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A U.S. appeals court ruled that a Texas judge can continue to open his court proceedings with prayer.
Texas Justice of the Peace Wayne Mack was sued by the Freedom From Religion Foundation over his choice to have faith leaders lead a few minutes of prayer at the start of each court day.
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In a 2-1 vote, the New Orleans-based 5th Circuit Court of Appeals ruled that the prayers are constitutional on the grounds that lawyers and litigants are not required to attend.
Mack said that while the “plaintiffs cry coercion,” his policy is that the prayers are led by chaplains from different faiths, which provides denominational nondiscrimination, and to have a bailiff announce the start of court proceedings to anyone in the lobby once the prayers are complete, according to a report.
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The judge was represented by Allyson Ho, an appellate lawyer who is married to a 5th Circuit judge not on the case’s panel.
She affirmed the court’s decision, saying “that the history, character, and context of his opening ceremony — which includes welcoming volunteer chaplains of all faiths to lead invocations according to the diverse traditions of those faiths — comports with the Constitution.”
