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Judge Beaty's doing something; just not with the lax cases...
Topic Started: Jul 31 2013, 10:48 PM (147 Views)
Quasimodo

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http://www.courthousenews.com/2013/07/24/59650.htm

Judge Halts Prayers 'in Jesus' Name' at Meetings
By ANNIE YOUDERIAN

(CN) - A federal judge in North Carolina blocked Rowan County commissioners from opening board meetings by praying "in Jesus' name."

U.S. District Judge James Beaty in Winston-Salem said the sectarian prayers, because they embrace a specific religion, likely violate the First Amendment's religious liberty guarantee.

Three Rowan County residents had sued the county in March, claiming the Christian prayers offended them and made them feel "excluded from the community." They said they felt pressured to participate while attending board meetings, although none is a Christian.

They successfully persuaded Beaty to issue a preliminary injunction Tuesday barring the county from continuing its practice of allowing sectarian prayers at county commissioner board meetings.

"Plaintiffs have provided evidence that 97% of the board meetings since November 5, 2007, have included a sectarian prayer invoking the Christian faith, that no prayer has invoked a deity specific to any faith other than Christianity, and that commissioners have expressed their intent to continue delivering prayers in Jesus' name at the start of the board meetings," Beaty wrote.

"Furthermore, Plaintiffs have shown that they intend to continue attending Board meetings in the future, but that they are offended by the sectarian prayers delivered therein and feel excluded from the community and the political process as a result of such prayers."

He said the plaintiffs "likely will suffer irreparable harm each time they attend a board meeting" absent an injunction.

In the same 28-page order, Beaty rejected the county's motion to dismiss, saying Rowan County's prayer practices "are at least comparable to, and arguably more egregious than, other legislative prayer practices struck down" by other courts.

The county had also asked Beaty to stay proceedings in the case until the U.S. Supreme Court hands down its decision in Galloway v. Town of Greece, N.Y.

In that case, the 2nd Circuit reinstated similar claims against officials in Greece, N.Y., who also opened their meetings in Christian prayer. The three-judge panel in New York concluded that "an objective, reasonable person would believe that the town's prayer practice had the effect of affiliating the town with Christianity."

Rowan County said Beaty should stay the present case, because the parties would likely need to "revisit the issue" in light of what the justices rule in Galloway.

But the judge declined to speculate how the Supreme Court would rule.

"[T]he applicable law, as it stands today, prohibits the type of sectarian legislative prayer at issue in Galloway and alleged in this case," Beaty concluded.

Chris Brook, legal director of the ACLU of North Carolina Legal Foundation, which represented plaintiffs Nancy Lund, Liesa Montag-Siegel and Robert Voelker, applauded Tuesday's decision.

"We are very pleased that the court reaffirmed one of the most basic principles of religious liberty -- that all members of the community should be treated and welcomed equally by their government, regardless of their personal religious beliefs," Brook said in a statement.
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Quasimodo

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http://www.dailyadvance.com/opinion/letters/letter-fed-judge-inconsistent-rowan-prayer-ruling-2123487

Letter: Fed judge inconsistent in Rowan prayer ruling

By R.E. Bumgardner
Tuesday, July 30, 2013

It’s funny, well, not funny really, just odd, how two different people can read the same thing and get opposite meanings from what they read.

A federal judge, James A. Beaty Jr., has ruled in a lawsuit brought by three Rowan County residents, that the Rowan County commissioners cannot open their meetings with a prayer that is specific to one religion even if all members of that commission are of the same religion. But by the way, the Congress of the United States has for hundreds of years opened its meeting with a prayer specific to one religion. I wonder, does Judge Beaty know that?

Being on the federal bench, the judge surely took an oath to protect and defend the Constitution of the United States. This judge must surely have misunderstood and thought he was swearing to offend rather than to defend. The Constitution says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Surely to prohibit someone, anyone, from the free exercise of their own religion is what is meant by that part of the Constitution. If Congress is bound by that provision a federal judge surely is bound by it.

I suppose the next thing we’ll hear about is that federal monitors are sitting in all our Christian churches making sure that such “illegal” prayers cease. Hail to the anarchists in black robes!

R.E. BUMGARDNER
Elizabeth City

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Quasimodo

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http://www.salisburypost.com/article/20130723/SP01/130729885/

Pierce: Commissioners expected injunction in prayer suit

Posted: Tuesday, July 23, 2013 9:44 p.m.

(snip)


Rowan County Commissioners Vice Chairman Craig Pierce said the injunction didn’t come as a surprise.

“We anticipated this from the outset,” Pierce said. “That’s why we put forth our resolution about two months ago that would enable us to continue praying. This is just one more step we knew we’d have to take.”

The resolution, which Pierce said was prompted by the county’s attorneys, allows a local chaplain chosen by commissioners to provide an invocation. Commissioners passed it in April.

Pierce said he had not read the court’s decision Tuesday evening, but said the resolution should allow for continued prayer.

“I’m assuming what we had in our resolution a couple months ago covers anything that we’d need to have to do so we can continue to having prayers.”

The chaplain chosen for the upcoming commissioners’ meeting is the Rev. Michael Taylor, who volunteers as a chaplain for the Rowan County Sheriff’s Office.

(snip)



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Quasimodo

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http://www.conservativesoftheupstate.com/

FRIDAY, JULY 26, 2013
Just Don't Pray To Jesus ...

A federal judge ordered Rowan County, North Carolina to end their tradition of opening government meetings with a prayer … well, at least a prayer to Jesus.

Judge James A. Beaty Jr. issued a preliminary injunction on Tuesday July 23, 2013.

"Opening government meetings with prayers that are specific to only one religion not only alienates people of different beliefs but also clearly violates the Constitution's protection of religious liberty," according to a representative from The American Civil Liberties Union (ACLU).

Part of the ruling reads:
“Defendant Rowan County, North Carolina is hereby enjoined from knowingly and/or intentionally delivering or allowing to be delivered sectarian prayers at meetings of the Rowan County Board of Commissioners during the pendency of this suit,”

In March of 2013, the American Civil Liberties Union, along with a state chapter of the ACLU, filed a lawsuit on behalf of three Rowan County residents demanding that the board of commissioners stop its practice of opening government meetings with prayers that were specific to one religion.

The organization accused the board of "violating the First Amendment provision ordaining the separation of church and state" (something that isn't actually in the 1st amendment).



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