A judge in Texas just won a significant religious freedom case and will be allowed to keep opening his court proceedings ceremony with a prayer. The ruling came from a divided U.S. appeals court.
This case was brought before the court system by the Freedom From Religion Foundation (FFRF) which sued Texas Justice of the Peace Wayne Mack. They did not approve of his practice of starting each court day with a few minutes for prayers given by faith leaders, according to Reuters.
The Fifth Circuit of the United States Court of Appeals voted 2 to 1 in favor of Judge Mack, rejecting the FFRF’s claim that Mack’s practice could be viewed as prejudicial.
“We cannot credit the plaintiffs’ assertion that ‘coercion in a courtroom doesn’t come from the imposition of actual prejudice; it comes from a perceived risk of prejudice.’ The plaintiffs must present evidence that any such perception is objectively reasonable — evidence from which we can conclude that ‘coercion is a real and substantial likelihood,’” the court’s opinion stated.
The court maintained that Mack should continue to allow chaplains from different faiths to lead the prayers and noted that he did not impose consequences on those who refused to participate. They said his practice is lawful.
“The 5th Circuit rightly concluded that Judge Mack’s brief ceremony respects a rich historical tradition of opening judicial proceedings with an invocation,” said Mack’s attorney, Bradley Hubbard.
The vote of dissent came from U.S. Circuit Judge E. Grady Jolly. He said it was “reasonable to believe that nonparticipation will draw his ire, as the former Pentecostal minister campaigned on having prayer in his court and “has acted hostile following a litigant’s noncooperation in the prayer.”
“The 5th Circuit rightly concluded that Judge Mack’s brief ceremony respects a rich historical tradition of opening judicial proceedings with an invocation,” said Mack’s attorney, Bradley Hubbard.
“I am eternally grateful to the judges on the 5th Circuit who upheld this historical practice,” Mack said in a statement. “I look forward to continuing to serve the people of Montgomery County.”
