SLD

The Utah Supreme Court has just handed a victory to a free thinker who was denied the right to lead the prayer at his municipality. The prayer offered was as follows:



The case is Snyder v. Murray City and was decided by the Utah Supreme Court on Friday (sorry I can't post a link to it, someone may find it published openly can). Interestingly, the federal courts shot down his challenge in a case that almost went to the U.S. Supreme Court, but the Utah court allowed him to proceed on grounds of the Utah State Constitution's guarantees of religious freedom and expression which they held to be more expansive than the U.S. Constitution's First Amendment. Well, chalk one up for Utah, I wouldn't have thought that the Mormons would go for such a tolerant statement - maybe I don't understand Utah politics.

I may not be a praying man, but I may make an exception for this one and try it in Alabama. Knowing Alabama politicians and the power of prayer though, I doubt if it will work.

SLD

Toto

I've seen news stories about this, but I haven't found a link to the opinion yet.

I did find this essay on The Uncertain Constitutionality of Prayers That Open School Board Meetings ( PDF version )

Stephen Maturin

The opinion: Snyder v. Murray Hill Corp. As SLD noted, the Utah Supreme Court based its ruling entirely on the state constitution,* so the U.S. Supreme Court can't touch it. The Utah Court also rejected claim preclusion and issue preclusion challenges based on the earlier federal court litigation.

*The relevant provision of the Utah Constitution is laden with separationist language (although the courts haven't applied the "no public money" prohibition literally):

SLD

I think this case illustrates the importance of a strict separation of church and state, and how maybe freethinkers and fundamentalists can agree that a strict separation is better for both camps. I would point this decision out to many fundamentalists of the way their viewpoints can backfire. If we can have prayers at public functions, then we cannot discriminate, and if we cannot discriminate, we can have prayers such as this and even satanic prayers. I would think that if put in this context, they may not like the idea of prayers at public functions and move to keep it back in their homes and churches and other private functions.

Well, at least one can hope for some rational thought.

SLD

hezekiah jones

Originally posted by Stephen Maturin
The Utah Court also rejected claim preclusion and issue preclusion challenges based on the earlier federal court litigation.

You know you're a dork when you scour an establishment clause case in hopes of finding an opportunity to use the term "defensive non-mutual collateral estoppel" in a sentence.

Yours truly,
A. Dork
Dork, Doofus, Nerd & Dork LLP

atheist_in_foxhole

Speaking of Utah, everyone should read this frightening speech given by ex-Mormon Steve Benson at last fall's Freedom From Religion Foundation convention. Here's an excerpt:

I knew that Mormons were odd, but I didn't know they were that odd!

Melkor

That almost sounds like a Masonic secrecy rite or something.....

Stephen Maturin

rotflmao! I hear ya. I'll never, ever forgive the guy who taught me that phrase and made me learn what it means.

atheist_in_foxhole

After reading that speech I'm tempted to call 911 if I ever see a Mormon coming to my door.