Praying Judge from Texas Wins Major Victory in Appeals Court Ruling

Tré Goins-Phillips : Oct 6, 2022
Faithwire.com

"When a visitor arrives at Mack's court, he sees a message inscribed on the door and on a nearby television screen: 'It is the tradition of this court to have a brief opening ceremony that includes a brief invocation by one of our volunteer chaplains ... You are not required to be present or participate. The bailiff will notify the lobby when court is in session.'" -Fifth Circuit Court of Appeals

[Faithwire.com] After a lengthy legal battle, a Texas judge can continue opening his courtroom proceedings with prayer, according to a split ruling from a New Orleans-based appeals court. (Image: Unsplash-Colin Lloyd)

What happened?

The Freedom From Religion Foundation targeted Montgomery County Justice of the Peace Wayne Mack in 2019 over the judge's custom of starting each court day with a few minutes of prayer delivered by faith leaders from the community, according to Reuters.

On Thursday, the 5th Circuit Court of Appeals voted 2-1 in favor of Mack, rejecting the FFRF's claim that invocations could be viewed as prejudicial. The judges ruled Mack can continue allowing chaplains and ministers to pray at the start of legal proceedings as long as he extends the invitation to leaders from different faith backgrounds and does not impose consequences on anyone who declines to participate.

The judges stated in their opinion the FFRF claim was simply not reasonable.

"We cannot credit the plaintiffs' assertion that 'coercion in a courtroom doesn't come from the imposition of actual prejudice; it comes from a perceived risk of prejudice,'" they wrote. "The plaintiffs must present evidence that any such perception is objectively reasonable—evidence from which we can conclude that 'coercion is a real and substantial likelihood.'"

What was the reaction?

US Circuit Judge E. Grady Jolly dissented, though, arguing it was "reasonable to believe that non-participation will draw his ire, as the former Pentecostal minister campaigned on having prayer in his court" and "has acted hostile following a litigant's noncooperation in the prayer."

It is worth noting, however, it would be difficult to legally—or otherwise—prove someone was not participating in prayer, unless the individual was actively protesting the invocation.

Mack, for his part, said in a statement he is "eternally grateful" for the circuit court ruling.

"I look forward to continuing to serve the people of Montgomery County," he said... Subscribe for free to Breaking Christian News here

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