A Federal Appeals Court Just Shot Down Government Prayer on Steroids in North Carolina
An America in which religious pluralism and inclusiveness is scorned in favor of exclusionary governmental practices that distance the people from their representative government is not ours and never has been.
In Rowan County, North Carolina, the county board of commissioners was intent on taking government prayer to a whole new level. Every board meeting opened with a prayer. But it wasn’t just government prayer. It was government prayer on steroids.
The prayers were delivered by commissioners themselves. No one else was allowed to give the prayer. Over the years, the prayers referred to only one faith — Christianity — and were proselytizing. Multiple prayers, for example, described Christianity as “the one and only way to salvation.†In others, commissioners apologized for the community’s sins and failure to follow Jesus Christ, suggested that Christianity is a superior faith, and expressed a desire for meeting attendees to accept Christ.
Before every prayer began, a commissioner instructed audience members to stand and directed those assembled to join in the prayer. When some residents objected to the prayers, several commissioners loudly recommitted to the practice. One even announced he would go to jail before ending the prayers while another declared that he was being persecuted.
In 2013, the ACLU and ACLU of North Carolina filed a lawsuit challenging the practice on behalf of three Rowan County residents. The district court agreed that the prayers violated the Establishment Clause of the First Amendment and enjoined them. Earlier this year, the case was heard by the entire U.S. Court of Appeals for the Fourth Circuit. Last week, the court affirmed the lower court’s injunction and held that that the county’s prayers were, indeed, unconstitutional. The overwhelming majority of judges on the Fourth Circuit — 10 out of 15 — sided with our clients.Â
As the court of appeals explained, the “great promise of the Establishment Clause is that religion will not operate as an instrument of division in our nation.â€
The ruling is an important development in the law governing the separation of church and state. It recognizes that there are still limitations on invocations, often called “legislative prayer,†delivered at meetings of legislatures, town and county councils, and other legislative bodies, despite the Supreme Court’s ruling three years ago in Town of Greece v. Galloway.Â
In Town of Greece, the Supreme Court upheld a town council’s practice of opening meetings with prayer led by a rotating cast of local clergy and others. Though the prayers there did invoke specific faiths — most often Christianity — the court recognized that the invocation opportunity was open to people of all faiths and had included non-Christian prayer-givers. However, the Supreme Court made clear in its Town of Greece decision that it was not creating an “anything goes†rule for legislative prayers.Â
The Fourth Circuit gave voice to those limitations last week, finding that Rowan County breached the constitutionally permissible tradition of legislative prayer because it “linked itself persistently and relentlessly to a single faith†and “elevated one religion above all others.†This practice is a far cry from the invocations upheld in Town of Greece.Â
First, “[i]nstead of embracing religious pluralism and the possibility of a correspondingly diverse invocation practice, Rowan County’s commissioners created a ‘closed-universe’ of prayer-givers dependent solely on election outcomes.â€Â
Second, “[h]aving structured the prayer opportunity so that Board members alone could give voice to their religious convictions, the commissioners unceasingly and exclusively invoked Christianity.†And these prayers routinely preached the Gospel to attendees, “proclaiming the spiritual and moral supremacy of Christianity, characterizing the political community as a Christian one, and urging adherents of other religions to embrace Christianity as the sole path to salvation.â€Â
Third, commissioners themselves directed those gathered to stand and pray.Â
And, finally, they did all this in the context of an intimate, official governmental meeting, where attendees — who would thereafter petition the board on a variety of matters — felt pressured to participate to avoid incurring the board’s ire or the disapproval of their community. In fact, when one woman voiced concerns about this prayer practice, she was booed and jeered by her fellow citizens, sending a message to others that they’d better conform to the board’s will.
