May 18, 2012

The Second Circuit makes clear the obvious

From the New York Law Journal's online edition...

the U.S. Second Circuit Court of Appeals, in a case of first impression for it, created an extremely fact-dependent test for determining the constitutionality of opening meetings of legislative bodies with prayer. Here the court held that the prayer policy as implemented by Greece, New York, violates the Establishment Clause because "an objective, reasonable person would believe that the town’s prayer practice had the effect of affiliating the town with Christianity."

That which is so perfectly obvious to everyone, these days takes an appellate court to define. 



Old NFO said...

Interesting, thanks!