251 F. Supp. 3d 772
M.D. Penn.2017Background
- Pennsylvania House opens daily sessions with invocations delivered by members or guest chaplains; House Rule 17 requires a guest chaplain be “a member of a regularly established church or religious organization.”
- Plaintiffs are nontheists (atheists, agnostics, Humanists, freethinkers) and leaders of nontheist organizations who were denied guest chaplain opportunities because of the nontheistic nature of their beliefs.
- Plaintiffs sought to deliver uplifting, non-theistic invocations; the Speaker’s office denied requests and the House amended its rules to codify the requirement excluding nonbelievers.
- Two plaintiffs (Fields and Rhoades) attend House sessions and allege the Speaker directed visitors to stand for prayer and publicly singled them out when they remained seated, causing alleged coercion.
- Plaintiffs sued under 42 U.S.C. § 1983 claiming violations of the Establishment, Free Exercise, Free Speech, and Equal Protection Clauses; defendants moved to dismiss for lack of jurisdiction and on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing (Establishment Clause) | Exclusion from chaplain list and denial to deliver invocation is direct, particularized injury | Plaintiffs lack direct contact or cognizable harm; only some attended sessions | Court: Plaintiffs (individuals & organizations) have standing; exclusion is a concrete injury |
| Establishment Clause — discriminatory guest chaplain policy | House intentionally discriminates against nontheists by excluding them from guest chaplain program | Marsh and Town of Greece permit legislative prayer and discretion in selecting chaplains; exclusion is permissible | Court: Complaint plausibly alleges unconstitutional religious discrimination; claim survives Rule 12(b)(6) |
| Establishment Clause — coercion from directive to rise | Speaker’s public direction and singling out of attendees coerces participation | Town of Greece permits invocations; short, solemn prayers are traditional and noncoercive; setting matters | Court: Coercion claim by Fields and Rhoades is plausible under Town of Greece plurality; survives dismissal; other plaintiffs who did not attend dismissed as to coercion |
| Free Speech / Free Exercise / Equal Protection | Exclusion from government invocation forum denies speech, free exercise, and equal protection rights | Legislative prayer is government speech subject only to Establishment Clause, so these claims don't apply | Court: Legislative prayer is government speech and those claims are dismissed; only Establishment Clause claim proceeds |
Key Cases Cited
- Marsh v. Chambers, 463 U.S. 783 (1983) (upholding legislative chaplaincy based on history and tradition)
- County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573 (1989) (distinguishing permissible legislative prayer from unconstitutional sectarian government displays)
- Town of Greece v. Galloway, 572 U.S. 565 (2014) (permitting sectarian legislative prayer so long as policy is nondiscriminatory and prayers do not denigrate or proselytize; plurality on coercion analysis)
- Lee v. Weisman, 505 U.S. 577 (1992) (Establishment Clause coercion precedent)
- Pleasant Grove City v. Summum, 555 U.S. 460 (2009) (government-speech doctrine implications)