842 F. Supp. 2d 927
W.D. Va.2012Background
- Plaintiff seeks a preliminary injunction to stop Pittsylvania County Board of Supervisors from routinely opening meetings with Christian prayers during litigation.
- Hearing occurred on December 9, 2011 after full briefing.
- Court applies four-factor Winter test and finds plaintiff likely to succeed on Establishment Clause claims.
- Court enjoins the Board from prayers invoking a specific deity associated with one faith during meetings pending case.
- Nonsectarian, nondenominational prayers may be used if reasonably possible and inclusive of other faiths, per Fourth Circuit guidance.
- Evidence shows 87.5% of recorded prayers from Aug 2010–Aug 2011 explicitly referenced Christian terms; plaintiff observes meetings since 2008.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff is likely to prove Establishment Clause violation. | Plaintiff claims ongoing Christian prayers endorse one faith. | Board contends prayers do not violate the Clause and are permissible. | Yes; plaintiff likely to succeed on the merits. |
| Whether irreparable harm stems from prayer practice. | Continued exposure to Christian prayers causes irreparable First Amendment harm. | Harm would be remedied by subsequent litigation; no irreparable harm shown. | Yes; irreparable harm shown. |
| Whether the balance of equities supports injunction. | Injury to plaintiff outweighs Board's administrative inconvenience. | Injunction would hinder Board operations. | Yes; equities favor plaintiff. |
| Whether the public interest supports protection of constitutional rights. | Upholding Establishment Clause rights serves the public interest. | Injunction undermines governance. | Yes; public interest favors injunction. |
Key Cases Cited
- County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573 (U.S. 1989) (establishment by government of religious endorsement violates the First Amendment)
- Marsh v. Chambers, 463 U.S. 783 (U.S. 1983) (legislative prayer doctrine; historical practice permissible if nonpreferential)
- Joyner v. Forsyth County, 653 F.3d 341 (4th Cir. 2011) (context of nonsectarian prayer; endorsing one faith violates Establishment Clause)
- Wynne v. Town of Great Falls, 376 F.3d 292 (4th Cir. 2004) (prohibition on invoking a single deity in board prayers; precedent for injunction)