Humanist Invocation on March 22, 2016

 

SCOTUS opinion in the Greece v. Galloway case did help somewhat, eh?   An atheist gave the invocation AFTER that ruling.  His application had been rejected in 2010 with this email:

From: Laquidara, Cindy [mailto:CindyL@coj.net]
Sent: Wednesday, July 28, 2010 3:18 PM
Cc: Loving, Suzie; Teodorescu, Adina; Laquidara, Cindy; Brown, Cheryl
Subject: City Council legislative invocation policy

Hello Mr. Coggins – Your email to Ms. Loving was referred to me for response.  Please note that this is a unique area of First Amendment law.  You are quite right that typically any government function or option must be made equally available, regardless of the content of the speech contained.  This application of First Amendment law, which arises out of the application of the Lemon test, is, however, inapplicable to this narrow area the establishment clause and legislative invocations.

The Supreme Court has recognized that legislative bodies may start their proceedings with a prayer.    This prayer is allowed so long as it is not proselytizing, or the advancement of a particular faith, or the disparagement of any faith.  In addition, the legislative body cannot be seen to be endorsing any particular faith.  This can be accomplished largely in two methods:  1)  by a fairly broad prayer in the Judeo-Christian genre, or by circulating the prayer among religions such that it is clear that the legislative body is not endorsing any particular faith.    Neither of these methods requires that a moment of silence, a non-established religion, or an atheist organization be given a role. We recognize that this is an extremely limited exception to the usual principals, but such was the determination of the U.S. Supreme Court.

Please do not hesitate to contact me should you have any additional questions.

Cindy A. Laquidara, General Counsel

Board Certified City, County and Local

Government Law

Office of General Counsel

117 W. Duval Street

Suite 480

Jacksonville, Florida 32202

Telephone:  (904) 630-1728

Facsimile:  (904) 630-8287 (RightFax)

Office Facsimile:  (904) 630-1731

cindyl@coj.net

Legal opinion about invocations from The Humanist Society

http://thehumanistsociety.org/wp-content/uploads/2015/10/Secular-Invocation-Memorandum-5-5-14.pdf

Quote from above link:

Legal Memorandum: Secular Invocations The constitutional requirements governing legislative prayers require local government entities to authorize non-theistic invocations whenever theistic invocations are authorized.