Chicago, IL - Today, the United States Court of Appeals for the Seventh Circuit will hear oral argument in the case of Hinrichs v. Bosma. The U.S. Department of Justice and the State of Indiana are appealing a district court's ruling barring prayer in the Indiana General Assembly. Brian Bosma, Indiana's Speaker of the House, appealed, seeking to restore the House's 189-year-old tradition of prayer. Liberty Counsel filed an amicus brief with the appeals court urging the court to reinstate the legislative prayers.

Liberty Counsel's brief argues that the practice of legislative prayer is constitutional and that the Supreme Court ruled specifically in Marsh v. Chambers that prayer before the United States Congress was constitutional. In attempting to resolve a constitutional violation that did not exist, the district court struck down a neutral, passive and historically sound practice and created a constitutional problem for the Indiana General Assembly. In its zeal to overturn Indiana's longstanding tradition of legislative prayer, the district court misapplied the Supreme Court's holding in Marsh v. Chambers and also placed the General Assembly in the position of entangling itself with religion. Instead of following Marsh's holding, the district court devised its own test to find that legislative prayer is unconstitutional if some of the prayers mention the name "Jesus." The district court ignored Indiana's unbroken history of legislative prayer, similar to the one that the Marsh court found indicative of a constitutionally permissible acknowledgment of religion.

Erik Stanley, Chief Counsel for Liberty Counsel, stated: "Indiana's centuries-old tradition of legislative prayer does not violate the First Amendment. Legislative prayer does not suddenly become unconstitutional simply because some prayers mention the name of Jesus. The practice of opening legislative sessions with prayer dates back to the founding of our country. No religion has ever been established as a result of the practice, and no serious argument can be made that by allowing legislative prayer, a state is now establishing religion. The district court's opinion in this case is contrary to centuries of history and human experience and should be swiftly overturned. In this day of uncertainty, our legislatures must have the right to pray for Divine guidance in their deliberations."

In Memory of Paul Kuck

Our good friend Paul Kuck passed away on September 05, 2006 at the age of 76. With family gathered around his ICU bedside, Paul joined wife Carol in their home with Jesus. His legacy continues because of the solid foundation of faith he built that has deeply impacted the lives of his family, his business, his community and the many friends and associates throughout the world. He will be missed here on earth, but there is joy in Heaven.

Liberty Counsel is recognized by the IRS as a 501(c)(3) tax-exempt organization that accepts tax-deductible donations. Donate or order resources from the Liberty Counsel online store.

Forward this Liberty Alert to your entire e-mail list of family and friends, and encourage them to subscribe.

Liberty Counsel does not charge clients for representation, so we depend on individuals, groups and churches that care about advancing religious freedom, the sanctity of human life and the traditional family. Liberty Counsel is recognized by the IRS as a 501(c)(3) tax-exempt organization that accepts tax-deductible donations. Donate or order resources from the Liberty Counsel online store.