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Wednesday, November 19, 2008

Ind. Courts - God and prayer continue in Indiana headlines

Following on Monday's entry headed "Court upholds “God” license plate judgment", there are several more local stories today relating to God or prayer.

"BMV is sued for rejecting 'BE GODS' license plate" is the headline to a story today in the Indianapolis Star by Jon Murray that begins:

For years, Liz Ferris saw her personalized license plate -- BE GODS -- as a quiet declaration of faith, a shorthand message urging people to "belong to God."

But now the Indiana Bureau of Motor Vehicles says there's no place for God on personalized plates.

The BMV, meanwhile, has issued 2 million plates that proclaim "In God We Trust." On Monday, the Indiana Court of Appeals upheld the constitutionality of those plates.

The BMV, which approved Ferris' license plate eight or nine years ago, now is rejecting her message, saying that it violates a new policy that bars any reference to religion or a deity on personalized plates, a policy she says violates her First Amendment rights. The problem only surfaced after she let her plate lapse, and when she tried to reclaim the phrase, the BMV turned her down.

The eastern Indiana woman filed a lawsuit this week against the BMV to fix what she sees as a mixed message.

"Clergy-led prayer returns to House" is the headline to this story by Star reporter Mary Beth Schneider:
A minister led the Indiana House in prayer Tuesday for the first time in nearly three years.

The tradition of having different members of the clergy say a prayer had stopped in January 2006 after a federal judge ruled that sectarian prayers that favored one religion over another were unconstitutional.

The lawsuit that prompted that ruling was filed by the American Civil Liberties Union of Indiana. But the suit was eventually dismissed by an appellate court that determined the taxpayers bringing the action had no legal standing because they were not directly affected by the House prayers.

During the 2006 legislative session, lawmakers gathered at the back of the House chamber to say a prayer. In the 2007 and 2008 sessions, House Speaker B. Patrick Bauer, D-South Bend, read a nonsectarian prayer from the podium. * * *

It was the use of prayers focusing on Jesus that sparked the ACLU lawsuit against the House.

While only the Indiana House was sued, the state Senate also stopped using ministers as a result, with senators instead saying the prayers. Last session, several of those prayers were to Jesus -- and that happened again Tuesday as Sen. Patricia Miller, R-Indianapolis, gave the invocation, closing with "in Jesus Christ's name."

Ken Falk, legal director of the ACLU of Indiana, said there is "no problem in having a minister give a nonsectarian prayer."

But, he said, if the General Assembly persists in sectarian prayers that exclude some people, the ACLU could consider suing again, this time with plaintiffs who would have legal standing to sue.

"Protest over prayer ban leads to man's arrest" is the headline to this story by Jason Thomas in the Star today. Some quotes:
At 70 years old -- and after a night behind bars -- Charles Lynch says he'll continue his fight to return prayer to City Council meetings in the small Southside community of Southport.

He spent about 10 hours in the Marion County Jail late Monday and early Tuesday to prove his point.

Lynch was arrested and charged with disorderly conduct Monday after praying aloud during an official "moment of silence'' during the City Council meeting, bringing to a boiling point an issue that has divided Southport since January.

At the onset of the meeting, Mayor Rob Thoman read a statement warning against disorderly conduct and stated that anyone who talked out of turn would be in violation, according to an incident report from the Indianapolis Metropolitan Police Department.

During a moment of silence, Larry Tunget, wife of former Mayor Nannette Tunget, began reading a prayer out loud.

Lynch also began reciting the prayer. When Thoman asked Lynch to be quiet, he began to pray louder, according to the report.

Lynch then was asked to leave the meeting. He refused and grabbed a chair, prompting Southport Assistant Chief Mark Myers to forcibly pry Lynch's hands from the chair, according to the report.

Lynch continued to resist Myers, according to the report, and refused to place his hands behind his back. He eventually was removed from the building and handcuffed. Lynch said he was released from jail about 7 a.m. Tuesday. * * *

Ken Falk, legal director for the American Civil Liberties Union of Indiana, compared Lynch's action with someone walking into the Statehouse and beginning to talk during a legislative session.

"I guess the argument is not whether he was praying," Falk said, "but whether he was doing something that was allowed during that time period of time on the agenda."

Posted by Marcia Oddi on November 19, 2008 08:56 AM
Posted to Indiana Courts | Indiana Government