Given this totality of circumstances, the Fourth Circuit correctly concluded that “[i]f the prayer practice here were to pass constitutional muster, we would be hard-pressed to identify any constitutional limitations on legislative prayer.â€
The decision was grounded in the religious-liberty principles that animated the First Amendment. As the court of appeals explained, the “great promise of the Establishment Clause is that religion will not operate as an instrument of division in our nation,†and “[i]t was in simple recognition of religious pluralism that the Founders adopted the Establishment Clause.†For that reason, the Constitution “does not permit a seat of government to wrap itself in a single faith.â€Â
Although the lead dissent, joined by five judges, “disparage[d] the majority for its belief in an ‘ecumenical utopia’ and its respect for the pluralistic nature of religious faith in our country,†the majority had another view: “If that be our sin, we shall gladly confess it. . . . In its eager acceptance of state-entwined religious orthodoxy, the lead dissent evokes an America that is not ours and never has been.â€
This admonition bears repeating: An America in which religious pluralism and inclusiveness is scorned in favor of exclusionary governmental practices that distance the people from their representative government is not ours and never has been. And, we will keep fighting to make sure it never will be.
This article originally appeared on the ACLU’s blog and is reprinted here by permission.
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Image by Steve Snodgrass via Flickr and a CC license
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Republican Governor Kristi Noem of South Dakota, a top potential Trump vice presidential running mate pick, revealed in a forthcoming book she “hated” her 14-month old puppy and shot it to death. Massive online outrage ensued, including accusations of “animal cruelty” and “cold-blooded murder,” but the pro-life former member of Congress is defending her actions and bragging she had the media “gasping.”
“Cricket was a wirehair pointer, about 14 months old,” Noem writes in her soon-to-be released book, according to The Guardian which reports “the dog, a female, had an ‘aggressive personality’ and needed to be trained to be used for hunting pheasant.”
“By taking Cricket on a pheasant hunt with older dogs, Noem says, she hoped to calm the young dog down and begin to teach her how to behave. Unfortunately, Cricket ruined the hunt, going ‘out of her mind with excitement, chasing all those birds and having the time of her life’.”
“Then, on the way home after the hunt, as Noem stopped to talk to a local family, Cricket escaped Noem’s truck and attacked the family’s chickens, ‘grabb[ing] one chicken at a time, crunching it to death with one bite, then dropping it to attack another’.”
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“Cricket the untrainable dog, Noem writes, behaved like ‘a trained assassin’.”
Except Cricket wasn’t trained. Online several people with experience training dogs have said Noem did everything wrong.
“I hated that dog,” Noem wrote, calling the young girl pup “untrainable,” “dangerous to anyone she came in contact with,” and “less than worthless … as a hunting dog.”
“At that moment,” Noem wrote, “I realized I had to put her down.”
“It was not a pleasant job,” she added, “but it had to be done. And after it was over, I realized another unpleasant job needed to be done.”
The Guardian reports Noem went on that day to slaughter a goat that “smelled ‘disgusting, musky, rancid’ and ‘loved to chase’ Noem’s children, knocking them down and ruining their clothes.”
She dragged both animals separately into a gravel pit and shot them one at a time. The puppy died after one shell, but the goat took two.
On social media Noem expressed no regret, no sadness, no empathy for the animals others say did not need to die, and certainly did not need to die so cruelly.
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But she did use the opportunity to promote her book.
We love animals, but tough decisions like this happen all the time on a farm. Sadly, we just had to put down 3 horses a few weeks ago that had been in our family for 25 years.
If you want more real, honest, and politically INcorrect stories that’ll have the media gasping,… pic.twitter.com/bKhpUkchHV
— Kristi Noem (@KristiNoem) April 26, 2024
Attorney and legal analyst Jeffrey Evan Gold says Governor Noem’s actions might have violated state law.
“You slaughtered a 14-month-old puppy because it wasn’t good at the ‘job’ you chose for it?” he asked. “SD § 40-1-2.3. ‘No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal.'”
The Democratic National Committee released a statement saying, “Kristi Noem’s extreme record goes beyond bizarre rants about killing her pets – she also previously said a 10-year-old rape victim should be forced to carry out her pregnancy, does not support exceptions for rape or incest, and has threatened to throw pharmacists in jail for providing medication abortions.”
