It really goes much farther than prayer,” added Rep. Brian Bosma, R-Indianapolis. Bosma was speaker of the House when the lawsuit was filed, and was named as a defendant. When current Speaker Pat Bauer, D-South Bend, took the gavel, he also pursued the same stance.
Attorney General Steve Carter, whose office defended the practice in court, praised the 7th Circuit decision in a statement Tuesday.
“This brings us one step closer to ending the legal challenges the Speaker has faced in the past two years over this issue,” Carter said in the statement.