Why not just put a sign on the meeting room door, “Jews not welcome” or “Atheists stay away”?
The court looked to the 1983 case, Marsh v. Chambers, in which it had upheld the right of the Nebraska legislature to open its session with a prayer by a paid minister. That ruling said that such a practice was “deeply embedded in the history and tradition of this country.”
Well yes. And so was racism deeply embedded in the history of this country, and misogyny and homophobia. The long history of a practice does not make it right.
Justice Elena Kagan dissented, arguing that what the New York town’s actions were not compatible “with the First Amendment’s promise that every citizen, irrespective of her religion, owns an equal share in her government.” She went on to argue that, unlike the 1983 case which affected legislators setting their own rules of order, this case impacted ordinary citizens.
Kagen did not, alas, argue that all prayer should be banned. That would certainly be my argument. Pray all you want, say I, just not as part of an official government function.
Of all the New York Times comments I've read on this decision the two I like best include Dave K’s from Cleveland, OH, who points out “there’s a strong religious argument against praying in public, in Matthew 6:5-6:
When you pray, you are not to be like the hypocrites; for they love to stand and pray in the synagogues and on the street corners so that they may be seen by men. Truly I say to you, they have their reward in full. But you, when you pray, go into your inner room, close your door and pray to your Father who is in secret, and your Father who sees what is done in secret will reward you.W. Freen of New York City says:
And this is what is so infuriating about these people . . . you are free to pray 24/7 in any location you choose. Anywhere, anytime you like. You can sit in the Supreme Court Chamber, a schoolroom, Madison Square Garden, Central Park, the moon, anywhere, and pray until your head explodes for all I care. But not as an official act at my government proceedings.I need add no more.
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