Chicago, IL – Today the Seventh Circuit Court of Appeals upheld the Indiana General Assembly’s 189-year tradition of prayer. Liberty Counsel filed an amicus brief in the case of Hinrichs v. Bosma, urging the appeals court to allow the legislative prayers to continue.

A district court had ruled that the General Assembly must censor “sectarian” language from the prayers, including use of the name or title of Christ. To comply with this order, the legislature was required to review proposed prayers and then censor any content that the court banned. In attempting to resolve a nonexistent constitutional violation, the district court struck down a neutral, passive and historically sound practice and created a constitutional problem for the Indiana General Assembly by requiring deletion of “sectarian” language.

Liberty Counsel argued in its brief that the practice of legislative prayer was a historically sound, constitutional practice.

The Seventh Circuit Court of Appeals dismissed the case for lack of standing and stated that the plaintiffs “have not shown that the legislature has extracted from them tax dollars for the establishment and implementation of a program that violates the Establishment Clause.” The Court of Appeals relied upon a Supreme Court opinion released earlier this year called Hein v. Freedom From Religion Foundation, which has made it more difficult for individuals to bring suit challenging actions of the federal and state governments under the First Amendment Establishment Clause. Thus, the Supreme Court’s decision in Hein is already having a big impact on Establishment Clause challenges which seek to limit public expressions and acknowledgments of God.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “The U.S. Supreme Court’s decision handed down earlier this year is already beginning to close the door on lawsuits that seek to eliminate public acknowledgment of God and religion. Mere offense at the mention of God does not give the right to file a lawsuit. The courts were never meant to be used like a wrecking ball against our religious heritage. Prayers offered at legislative sessions are permissible acknowledgements of God and do not establish a religion. Legislative prayer predates the First Amendment and was present when our nation was birthed in the delivery room of the Constitutional Convention.” 

Read the court's opinion.

Read Liberty Counsel's brief filed in this case.