Michael Foust – May 24, 2021
A Texas judge’s practice of opening his court sessions in chaplain-led prayer violates the U.S. Constitution’s prohibition on government establishment of religion, a federal district court ruled Friday.
Judge Wayne Mack, a justice of the peace in Montgomery County, Texas, created a chaplaincy program in 2014 allowing volunteer chaplains to “assist the Court system and Law Enforcement with grieving families on tragic death scenes or death call notifications.” Chaplains also were allowed to offer an invocation for Mack’s court sessions.
The Freedom From Religion Foundation (FFRF), which calls itself an organization of “atheists, agnostics and skeptics of any pedigree,” sued Mack in federal court, arguing that the prayers were unconstitutional. FFRF represented an attorney who is a member of the organization and who frequently argued cases in Mack’s courtroom.
On Friday, U.S. District Judge Kenneth M. Hoyt issued a 15-page decision siding with the atheist organization. Hoyt was nominated by President Reagan. Mack’s attorneys say they will appeal.
“The Court is of the view that the defendant violates the Establishment Clause when, before a captured audience of litigants and their counsel, he presents himself as theopneustically-inspired, enabling him to advance, through the Chaplaincy Program, God’s ‘larger purpose,” Hoyt wrote. “Such a magnanimous goal flies in the face of historical tradition and makes a mockery of both religion and law.”
About 90 percent of the chaplains between November 2017 and October 2020 were Protestant Christians, although the chaplains list also included representatives of Buddhism, Hinduism and Judaism, Hoyt said.
