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!

Gratefully, 

Kelly

Kelly J. Shackelford, Esq.
President, CEO & Chief Counsel
First Liberty Institute

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