Top court may hear N.Y. lawsuit over prayers

Meaghan M. McDermott, The (Rochester, N.Y.) Democrat and Chronicle | USATODAY

GREECE, N.Y. -- A religious freedom lawsuit over prayers used to open town board meetings could be heard before the U.S. Supreme Court.

The court will meet in conference on Thursday to decide whether it will grant oral argument in the case of the Town of Greece v. Galloway. The court is expected to announce early next week whether it will hear the case in the next term, which begins in October.

In 2008 two Greece residents, Susan Galloway and Linda Stephens, filed suit against the town alleging that the town's habit of having explicitly Christian prayers delivered prior to board meetings flouted the First Amendment. In August 2012, U.S. District Court Judge Charles Siragusa disagreed, ruling that prayers in Jesus' name were not a violation of the U.S. Constitution and that town employees did not intentionally exclude members of any particular faith.

But a three-judge panel of the Second Circuit U.S. Court of Appeals in May 2012 overturned Siragusa's decision and said the town's habit of inviting clergy from only churches in Greece could be construed as government endorsement of a particular religion. Houses of worship in Greece are almost exclusively Christian.

Alliance Defending Freedom, the Arizona-based Christian nonprofit defending the town of Greece pro bono, appealed the case to the Supreme Court in December.

David Cortman, senior counsel with Alliance Defending Freedom, said using prayer to open public meetings is a long-standing American tradition that has been upheld by the Supreme Court.

"Nonetheless, new legal attacks by people and activist groups claiming to be 'offended' by the way private citizens voluntarily pray have created significant confusion in the lower courts," he said. In the Greece case, the Court of Appeals "suggested the current legal complexity may cause local and state governments to abandon the practice, which predates the founding of America."

Cortman said there is a need for the court to clarify the law, as evidenced by friend-of-the-court briefs filed in support of the town's position by attorneys general from 18 states, 49 members of Congress, theologians and state representatives.

Americans United for Separation of Church and State, a Washington, D.C.-based church-state watchdog group, is representing the plaintiffs.

"I'd like to ask the Christian residents of Greece to stop and think about how it would feel to attend Town Board meetings that opened with Jewish or Muslim prayers delivered by Jewish rabbis or Muslim imams to an audience largely made up of Jews or Muslims who participated in the prayers," said Ayesha N. Khan, legal director of Americans United for Separation of Church and State. "Would you feel unwelcome? Would some of you question whether the board represents your interests? This lawsuit is about ensuring that non-Christians are not put in that position."

Greece Town Supervisor John Auberger said town officials believe Siragusa's ruling was correct.

"We invite local clergy members, and those who have expressed an interest in saying a prayer at our meetings," he said. "People are allowed to express themselves as they see fit without governmental interference. To limit what people can and cannot say would limit their right to freedom of speech."

He said he is hopeful the Supreme Court rules in the town's favor "so governments across our country can continue to start their meetings with a prayer, as has been the custom since our country was founded, without fear of being sued."