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Thursday, December 29, 2005

Ind. Decisions - Judge Hamilton denies motions to reconsider in House prayer case

Judge David Hamilton ruled late yesterday, Dec. 28th, denying the motions to stay and to reconsider his Nov. 30th ruling in Hinrichs v. Bosma. Here is yesterday's 18-page ruling.

(Here, from Dec. 15th, is more on the motions to reconsider, and here, from Nov. 30th and Dec. 1st, is more on the original ruling. For still more, type "Bosma" in the search box.)

Here is Richard D. Walton's coverage in today's Indianapolis Star, headlined "Ban on prayer stands: Indiana's House speaker sought clarification and vows appeal to 7th Circuit Court." Some quotes:

U.S. District Judge David Hamilton rejected arguments by House Speaker Brian Bosma, R-Indianapolis, that Hamilton's ruling was too vague to enforce. And Hamilton issued a warning:

"If the speaker or those offering prayers seek to evade the injunction through indirect but well understood expressions of specifically Christian beliefs, the audience, the public, and the court will be able to see what is happening. In that unlikely event, the court will be able to take appropriate measures to enforce" the injunction. * * *

Despite Hamilton's intent to also prevent the promotion of non-Christian religions, Bosma had asked for clarification on whether the prohibition "refers to Christendom as a whole, or is more limited and means only that there should be no appeals on behalf of Methodism, Presbyterianism, or Roman Catholicism, for example."

Responded Hamilton in Wednesday's ruling: "This later question seems to reflect almost a willful obtuseness. As is evident through the opinions of this court and other courts . . . official prayers that endorse Christianity in general violate the Establishment Clause. The Establishment Clause is not limited to preferences for particular Christian denominations."

Posted by Marcia Oddi on December 29, 2005 06:49 AM
Posted to Ind Fed D.Ct. Decisions