Jason Clayworth

jclayworth@dmreg.com

Gov. Terry Branstad’s proclamation that encourages Iowans to take part in a statewide county courthouse Bible-reading marathon violates the U.S. Constitution by promoting Christianity, three groups allege.

Two of those groups — the American Civil Liberties Union of Iowa and the Freedom From Religion Foundation — said they were reviewing the matter with an eye toward litigation against the state.

“The government is supposed to be neutral toward religion,” said Annie Laurie Gaylor, co-president of Freedom From Religion Foundation, a Wisconsin-based group.

She continued: “Can you imagine the uproar if the governor used state resources to encourage people to go to a ‘God is Dead’ rally or a vigil to review how divisive religion is? Everyone can see how inappropriate that would be. This is exactly the same type of violation.”

The prayer events are being organized by several Christian-based groups: the Iowa Prayer Caucus, the National Governor’s Prayer Team and the United States Prayer Council. The Iowa events are planned at the courthouses of all 99 counties, some with prayers every 15 minutes from June 30 through July 3.

Branstad in April signed a proclamation "in the name and by the authority of the state of Iowa," calling the event historic. The proclamation encourages Iowans to participate in the events and “to read through the Bible on a daily basis each year until the Lord comes.”

Gaylor, Rita Bettis from the ACLU of Iowa, as well as Jason Benell of the Iowa Atheists and Freethinkers, contend the governor’s action violates what is known as the “Lemon Test.” That’s a reference to a 1971 U.S. Supreme Court cases named after Alton Lemon, the plaintiff in a case that determined it unconstitutional for Pennsylvania to reimburse private schools for salaries and textbooks.

The Lemon Test developed three key questions in review of a clause in the First Amendment that prohibits government from promoting one religion over another:

Does the government action have a secular purpose? Does the government action have the primary effect of advancing or inhibiting religion? Does the government action foster an excessive entanglement between government and religion?

A violation can result if the answer to any of the three questions is determined illegal. The Lemon Test has been cited in multiple cases involving such things as Christmas decorations on government property and issued around student-led prayer.

Similar types of activities encouraged by government have taken place for decades, including proclamations signed by Presidents Ronald Reagan and George H.W. Bush.

Ben Hammes, a spokesman for Branstad, noted that a challenge to a Colorado prayer proclamation was rejected in 2014 by that state’s supreme court, which concluded that people who objected didn’t suffer harm and had no grounds to sue.

Branstad has previously signed proclamations for Muslim Recognition Days and has faced criticism for signing other prayer day proclamations.

“The governor issues many proclamations that recognize events, activities and different organizations’ causes,” Hammes said. “Requests come from a broad spectrum of Iowans that reflect the broad diversity of Iowa.”

Ginny Caligiuri, an organizer of the Iowa event and a board member and a state director of the Iowa Prayer Caucus, called the concept of separation of church and state “a fallacy.” The roots of that doctrine were to protect religions, not government, she said.

But Bettis, the state ACLU's legal director, says the issue is about endorsing a particular religion.

“The governor’s proclamation is frankly outrageous and embarrassing, and inconsistent with our core American and Iowan principles of inclusion and respect of all its people of all faiths, as well as those who are not religious,” Bettis said Tuesday. “Our U.S. and Iowa state constitutions protect from precisely this sort of government overreaching and endorsement of a particular faith.”