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Americans United Files Lawsuit Challenging Sectarian Prayers At New York Town's Board Meetings
Americans United for Separation of Church and State website ^ | Thursday, February 28, 2008 | Americans United for Separation of Church and State

Posted on 02/28/2008 11:58:19 AM PST by rochester_veteran

Church-State Watchdog Group Says Board's Preference For Christianity Flouts First Amendment Of The Constitution

Americans United for Separation of Church and State today filed a lawsuit in federal district court against a town council in New York that opens its public sessions with Christian prayer.

Americans United sued the Greece, N.Y., Town Board and its supervisor, John Auberger, on behalf of two local residents who object to government-sponsored religious activities that favor one faith over others. The lawsuit alleges that almost all of the board’s opening prayers are explicitly Christian, and that since 2004, only a single non-Christian has been invited to deliver the opening prayer.

“Greece officials should conduct their meetings in a way that welcomes all citizens,” said the Rev. Barry W. Lynn, Americans United executive director. “Repeatedly offering Christian prayer at these public events sends a message to non-Christians that they are second-class citizens. That’s not a message public officials should want to send, and it is not a message that the Constitution allows.”

After receiving complaints from local residents, Americans United sent a letter in July urging the Greece Town Board to either stop praying before its meetings or choose inclusive prayers that are nonsectarian.

Citing Supreme Court precedent, Americans United’s letter noted that the high court “has made clear that legislative prayer is permissible only if it is nonsectarian — in other words, only if it does not use language or symbols specific to one religion.”

Today’s legal action, filed in the U.S. District Court for the Western District of New York, was prompted by Greece officials’ refusal to alter its prayer policy.

“It is unfortunate, especially for the taxpayers, that town officials insist on defending an unconstitutional practice,” Lynn said. “This litigation is likely to cost the community scarce public funds that could have been better spent elsewhere.”

Americans United argues in its lawsuit that the “practices of favoring Christian clergy and prayers at Town Board meetings … convey the message that the Christian religion is favored or preferred by the Town over other religions and over nonreligion.”

Moreover, the lawsuit charges that “the practices send the message to adherents of the Christian religion that they are political insiders, and simultaneously send the message to non-Christians that they are political outsiders.”

The lawsuit calls on the court to ensure that the Board and Supervisor Auberger no longer employ sectarian practices in the context of Town Board meetings.


TOPICS: Constitution/Conservatism; Culture/Society; US: New York
KEYWORDS: athiests; firstamendment; stoptheaclu
I was wondering when one of the anti-Christian groups were going to sue. I thought it would be the ACLU, but lo and behold, its Americans United for Separation of Church and State.

Fight the good fight, Town of Greece!

1 posted on 02/28/2008 11:58:25 AM PST by rochester_veteran
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To: rochester_veteran

This is about installing evangelical atheism as the official state religion.


2 posted on 02/28/2008 12:00:49 PM PST by Grimmy (equivocation is but the first step along the road to capitulation)
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To: rochester_veteran
Sounds like these guys want the government (see: US Constitution ~ judges are part of the government) to get into the business of writing prayers.

How low the mighty have fallen! (Bwahahahahahahaha)

3 posted on 02/28/2008 12:02:36 PM PST by muawiyah
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To: rochester_veteran

Two local residents trying to influence an entire town....minority whining for entitlements.....


4 posted on 02/28/2008 12:03:13 PM PST by illiac (If we don't change directions soon, we'll get where we're going)
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To: muawiyah
Sounds like these guys want the government (see: US Constitution ~ judges are part of the government) to get into the business of writing prayers.

For sure! They want government approved prayer. That in itself violates the 1st Amendment!

5 posted on 02/28/2008 12:07:49 PM PST by rochester_veteran ( http://RochesterConservative.com)
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To: illiac
Two local residents trying to influence an entire town...

They're leftist activists with the ACLU.

6 posted on 02/28/2008 12:09:20 PM PST by rochester_veteran ( http://RochesterConservative.com)
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To: rochester_veteran
Is the policy of the town of Greece an instance of Congress making a "law concerning an establishment of religion"? Of course not. Case dismissed.

It's interesting that this occurred in the town of Greece. It was in Greece that At. Paul observed that they had temples to every imaginable god, including "an unknown god." Clearly the plaintiffs won't be happy till we return to that kind of paganism.

7 posted on 02/28/2008 12:14:21 PM PST by hellbender
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To: hellbender
Naw, that's not what Barry Lynn wants ~ he just wants to trick a judge into writing a prayer for the town council.

Once he's got that done he will attempt to inflict that prayer on the whole country.

Then comes the kicker ~ he'll flip sides and start suing all these guys and collecting damages just like the ACLU does in religious cases.

8 posted on 02/28/2008 12:16:47 PM PST by muawiyah
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To: hellbender
Is the policy of the town of Greece an instance of Congress making a "law concerning an establishment of religion"?

They are going to try to use the establishment clause as an argument and I think the Supreme Court (if this case makes it that far... I hope it does!) has the right mix of judges to rule in favor of the Town of Greece.

9 posted on 02/28/2008 12:34:00 PM PST by rochester_veteran ( http://RochesterConservative.com)
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To: rochester_veteran

But think how much that would cost the town to contest the issue that far. Notice that the language used by the plaintiffs employs financial threats. That kind of bullying is often used by the militant secularists even when they know they might lose the case.


10 posted on 02/28/2008 1:15:07 PM PST by hellbender
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To: hellbender
But think how much that would cost the town to contest the issue that far.

Although I don't have the specifics, I think that sources for funding the legal team to defend the Town of Greece will come from the private sector. I will certainly donate to this!

Notice that the language used by the plaintiffs employs financial threats. That kind of bullying is often used by the militant secularists even when they know they might lose the case.

That's what the ACLU did to the US Park Service concerning the plaques that had verses from Psalms on them at the Grand Canyon. The threat of an ACLU lawsuit was enough to get the US Park Service to remove the plaques:

A grand victory at the Grand Canyon, Dennis Prager, JWR

The Town of Greece has a large Christian population that practices their faith and that includes Town Supervisor John Auberger. Here's what Auberger had to say:

"For over 10 years we have started our Town Board meetings with a prayer from local clergy and private individuals representing a variety of faiths," he said in a written statement. "The opportunity to say a prayer at our meeting is available to any Greece resident. We do not control the content of the prayers given, nor do we place restrictions or guidelines on these prayers. It is our intention to continue this practice."

I'm going to be writing an article about this on RochesterConservative.com today about this matter. I'll also be posting it to Stop the ACLU website later this morning, so check it out at lunchtime folks!

I have a feeling this is going to get real interesting! :-)

11 posted on 02/29/2008 5:17:32 AM PST by rochester_veteran ( http://RochesterConservative.com)
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To: hellbender; Grimmy; muawiyah; illiac; loboinok
I posted my article on the AU suing the Town of Greece to stop their opening prayer on the following websites:

RochesterConservative.com

and

Stop the ACLU

This is going to be big!

12 posted on 02/29/2008 6:43:36 AM PST by rochester_veteran ( http://RochesterConservative.com)
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