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Saturday, February 26, 2005

Uneven Application Of The Law

Hmm...

NEW ORLEANS -- A federal judge ruled Friday that Congress and legislative bodies can open their sessions with prayers, but school boards do not have the same leeway.

The ruling involves a lawsuit filed by a parent against the Tangipahoa School Board.

U.S. District Judge Ginger Berrigan said in her 25-page opinion that school-sponsored prayers in classes or at other school functions have long been prohibited by federal courts as a violation of First Amendment guarantees against government-established religion. And, she said, school boards are integral parts of school systems: They set policy and oversee operations and sometimes involve students in board meetings.


I don't really have a horse in this race, being an atheist I really don't care one way or another if politicians pray before meetings, but the ruling seems odd. Seems as though the law should be applied evenly here. Either we're allowing prayers before meetings of governing officials or we're not. Personally I'd just as soon it be left up to the members of each specific group, but a selective ruling like this seems rather pointless.

Comments

Avatar for Gary Gunnels

I could go into a twenty-page disquisition on the matter, but needless to say this decision is a result of the confusing jurisprudence by the SCOTUS on the matter of religion in the public sphere.

Gary Gunnels on February 26, 2005 at 08:02 pm
Avatar for Gary Gunnels

And since district courts take their cues from the SCOTUS (and the circuits), its not surprising that in such a muddled field a district judge would come down with such a ruling.  Don’t expect the area to clear up any time soon.

Gary Gunnels on February 26, 2005 at 08:03 pm
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