First Liberty
Dear John,
We have great news to share: An important victory on behalf of First
Liberty's client, Judge Wayne Mack.
The Fifth Circuit Court of Appeals issued a favorable decision for
Judge Mack, and although the fight isn't over, chaplains may
continue offering prayer before Judge Mack's court proceedings
while the case progresses.
You may remember that Judge Mack is the Justice of the Peace in
Montgomery County, Texas, and his duties include serving as coroner.
In light of this role, Judge Mack formed a volunteer chaplaincy
program to provide comfort to those whose loved ones had just passed
away. He also permitted the chaplains to open his court proceedings in
prayer.
Outrageously, the Freedom From Religion Foundation sued Judge Mack for
allowing prayer in the courtroom.
The Fifth Circuit just issued a stay in our favor, reversing the
district court's decision below. This means that while the
lawsuit moves forward, chaplains will not be prevented from opening
Judge Mack's court sessions in prayer.
Here's what Justin Butterfield, FLI's Deputy General Counsel, said in
response to the Fifth Circuit's ruling:
"We agree with the Fifth Circuit's conclusion that prohibiting the prayers
was wrong. It's time for the Freedom From Religion Foundation and
the State Commission on Judicial Conduct to end their harassment
of Judge Mack."
As for Judge Mack himself, he's just thankful the chaplaincy program
can continue for now. As always, his focus is on serving others:
"I am so very grateful that we have our chaplaincy program in
place to assist with helping families in our county through terrible
tragedies and to provide a moment of perspective as our court begins
proceedings. I am pleased that this program can continue while we are
presenting our case to the 5th Circuit."
We are optimistic that we will ultimately be victorious in our fight
for Judge Mack. In fact, in its stay, the Fifth Circuit said the
district court was wrong to side with the Freedom From Religion
Foundation. Here's an encouraging quote from the Fifth
Circuit's decision last week:
"The Supreme Court has held that our Nation's history and
tradition allow legislatures to use tax dollars to pay for chaplains
who perform sectarian prayers before sessions. If anything, Judge
Mack's chaplaincy program raises fewer questions under the
Establishment Clause because it uses zero tax dollars and operates on
a volunteer basis."
As our legal team pointed out, Judge Mack's chaplaincy program
is "following our nation's long history and tradition of
opening court proceedings with prayer." Judge Mack's case
will be key in preserving that tradition.
We'll make sure to keep you posted on future updates on
Judge Mack's case. In the meantime, please help keep us on the
frontlines fighting for courageous people of faith like Judge Mack
by giving to First Liberty today. Your generous support makes
all the difference!
Yes, I will make a gift today!
[link removed]
Gratefully,
Kelly
Kelly J. Shackelford, Esq.
President, CEO & Chief Counsel
First Liberty Institute
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First Liberty Institute is a nonprofit, charitable organization under
section 501(c)(3) of the Internal Revenue Code. It does not endorse or
participate in any campaign activity for or against political
candidates.
First Liberty conducts research and provides analysis on the effects
of policy actions on religious liberty. This publication is intended
to be used for informational, educational and reference purposes only.
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