Judge rules in favor of prayer at Hamilton County Commission meetings

Hamilton County Commissioners pray before a meeting in this file photo.
Hamilton County Commissioners pray before a meeting in this file photo.
photo Hamilton County Commissioners pray before a meeting in this file photo.

U.S. District Judge Harry S. Mattice issued an order today in favor of Hamilton County's right to open public meetings with a prayer, all but ensuring the case will move on to the 6th Circuit Court of Appeals.

The case stems from a 2012 suit filed by two atheists who argued the County Commission's practice of inviting ordained pastors to deliver an invocation before each meeting excludes those outside the Judeo-Christian tradition.

In July 2013, the 6th Circuit upheld Mattice's decision to deny an injunction that would have prevented the Commission from praying at all while the case was decided. That means the Commission's practice has been allowed to continue while the case is playing out.

In his Wednesday order granting summary judgment, Mattice agreed with the County's attorneys.

"Plaintiffs' argument is clearly flawed and flies in the face of established Supreme Court precedent," Mattice wrote.

In the suit, plaintiff Tommy Coleman also alleges his First and Fourth Amendment rights were violated when he was escorted from a commission meeting in 2012. Mattice ruled those issues should be addressed at trial.

The Hamilton County case is seen as an early test of a Supreme Court ruling issued in May of last year. In that case, the country's highest court ruled public prayer in Greece, N.Y. was a longstanding tradition that should be protected.

The county asked Mattice for summary judgment in September, arguing the Supreme Court ruling left nothing to discuss. Both sides delivered oral arguments in December, and attorney Robin Flores, who represents the plaintiffs, argued that summary judgment is inappropriate. The case has essentially been stalled since then.

Mattice ruled the county's policy, which invites ordained pastors of any faith to deliver an invocation on a first-come, first-serve basis, is in line with the approved policy the Supreme Court upheld out of New York.

"The County's policy, on its face, does not advance one religion over another; it allows for invocations from a variety of faiths and allows for prayers with religious references, but has not led to denigration or proselytizing. The County does not involve itself in the content of the prayers offered and has allowed speakers from assemblies representing a variety of faith traditions. In fact, the County has never rejected a request to be added to the invocation schedule from an eligible member of the clergy under the policy," Mattice wrote.

Attorney Robin Flores, who represents the plaintiffs, said he is already working on his appeal to the 6th Circuit.

Stay with the Times Free Press for more on this developing story.

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