Religion Law Quiz #42 (Content of prayers at the beginning of legislative settings)

In a prior Religion Law Quiz we learned that Congress and state legislatures can open their session with prayer.  For people that are asked to offer such a prayer, can they use words that are unique or particular to their belief as part of their prayer? 

 

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Answer: Yes.  Consider what the Supreme Court had to say in that regard in the blurb below.  It is also important to note that the Supreme Court below and later in the opinion emphasized that it would not be proper if, over time, the prayer becomes a means of proselytizing or advancing one group over another.  However, prayers that that are solemn and respectful and seek to bring lawmakers together are very proper.  Here's what the Supreme Court said: 

 

In rejecting the suggestion that legislative prayer must be nonsectarian, the Court does not imply that no constraints remain on its content. The relevant constraint derives from its place at the opening of legislative sessions, where it is meant to lend gravity to the occasion and reflect values long part of the Nation's heritage. Prayer that is solemn and respectful in tone, that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing, serves that legitimate function. If the course and practice over time shows that the invocations denigrate nonbelievers or religious minorities, threaten damnation, or preach conversion, many present may consider the prayer to fall short of the desire to elevate the purpose of the occasion and to unite lawmakers in their common effort. That circumstance would present a different case than the one presently before the Court.

 

The tradition reflected in Marsh permits chaplains to ask their own God for blessings of peace, justice, and freedom that find appreciation among people of all faiths. That a prayer is given in the name of Jesus, Allah, or Jehovah, or that it makes passing reference to religious doctrines, does not remove it from that tradition. These religious themes provide particular means to universal ends. Prayer that reflects beliefs specific to only some creeds can still serve to solemnize the occasion, so long as the practice over time is not “exploited to proselytize or advance any one, or to disparage any other, faith or belief.” Marsh, 463 U.S., at 794–795, 103 S.Ct. 3330.

 

Town of Greece, N.Y. v. Galloway, 572 U.S. 565, 582–83, 134 S. Ct. 1811, 1823, 188 L. Ed. 2d 835 (2014)

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.