861 F. Supp. 2d 411
D. Del.2012Background
- Council opens meetings with Lord’s Prayer, led by Council President, allegedly Christian and sectarian.
- Plaintiffs attend meetings, are offended by recitation, and seek relief under Establishment Clause.
- Complaint asserts US and Delaware Constitution violations; standing and merits challenged by defendants.
- Procedural posture: complaint filed; motions to dismiss and for preliminary injunction; record supplemented; stay of discovery.
- Court adopts Marsh framework and analyzes whether prayer advances one faith and endorses Christianity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge practice | Plaintiffs have injury-in-fact from direct exposure | No prudential standing; no concrete injury | Plaintiffs have Article III and prudential standing |
| Establishment Clause under US Constitution | Prayer advances Christianity; government endorsement | Marsh permits nonsectarian or acceptable practice | Likely violation; distinctly Christian prayer unconstitutional |
| Delaware Constitution claim | Delaware art. I, §1 protects conscience and prohibits preference | Same analysis as US Clause; no unique Delaware issue | Claim survives under Delaware Constitution |
| Preliminary injunction standards | Irreparable harm and likelihood of success; public interest favors relief | Relief premature; harm to defendants | Grant of preliminary injunction warranted; stay of effect for 30 days |
Key Cases Cited
- Marsh v. Chambers, 463 U.S. 783 (U.S. 1983) (legislative prayer history; nonsectarian aspects matter but not dispositive)
- County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573 (U.S. 1989) (limits Marsh; cannot affiliate government with one faith)
- Joyner v. Forsyth County, 653 F.3d 341 (4th Cir. 2011) (invocations must be nonsectarian to include all faiths)
- Pelphrey v. Cobb County, 547 F.3d 1263 (11th Cir. 2008) (diversity of religious expressions supported no advancement of a single faith)
- Wynne v. Town of Great Falls, 376 F.3d 292 (4th Cir. 2004) (sectarian prayers unconstitutional when advancing Christianity)