327 F. Supp. 3d 748
M.D. Penn.2018Background
- Pennsylvania House opens sessions with invocations delivered by members or guest chaplains; Speaker's office selects guest chaplains and provides honors and publicity.
- House Rule 17 was interpreted to permit only persons who appeal to a divine or higher power (theistic believers or members of religious organizations) to serve as guest chaplains; nontheists were categorically excluded.
- Individual plaintiffs (nontheists, some ordained in nontheist traditions, and nontheist organizations) requested opportunities to deliver nontheistic invocations and were denied; denials cited House Rule 17 and the requirement to appeal to a higher power.
- Plaintiffs sued under the Establishment, Free Exercise, and Free Speech Clauses and Equal Protection; only the Establishment Clause claims regarding the guest-chaplain policy and invocation practices proceeded to summary judgment.
- The court found the guest-chaplain policy facially violates the Establishment Clause because it intentionally discriminates against nontheists; it also held that the pre-2017 practice (where Sergeants at Arms enforced standing for prayer) was coercive and unconstitutional, while the current practice (a neutral request to "rise as able") is not coercive.
- Court granted declaratory and permanent injunctive relief preventing enforcement of the discriminatory guest-chaplain policy and barring reinstatement of the pre-2017 coercive standing practice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether House guest-chaplain policy that excludes nontheists violates the Establishment Clause | Policy intentionally excludes nontheists and thus discriminates on basis of religion; Town of Greece's nondiscrimination guidance forbids such exclusion | Policy fits within legislative-prayer tradition; allows multiple theistic faiths, so does not favor one religion and is permissible | Court: Policy is facially unconstitutional — intentional religious discrimination violates Establishment Clause; summary judgment for plaintiffs |
| Whether nontheistic invocations can satisfy purposes of legislative prayer | Nontheistic invocations can solemnize, unify, and accommodate legislators' needs; plaintiffs include ordained nontheist clergy | Invocations must appeal to a higher/divine power; nontheists cannot meet Rule 17 definition or objectives of prayer | Court: Nontheistic invocations can fulfill legislative-prayer purposes; House's narrow definition is unconstitutional when used to exclude nontheists |
| Whether selection process must actively seek religious diversity under Town of Greece | Town of Greece forbids intentional exclusion; selection need not seek out diversity but cannot have an exclusionary policy | Town of Greece allows predominance of one faith if selection process is nondiscriminatory; historical prevalence of theistic prayers supports policy | Court: Town of Greece requires nondiscrimination; history of theistic prayer doesn't justify deliberate categorical exclusion of nontheists |
| Whether House invocation practices coerced participation in violation of Establishment Clause | Pre-2017 practice (directive to stand plus Sergeants at Arms enforcement and signage) coerced visitors; challenge not moot | Current practice ("please rise as able") is noncoercive and constitutionally permissible | Court: Pre-2017 practice was unconstitutionally coercive; current practice is not coercive; plaintiffs awarded summary judgment for pre-2017 practice and defendants for current practice |
Key Cases Cited
- Marsh v. Chambers, 463 U.S. 783 (upheld legislative chaplaincy based on historical practice)
- Town of Greece v. Galloway, 134 S. Ct. 1811 (2014) (permitted sectarian legislative prayer but emphasized nondiscrimination and warned against coercion)
- County of Allegheny v. ACLU, 492 U.S. 573 (1989) (distinguished sectarian legislative prayer from impermissible religious endorsement by government displays)
- Pelphrey v. Cobb County, 547 F.3d 1263 (11th Cir. 2008) (held categorical exclusion of certain faiths from invocation programs unconstitutional)
- Williamson v. Brevard County, 276 F. Supp. 3d 1260 (M.D. Fla. 2017) (found county policy excluding nontheists from invocation program violated Establishment Clause)
- Barker v. Conroy, 282 F. Supp. 3d 346 (D.D.C. 2017) (district court decision addressing House guest-chaplain denial; court found no Establishment Clause violation in that posture)
- Lynch v. Donnelly, 465 U.S. 668 (1984) (O'Connor concurrence describing secular purposes of certain public religious references)
- Engel v. Vitale, 370 U.S. 421 (1962) (prohibited government-composed official school prayer)
- eBay Inc. v. MercExchange, 547 U.S. 388 (2006) (standards for permanent injunction)
- Friends of the Earth, Inc. v. Laidlaw, 528 U.S. 167 (2000) (voluntary cessation and mootness principles)