A federal judge will issue an order early Wednesday that could decide the fate of a local public prayer case with national implications.
In 2012, atheists Tommy Coleman and Brandon Jones sued Hamilton County over the commission's pre-meeting prayer. They argued the practice of inviting area pastors to lead an invocation excluded faiths that didn't hold Judeo-Christian values because they're less likely to have congregations or physical churches.
They argued prayer at public meetings should be stopped.
U.S. District Judge Harry S. "Sandy" MatticeThe county asked U.S. District Judge Harry S. Mattice for summary judgment last September. That filing came after a Supreme Court Decision that ruled public prayer at meetings in Greece, N.Y. was a longstanding decision that could continue. Attorneys for the county argued that the Supreme Court's decision left little to discuss.
Attorney Robin Flores, who represents Coleman and Jones, argued that summary judgment, which would conclude the case without a jury trial, was inappropriate. Both sides presented their arguments orally at a December hearing, and the case has essentially been stalled since then.
If Mattice grants summary judgment Wednesday, it will represent a win for the county. Its current policy allows ordained ministers of any faith to lead the commission meeting's invocation on a first-come, first-served basis. That policy was created shortly after the lawsuit was filed, and was allowed to continue as the case was being decided.
Flores said he intends to appeal the case if Mattice grants summary judgment.
Contact staff writer Claire Wiseman atcwiseman@timesfreepress.com. Follow her on Twitter @clairelwiseman.