(waaaah cont)
(could this article be any longer?)

By Robert King and Bill Ruthhart
robert.king@indystar.com
January 5, 2006
 
Republican House leaders made it clear Wednesday they don't agree with a judge's ban on prayers that invoke the name of Jesus Christ during their proceedings.

But, led by House Speaker Brian C. Bosma, they decided to forgo the 189-year tradition of invocations -- at least for now -- and opted instead to have a free-spirited prayer huddle in the back of the House chamber minutes before the opening gavel.

"We're taking a stand. We're making a statement," Bosma said. "But within the bounds of the court order."

Two other prayer sessions were held in the Statehouse Rotunda, led by citizens supportive of keeping prayer in the House.

Bosma's maneuver, crafted in the hours leading up to the start of business Wednesday, dominated the House's opening day for 2006. The legislative session itself lasted less than 20 minutes.

The pre-session prayer huddles will continue until the judge's order is revoked, House leaders said. Bosma said his legal team, working with Attorney General Steve Carter, would formally appeal the order by Feb. 15.

Fran Quigley, executive director of the Indiana Civil Liberties Union, whose lawsuit against Bosma prompted the court order, praised the House leader's solution of praying before the session.

"They're expressing their faith in a way that's not given the trappings of government speech, so I think it's constitutionally appropriate," Quigley said.

Indiana University law Professor Daniel Conkle said it would have been easier to make the case that this was private speech had the prayer huddle been outside the House chamber, and not so close to the start of business.

"They're testing the limit," Conkle said. "I wouldn't necessarily conclude they've gone beyond it, but I think they're definitely getting close to the edge."

For nearly two months, Bosma said, he had struggled to come up with a response to the order issued in late November by U.S. District Judge David Hamilton, which said prayers offered during House proceedings may not mention the name of Jesus Christ or endorse a particular religion.

Bosma told the convened House and a standing-room-only gallery that he opted against continuing the traditional invocations because Hamilton's order would require him to "review and inspect" the theology of any individual asked to perform them.

"Requiring people to pray in accordance with government-approved theology directly interferes with the freedom of conscience and speech that each of us holds so dear," he said.

With advice from what he called his legal team, Bosma concluded that the pre-session prayer huddle would not violate Hamilton's order in letter or spirit.

"Those of us, myself included, who yearn for the opportunity to freely speak in accordance with our beliefs have historically always ended up on the right side of history," he said.

His remarks were met by a 30-second standing ovation from House members and the gallery.  (ed: hands on hearts?)

Less enthusiastic was Rep. David Orentlicher, an Indianapolis Democrat and the sole Jewish legislator. Orentlicher said he was in a meeting outside the House chamber when the prayer huddle took place. He said he had no problem with private and personal prayers.

But Orentlicher, who lingered in a doorway to the House chamber as Bosma explained his objections to Hamilton's order, said the speaker should be paying more attention to vital issues such as health care and tax policy and less to the prayer controversy.  (ed: give this man a raise!)

He also criticized Bosma for continually insisting in public that free speech is at stake when his lawyers conceded that was not the case before Hamilton.

"It's unfortunate he wants to create religious conflict and political division when there are critical issues facing the state," Orentlicher said.

The mostly ceremonial day also included the Pledge of Allegiance, introduction of new members and a moment of silence for members who have died.

The prayer huddle was led by one Democrat and one Republican. Lawmakers stood shoulder to shoulder, many with hands on the backs of those in front of them. (ed: huh?)

Rep. Peggy Welch, D-Bloomington, opened the huddle by saying, "Lord, we just come before you humbly, and we want to tell you we love you and we appreciate you." She asked for divine guidance, that "we may walk and seek to please you, and not men."

Welch concluded her prayer "in the name of the great I Am" -- a reference to God that bridges both the Jewish and Christian bibles.

From there, Rep. P. Eric Turner, R-Marion, asked God to give House members wisdom and to help them act in a Christ-like way. He concluded his prayer "in the name of our Lord and Savior Jesus Christ" to a chorus of amens.

Such remarks made last year during opening invocations, particularly some similar to Turner's references to Jesus, were cited by Hamilton as evidence that the House violated the U.S. Constitution's clause prohibiting a government establishment of religion.

In a subsequent ruling, Hamilton said further that no one should try to evade his injunction "through indirect but well understood expressions of specifically Christian beliefs."

House Minority Leader B. Patrick Bauer, D-South Bend, joined the prayer huddle. Though he found the speaker's solution "a little awkward," he said he didn't disagree with it.

