The Echo

12:46 PM, Aug. 5, 2011

Written by
SEAN O’SULLIVAN

The News Journal Filed Under
Local

The U.S. 3rd Circuit Court of Appeals reversed a lower-court ruling today and determined that the Indian River School District’s practice of opening its board meetings with an explicitly Christian prayer is unconstitutional.

A three-judge panel of the federal appeals court determined the district crossed the line by opening meetings -- which students regularly attended -- with prayers that almost always invoke the name of Jesus Christ.

While U.S. District Judge Joseph J. Farnan Jr. ruled the school board did not violate the law because it was more akin to an elected body than a school, the appeals court ruled the opposite was true and the prayers amounted to a state-endorsement of one religion over others.

“In arriving at this outcome, we recognize, as the Supreme Court has, that ‘religion has been closely identified with our history and government,’ ” wrote Circuit Court Judge Julio M. Fuentes in a 74-page opinion for the panel which included Circuit Court Judge Jane Roth. “But we take to heart the observation … that ‘(i)t is neither sacrilegious nor anti-religious to say that each separate government in this country should stay out of the business of writing or sanctioning official prayers and leave that purely religious function to the people themselves.’ “

And with that, the court reversed the finding of the lower court and granted summary judgment to the plaintiffs.

Attorney Thomas Allingham, who represented the anonymous “Doe” plaintiffs in the case said the ruling was a clear victory for the plaintiffs and the concept of the separation of church and state. “My clients are obviously pleased and gratified,” Allingham said.

The ruling can be appealed to the U.S. Supreme Court.