5th Circuit rejects ?offended observer? attack on public prayer

ADF: 5th Circuit rejects “offended observer” attack on public prayer - Alliance Defense Fund - Defending Our First Liberty

NEW ORLEANS ? A full panel of the U.S. Court of Appeals for the 5th Circuit issued a decision Wednesday that severely undercuts the American Civil Liberties Union and its ?offended observer? claims in Establishment Clause cases. The decision comes after the court granted the request of Alliance Defense Fund attorneys and their co-counsel to review the appeal of a lawsuit in which the ACLU sued the Tangipahoa Parish School Board for opening its meetings with voluntary prayer.

?The practice of opening public meetings with prayer is and always has been lawful and appropriate. The Constitution does not ban citizens or elected officials from invoking divine guidance and blessings upon our public work,? said ADF Senior Legal Counsel Mike Johnson, who presented oral argument on behalf of the school board defendants May 22.

?The court today has delivered a serious blow to the ACLU by affirming that the far left can no longer bully its way into court without any proven, concrete injury,? Johnson explained. ?Simply claiming that one is ?offended? by religious speech or symbols is not enough to spark a federal case.?

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