Galloway v. Town of Greece
681 F.3d 20
2d Cir.2012Background
- Town of Greece opened each Town Board meeting with a prayer from local clergy since 1999; no formal prayer policy existed before 2010; prayers were overwhelmingly Christian in content; plaintiffs alleged the practice affiliated the town with Christianity and was sectarian; district court granted summary judgment for defendants and plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the town's prayer practice endorsed Christianity | Galloway and Stephens contend the practice affiliated with Christianity. | Town argues practice was nonsectarian and neutral overall. | Yes; practice conveyed affiliation with Christianity. |
| Whether the prayer-giver selection process was neutral among creeds | Process biased toward Christian volunteers from town area. | Process was random and open to all volunteers. | No; practically biased toward Christian viewpoints. |
| Whether the content of prayers violated Establishment Clause when examined in totality | Denominational language and Christ-centered prayers violate the clause. | Marsh allows some sectarian content if overall context complies. | Yes; totality showed establishment of religion. |
Key Cases Cited
- Marsh v. Chambers, 463 U.S. 783 (U.S. 1983) (legislative prayer does not automatically violate Establishment Clause (historical analysis))
- Allegheny County v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573 (U.S. 1989) (prayers cannot affiliate government with a single faith; context matters)
- Lee v. Weisman, 505 U.S. 577 (U.S. 1992) (school praying context differs; can’t require nonsectarian prayers to avoid establishment)