First Liberty
We just received news of a victory for our client, Judge Wayne Mack.
The U.S. Court of Appeals for the 5th Circuit upheld Judge
Mack's practice of recognizing volunteer chaplains who sometimes
open court sessions with a brief invocation.
As a Justice of the Peace in Montgomery County, Texas, Judge Mack
invites religious leaders of every faith in his community and gives
them opportunity to offer remarks and, if they choose, a brief opening
prayer before courtroom sessions.
He also serves as a coroner and started the chaplaincy program years
ago after he was called to the scene of an accident and struggled to
find a chaplain for the family of the deceased. Judge Mack established
the program to help counsel and comfort grieving families at tragic
death scenes or on death-call notifications.
For more than six years, the radical Freedom From Religion Foundation
(FFRF) persistently took Judge Mack to court, alleging the invocation
violates the Constitution and that it was coercive. But the 5th
Circuit ruled that his program is constitutional and determined that
"Mack's practice is noncoercive."
In its ruling, the Court also held that Judge Mack's
"prayer practice is consistent with the tradition of public,
government-sponsored prayer." Instead of violating any
constitutional principle, his program embraces our nation's
history and tradition of solemnizing judicial proceedings.
"The Fifth Circuit rightly concluded that Judge Mack's
brief ceremony respects a rich historical tradition of opening
judicial proceedings with an invocation," said Bradley Hubbard,
our volunteer attorney from the law firm Gibson Dunn who argued the
case in April. "As the Court explained, the 'history,
character, and context' of Judge Mack's ceremony
'show that it is no establishment at all.'"
This is a tremendous victory that finally brings an end to years of
harassment against Judge Mack. With this key ruling in hand, he will
be able to continue a distinguished career of public service to his
community.
Judge Mack sent a heartfelt message to First Liberty and supporters
expressing his gratitude:
"Thank you seems very inadequate to say to you and your team.
But also so does God's grace and mercy seem so beyond what we
are worthy of. So thankful that God is faithful and that you were
faithful to your vision to preserve religious liberty and freedom in
America. History is going to show that you and your team were at the
forefront of spiritual renewal and revival in our nation."
As we celebrate this victory, we want to thank you for supporting
Judge Mack through this legal battle for so many years. Wins such as
these make an incredible and profound impact not only in the lives of
our clients, but also to countless people in the communities where
they serve.
It's because of your faithful support that we can keep making an
impact and delivering freedom for Americans all across our country.
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First Liberty Institute