Judge rejects atheist lawsuit to keep TX governor from Christian rally

Austin, USA - A federal judge has ruled against atheists seeking to stop Texas Gov. Rick Perry from leading a Christian prayer rally next week.The ruling did not address claims from the group that Perry is in violation of the Constitution for openly using his office to promote a particular religion.

U.S. District Judge Gray Miller dismissed the lawsuit from the Freedom From Religion Foundation, saying the organization lacks standing to sue. He pointed out that the group was not being coerced into attending the rally, scheduled for Aug. 6.

Freedom From Religion Foundation, the nation's largest association of atheists and agnostics, sued the governor for “giving the appearance that the government prefers evangelical Christian religious beliefs over other religious beliefs" and that "nonbelievers are political outsiders.”

The group does not want to stop the event but to keep Perry from speaking at the rally as well as using robocalls and the official state seal to promote the gathering.

It believes the governor's involvement is a violation of the establishment clause of the First Amendment of the Constitution, which prohibits federal and state governments from endorsing or showing preference for one religion over another, or for religion over other beliefs, such as atheism.

Freedom From Religion Foundation, which won a suit in 2000 against a Wisconsin law establishing a state coordinator to "assist" clergy in a taxpayer-funded program to save traditional marriage, plans to appeal the case to the Fifth Circuit Court of Appeals.

“Nobody would have trouble seeing the injury if a governor aligned himself with a radical Muslim group and used his office to call all citizens to a daylong prayer to Allah rally. This event is no different," Freedom co-president Annie Laurie Gaylor said in response to the ruling.

The Liberty Institute argued the case on behalf of the host of the rally, the American Family Association, citing the First Amendment right to religious expression.

"The swiftness of the court's decision shows how ridiculous this case is," American Family president Tim Wildmon said in statement. "AFA is very thankful for Liberty Institute for handling this case and championing religious freedom for America."

Perry had proclaimed Aug. 6 as a day of prayer and fasting culminating in a rally called "the Response." The announcement from his office calls the event a "non-denominational, apolitical, Christian prayer meeting hosted by the American Family Association," a group that, according to its website, believes "a culture based on Biblical truth best serves the well-being of our country."

The official proclamation itself does not mention the AFA or Christianity. It cites moments in history when leaders turned to prayer, such as in 1787 when Benjamin Franklin urged for prayer in an address before the Constitutional Convention.

The event's website prominently features video of Perry standing with the flag of Texas behind him and quoting the Bible. "Some problems are beyond our power to solve, and according to the Book of Joel, Chapter 2, this historic hour demands a historic response," says the governor.

The rally is described as a "non-denominational, apolitical Christian prayer meeting" that "has adopted the American Family Association statement of faith." The AFA's statement of faith declares "the Bible to be the inspired, the only infallible, authoritative Word of God." It adds, "People of all ages, races, backgrounds and Christian denominations will be in attendance to proclaim Jesus as Savior and pray for America."