Outside the House chamber, peering through a window at the proceedings and carrying a sign that said "In the name of Jesus Christ, Amen," 15-year-old Praise Jerusha Sharp, Crawfordsville, was among those who objects to Hamilton's ruling.

She took a day off from her private school to make her feelings known. "If they don't start praying in Jesus' name, our country is going to fall," she said. "I've asked (God), and he doesn't like it."

Earlier, two groups had services in the Statehouse atrium to pray for the elected leaders of Indiana and the nation. Organizers of both said they were not arranged in response to the prayer controversy upstairs in the House. But several were dead set against Hamilton's court order.

At the 10 a.m. service, people seated in blue chairs in the marble Rotunda began the prayer session by chanting, "Jesus, Jesus, Jesus."

The group grew louder as church leaders stood behind a lectern, their shouts of praise echoing through the Statehouse.

The Rev. Greg A. Dixon, pastor of Indianapolis Baptist Temple (ed: yay!  my favorite!), said he wished Bosma had asked him to do the invocation so he could have defied the judge's order. "I'd go to jail over it if I had to."  (ed: ooooh...mr. badass...)

House members said they were disappointed that the invocation had to be set aside. Welch said the breaking of tradition felt weird. Turner called it "regrettable." But he said a prayer is a prayer no matter where or when it's offered.

"God's going to hear it the same way."

Call Star reporter Robert King at (317) 444-6089.


We were suddenly informed (at my shitty job) that the company had been purchased by another. 

One of many things the head of their HR discussed had to do with conduct.  No ethnic jokes.  "Don't even joke about harrassment - I mean, don't even joke like, 'that's harrassment!  I'm gonna turn you in!'"  Worst of all, no religious jokes.  What am I gonna do all day if I can't make fun of religion(s)?


Last night, when I was coming back from break, I heard a few ppl talking about some bill that was passed recently.  I thought, wow, ppl here know about a local bill?  That's gotta be a first.  So, I stopped momentarily to ask what bill they were referring to.  This one kid said, "you know, the one where they can't say Jesus when they do the prayer!"  I said, oh yeah, and ran away cuz I immediately started laughing.  I laughed for many, many reasons.  Mostly I laughed cuz ppl were outraged about how a prayer can be conducted not realizing that, in some ppl's opinion (?), there shouldn't even be a fucking prayer conducted in a gov't building at all.  Oh pity these poor, oppressed Christians - all 92% of them!


December 1, 2005
 
House prayers can't invoke Jesus
Federal judge declares that invocations advancing a specific religion are unconstitutional

By Richard D. Walton
richard.walton@indystar.com

A federal court judge Wednesday barred prayers that mention Jesus Christ or endorse any religion at the opening of each daily session of the Indiana House of Representatives.

Judge David Hamilton found that the House practice breached the clause of the U.S. Constitution prohibiting government establishment of religion. While not banning prayers in the House, Hamilton ordered that any person chosen to give the invocation be instructed it must not advance any one faith or be used in a bid to convert listeners.

Hamilton, who based his decision on a 1983 U.S. Supreme Court decision setting boundaries on legislative prayer, said all are free to pray as they wish in their places of worship.

"The individuals do not have a First Amendment right, however, to use an official platform like the Speaker's podium . . . to express their own religious faiths,'' Hamilton said.

The case stemmed from a lawsuit filed by the Indiana Civil Liberties Union on behalf of four citizens. The suit contended the House prayers -- a 188-year tradition -- overwhelmingly promoted Christian values.

Rep. Brian Bosma, R-Indianapolis, who as speaker became a defendant in the case, called the decision "intolerable," "terrible," and "shocking." It violates the free speech of religious leaders, he said. According to the ruling, "the name of Christ will not be said in prayer during the coming session."

But Bosma said he hasn't decided whether he'll follow the order.

"This is an intolerable decision I hope cannot stand."

Of 53 prayers offered in the House during the 2005 session, 41 were delivered by people identified with Christian churches, Hamilton's written opinion says. Of the 45 prayers for which transcripts were available, 29 were offered in the name of Jesus, the Savior and/or the Son.

One prayer urged that "whatever you do in word or deed, do all in the name of the Lord Jesus." Another called for a worldwide conversion to Christianity: "We look forward to the day when all nations and all people of the earth will have the opportunity to hear and respond to messages of love of the Almighty God who has revealed Himself in the saving power of Jesus Christ."

In an incident that prompted some offended representatives to walk out of the chamber, one minister led the House in the singing of Just a Little Talk with Jesus. This spurred the legal challenge.

Court records filed on behalf of Bosma noted that prayers have been said before American legislative bodies since colonial days. His side argued that the House prayers were inclusive in that people of all faiths can volunteer for the duty, and that there is no discrimination on who is chosen. Jewish and Muslim clerics also delivered the prayer during the last legislative session.

