JACKSON, MI - Jackson County's method of prayer before Board of Commissioners meetings does not violate the Establishment Clause of the First Amendment, the U.S. Sixth Circuit Court of Appeals has ruled.

The court's original ruling condemned the practice 2-1 in Bormuth v. County of Jackson. That was eventually vacated so all 15 judges could rule on the issue.

The 9-6 decision in favor of the county was issued Wednesday, Sept. 6.

"It means we can continue to pray how we always have," Jackson County Administrator/Controller Mike Overton said. "It's not like they're trying to proselytize or convert people or anything else. And frankly, people don't have to stand just because we ask them to."

Plaintiff Peter Bormuth argued the pre-meeting prayer is coercive, and that his refusal to stand during the prayer led to him being denied from filling vacancies on county boards and committees.

"No one likes to be offended," said Ken Klukowski, senior counsel with First Liberty Institute, the group representing the county and covering all court costs. "But simply being offended or hearing a religious sentiment with which an adult citizen disagrees, that's not a constitutional violation. That's part of life in a democratic society."

Judges cited U.S. Supreme Court decisions Marsh v. Chambers in 1983 and Town of Greece v. Galloway in 2014 as precedents for Bormuth v. County of Jackson.

Litigation on the case began in August 2013, working its way through the court system. Roughly half of the 3,000 U.S. counties open their meetings with prayer from elected leaders, Klukowski said.

"History shows that legislator-led prayer is a long-standing tradition," written opinion from the court states. "(Prayers) are permissible because our tradition assumes that adult citizens, firm in their own beliefs, can tolerate and perhaps appreciate a ceremonial prayer delivered by a person of a different faith."

Prayer is offensive to Bormuth as a Pagan and makes him feel like "he is being forced to worship Jesus Christ in order to participate in the business of county government," the case reads.

Bormuth has represented himself throughout the process, however Americans United for Separation of Church and State also argued on his behalf.

"The government's first duty is supposed to be to represent all people equally," said Richard Katskee, legal director for the group. "It can't do that when it treats some of its constituents like second-class citizens, based on what they believe or don't believe about religion."

After the original ruling against the prayer, Jackson County opted for a moment of silence at its Feb. 21 meeting. The prayer returned in March and was led by a member of a local Jewish temple in August.

What's next?

For Jackson County, they'll continue to pray before board meetings like they always have - either by the commissioners themselves or an invited guest. But the case has a chance of resurfacing if the U.S. Supreme Court wants to take it on.

In a similar case from July, the U.S. Fourth Circuit Court of Appeals ruled prayers prior to Rowan County, North Carolina board meetings violate the constitution. Sixth Circuit judges acknowledged this in their conclusion, but said it found the ruling "unpersuasive."

The split between two national circuit courts could make either of the cases "leading candidates for (U.S.) Supreme Court review," Klukowski said.