1/15/2015 PRAYER AT MEETINGS

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1 PRAYER AT MEETINGS FRAYDA BLUESTEIN SCHOOL OF GOVERNMENT A. What statement best describes the relationship between government and religion: B. The law requires a separation between church and state. C. Government must be entirely neutral about religious matters and must not engage in religious activities. D. Government may engage in religious activities as long as all religions are included. E. It s complicated. Legislative prayer at Nebraska State Legislative session does not violate the Establishment Clause. Consistent with practice when the constitution was written. Marsh v. Chambers (1983) 1

2 LEGAL ISSUES AFTER MARSH: How sectarian can prayers be? Who may make them? Must all religions be represented? Are local governments different from state legislatures? Is it unlawful if some (but not a majority) of the citizens feel uncomfortable or offended because only one religion is represented? CASE LAW PRIOR TO GREECE Limited to nonsectarian or secular prayer Restriction on prayers that refer predominately to a specific religion Need for diversity of religious messages Limitation on board members delivering prayer Focus on perception of citizens attending meetings Prohibition on proselytizing prayers TOWN OF GREECE Would you bow your heads with me as I pray? Nathan Miller of Northridge Church asked the audience. Auberger and 14 other officials on the dais listened silently as Miller asked God to guide the meeting while invoking your son, Jesus. (July 2013) 2

3 Town s practice upheld: Prayers were predominantly Christian, but other religions were not prevented from praying and prayers were not coercive or proselytizing. Town of Greece v. Galloway (2014) OPEN QUESTIONS Who may give the prayer? Neither Marsh nor Town of Greece involved board members making the prayer What constitutes proselytizing or coercion? Prayers at quasi-judicial proceedings Cases cite the historical tradition in legislative and other deliberative bodies. GOVERNMENT AND RELIGION IN OTHER CONTEXTS 3

4 OTHER SITUATIONS (NOT INVOLVING PRAYER AT MEETINGS) Displays on public property/public forums Contracts with religious organizations Conveyance of property to religious organizations Use of public space for religious activities Employee religious activities Regulation of religious activities and facilities THE LEMON TEST 1. Does the challenged law, or other governmental action, have a secular (non-religious) purpose? 2. Does the primary effect of the law or action neither advance nor inhibit religion? 3. Does the law or action foster excessive entanglement of government with religion? Lemon v. Kurtzman (1971) 4

5 GENERAL PRINCIPLES FOR OTHER SITUATIONS Neutrality Rule: Lemon Test: Neither endorse nor reject religion Note that religious organizations may engage in secular activities Federal Law requiring equal treatment of religious land use: The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) Federal Law requiring accommodation of religion (Title VII) Contact your attorney if you think there might be a legal issue! GLOSSARY OF TERMS Sectarian: Relating to religious or political sects and the differences between them Secular: not spiritual : of or relating to the physical world and not the spiritual world; not religious; of, relating to, or controlled by the government rather than by the church Proselytize: to try to persuade people to join a religion, cause, or group Coerce: to make (someone) do something by using force or threats; to get (something) by using force or threats Pray: to speak to God especially in order to give thanks or to ask for something; to hope or wish very much for something to happen; to seriously ask (someone) to do something Clergy: people (such as priests) who are the leaders of a religion and who perform religious services 5

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