Moreover, those selected receive a form letter asking that the cleric "strive for" an ecumenical prayer.

But Judge Hamilton found the instruction inadequate. He ordered the speaker to give more explicit instructions.

"If the Speaker chooses to continue to permit nonsectarian prayers as part of the official proceedings, he shall advise all persons offering such prayers . . . that the prayers must be non-sectarian and must not be used to proselytize or advance any one faith or belief or to disparage any other faith or belief." Added Hamilton: "The prayers should not use Christ's name or title or any other denominational appeal."

Kenneth Falk, legal director of the civil liberties union, said the ruling provides for no penalty against those who violate the mandated guidelines while giving the prayer. He said the ruling merely acknowledges that the U.S. is not an exclusively Christian nation and that government-sanctioned, sectarian prayer will not be permitted.

Daniel Conkle, a professor of law at Indiana University in Bloomington, said the ruling could have ramifications for other government bodies that have prayer to open meetings, such as city councils.

Dozens of religious leaders, including Christians, have signed a statement saying that House prayers should honor religious diversity. The document has been sent to Bosma and to Senate President Pro Tem Robert Garton, R-Columbus.

Rabbi Jon Adland, Indianapolis Hebrew Congregation, praised the court decision. He was among those who submitted affidavits on behalf of the ICLU.

Adland said he has been a strong advocate for the separation of church and state. That doesn't mean, he added, that there can be no prayers in public buildings. But, he said, "if you're going to have prayer it has to be inclusive of all people."

Imam Umar Al-Khattab, of the Masjid Al Fajr on Cold Spring Road, said he doesn't think it's unreasonable to ask religious leaders to offer House prayers applicable to all faiths. "When you say Jesus or Buddha that's exclusive," he said.

However, the Rev. Clarence Brown of Bedford, who led the House in singing Just A Little Talk with Jesus, thinks the decision "infringes on the Christian."

The court ruling also drew criticism from former House Speaker B. Patrick Bauer, a Democrat who is now the minority leader. Bauer, D-South Bend, said this issue transcends partisanship and that he would back Bosma if he chooses to appeal.

"I think it's untenable," Bauer said. "It's a question of excluding all religions, and that's where the error lies. I don't think you forsake religion."

The U.S. Supreme Court has upheld the right of government bodies to open sessions with a prayer, noting the "unambiguous and unbroken history of more than 200 years." But in the 1983 high court decision, the justices said the prayers can't promote one religion over another or disparage any other religion. The justices also ruled the prayers cannot be used in an attempt to convert.
Hamilton found that "the consistently sectarian prayers" of the Indiana House go far beyond what that ruling permits.

"The prayer opportunities have frequently and consistently been used to advance the Christian religion," he said.

Federal Judge David Hamilton, basing his decision on a 1983 U.S. Supreme Court ruling, said the speaker of the House must provide the following instructions to people selected to deliver the prayer at the beginning of daily House sessions:
• The invocations must be nonsectarian.
• They must not be used to try to convert others to a particular faith or to advance any faith over another.
• They must not use Jesus Christ's name or title, or any other denominational appeal.

EXCERPTS FROM JUDGE'S RULING
Highlights of federal Judge David Hamilton's ruling regarding prayer in the Indiana House of Representatives:
• "When the founders of this nation set the boundaries on the power of government, the first words they wrote in the Bill of Rights were "Congress shall make no law respecting an establishment of religion. . . . The founders recognized that we are a people of many strong and vigorous faiths. They acted to protect the liberty to practice those faiths."
• While the boundary between permissible and impermissible legislative prayer may not be a precisely drawn one, the current legislative prayer practices of the Indiana House "are well outside the boundaries" established by the U.S. Supreme Court in 1983 and subsequently upheld by lower courts.
• "The court recognizes that the relief granted in this case might make it difficult or even impossible for some clergy or believers to offer official (House) prayers." But the alternative to banning sectarian prayers "would be a complete prohibition on legislative prayer."

REACTION TO RULING
"I firmly believe in free speech, but I can see how it competes with the separation of church and state. I think this is a good compromise.''
Charles Porter, 24, Indianapolis, Roman Catholic

"I don't think there should be a church service in a government building. What does that have to do with passing laws?''
Antoinette Pazak, 21, Indianapolis, Roman Catholic

"I think the concept of a generic prayer is lame; it defeats the purpose. Maybe they can have a rotating system of prayers led by people of different faiths.''
Matt Rinehart, 26, Indianapolis, agnostic  <---ass