I can’t believe that I haven’t written about this yet, but here goes. Sunday’s Washington Post ran with an A3 story on the fight between members of the Indiana state House and a federal judge who ruled awhile ago that the daily prayers in the lower lawmaking chamber invoked the name of Jesus Christ too often and were illegal.
The story has generated a good number of headlines, columns, editorials, talk radio jabber and plenty of letters to the editor and pits the power of a federal court against that of a state lawmaking body. And it doesn’t look like the judge appreciates Republican House Speaker Brian Bosma’s attitude towards the original decision which was recently upheld by the same judge on an appeal for the decision’s vagueness:
U.S. District Judge David Hamilton rejected arguments by House Speaker Brian Bosma, R-Indianapolis, that Hamilton’s ruling was too vague to enforce.
And Hamilton issued a warning:
“If the speaker or those offering prayers seek to evade the injunction through indirect but well understood expressions of specifically Christian beliefs, the audience, the public, and the court will be able to see what is happening. In that unlikely event, the court will be able to take appropriate measures to enforce” the injunction.
Hamilton earlier this month found that the House practice of offering a prayer at the start of each day’s session breached the clause of the U.S. Constitution that bars the government establishment of religion. The House prayers, he ruled, were overwhelmingly Christian in content and amounted to the advancement of one religion over others. The ruling stemmed from a lawsuit brought by the Indiana Civil Liberties Union.
I am dying to know what Judge Hamilton thinks he can do to Bosma or any other member of the Indiana House who use Jesus’s name in a prayer. According to the Post‘s story, the original lawsuit from the Indiana Civil Liberties Union was a reaction against an incident that some members saw as a bit over the top:
It was Clarence Brown’s energetic rendition of “Just a Little Talk With Jesus” that prompted several legislators to decide enough was enough. The Indiana Civil Liberties Union soon filed suit in the name of four people — a Quaker, a Methodist and two Catholics — to stop what critics considered an increasingly sectarian prayer practice.
Brown, 51, is an evangelical Christian layman who works in an auto parts factory 70 miles south of Indianapolis. Invited to give a prayer to open the April 5 House session, Brown said he was thinking about the separation of church and state as he drove to the state Capitol.
He said he talked with God during the ride and decided to speak up for the man he considers his savior. “I wanted to share the word. That’s what I’m supposed to do,” Brown said. “I have to do what Jesus Christ says for me to do as a witness.”
Brown’s prayer included thanks to God “for our lord and savior Jesus Christ, who died that we might have the right to come together in love.” When the prayer was finished, Bosma announced that Brown would “bless us with a song.”
As Brown led the rollicking tune, some members and staffers clapped and sang along.
Several others left the chamber.
I say, welcome to Indiana, folks. We can be a bit strange I guess and a bit religious. I’m sure this event weirded out the reporters who have covered this story, but so far, most of the coverage seems to be fairly evenhanded.
The crux of this story is buried somewhere in the legal debate between the Establishment Clause and the First Amendment. I won’t go into it here, but I’m told that the Everson v. Board of Education decision by Supreme Court Justice Hugo Black provides a lengthy historical foundation for the creation of the First Amendment and the Establishment Clause.