Landmark case of prayer at city council set for U.S. Supreme Court

Landmark case of prayer at city council set for U.S. Supreme Court

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GREECE, N.Y. — The U.S. Supreme Court will hear arguments next week in the case of a small town opening city council meetings with prayer. Experts say it could be a landmark decision.

The Town Board in Greece, near Rochester, N.Y., has allowed residents of any faith to open its monthly board meeting with prayer since 1999. No volunteer has been denied the opportunity. Although prayers have been offered by people of various faiths, most have identified themselves as Christians, according to a court brief filed in the case.

Two town residents filed a lawsuit against the town board over the prayer issue in 2008. A district court upheld the prayers but that decision was appealed.

In 2011 the Second Circuit Court of Appeals in New York ruled that the town had violated the U.S. Constitution by allowing board meetings to open with prayer. The town then appealed to the U.S. Supreme Court.

University of Utah law professor Wayne McCormack said Utah's highest court has already seen a case like Galloway and decided prayer is OK if it's neutral and open to all.

"The point of all of this is if you were promoting religion, even if you were trying to be inclusive, you're still promoting religion. I think that's why they took this case," he said.

McCormack's tentative prediction is that the court will rule narrowly for the city to hold prayer.

Other experts are divided on how the court will rule and expect Justice Anthony Kennedy to be the swing vote. The issue will be argued before the court on Nov. 6.

Contributing: Dennis Romboy and Linda Williams

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Logan Daniels

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