Former Trump White House Director of Strategic Communications Alyssa Farah Griffin, now a co-host on “The View” wrote, “There are countless organizations that re-home dogs from owners who are incapable of properly training and caring for them.”
The Lincoln Project’s Rick Wilson blasted the South Dakota governor.
“Kristi Noem is trash,” he began. “Decades with hunting- and bird-dogs, and the number I’ve killed because they were chicken-sharp or had too much prey drive is ZERO. Puppies need slow exposure to birds, and bird-scent.”
“She killed a puppy because she was lazy at training bird dogs, not because it was a bad dog,” he added. “Not every dog is for the field, but 99.9% of them are trainable or re-homeable. We have one now who was never going in the field, but I didn’t kill her. She’s sleeping on the couch. You down old dogs, hurt dogs, and sick dogs humanely, not by shooting them and tossing them in a gravel pit. Unsporting and deliberately cruel…but she wrote this to prove the cruelty is the point.”
Melissa Jo Peltier, a writer and producer of the “Dog Whisperer with Cesar Millan” series, also heaped strong criticism on Noem.
“After 10+ years working with Cesar Millan & other highly specialized trainers, I believe NO dog should be put down just because they can’t or won’t do what we decide WE want them to,” Peltier said in a lengthy statement. “Dogs MUST be who they are. Sadly, that’s often who WE teach them to be. And our species is a hot mess. I would have happily taken Kristi Noem’s puppy & rehomed it. What she did is animal cruelty & cold blooded murder in my book.”
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President Joe Biden gave an nearly-unannounced, last-minute, live exclusive interview Friday morning to Howard Stern, the SiriusXM radio host who for decades, from the mid-1990s to about 2015, was a top Trump friend, fan, and aficionado. But the impetus behind the President’s move appears to be a rare and unsigned statement from the The New York Times Company, defending the “paper of record” after months of anger from the public over what some say is its biased negative coverage of the Biden presidency and, especially, a Thursday report by Politico claiming Times Publisher A.G. Sulzberger is furious the President has refused to give the “Grey Lady” an in-person interview.
“The Times’ desire for a sit-down interview with Biden by the newspaper’s White House team is no secret around the West Wing or within the D.C. bureau,” Politico reported. “Getting the president on the record with the paper of record is a top priority for publisher A.G. Sulzberger. So much so that last May, when Vice President Kamala Harris arrived at the newspaper’s midtown headquarters for an off-the-record meeting with around 40 Times journalists, Sulzberger devoted several minutes to asking her why Biden was still refusing to grant the paper — or any major newspaper — an interview.”
“In Sulzberger’s view,” Politico explained, “only an interview with a paper like the Times can verify that the 81-year-old Biden is still fit to hold the presidency.”
But it was this statement that made Politico’s scoop go viral.
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“’All these Biden people think that the problem is Peter Baker or whatever reporter they’re mad at that day,’ one Times journalist said. ‘It’s A.G. He’s the one who is pissed [that] Biden hasn’t done any interviews and quietly encourages all the tough reporting on his age.'”
Popular Information founder Judd Legum in March documented The New York Times’ (and other top papers’) obsession with Biden’s age after the Hur Report.
1. The media turned Robert Hur’s amateur assessment of Biden’s memory into a political crisis.
Collectively, the @washingtonpost, @nytimes, and @WSJ have run 66 articles quoting Hur: a “well-meaning, elderly man with a poor memory”
But when the transcript of the Biden interview… pic.twitter.com/cExzjuKeYz
— Judd Legum (@JuddLegum) March 14, 2024
Thursday evening the Times put out a “scorching” statement, as Politico later reported, not on the newspaper’s website but on the company’s corporate website, not addressing the Politico piece directly but calling it “troubling” that President Biden “has so actively and effectively avoided questions from independent journalists during his term.”
Media watchers and critics pushed back on the Times’ statement.
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“NYT issues an unprecedented statement slamming Biden for ‘actively and effectively avoid[ing] questions from independent journalists during his term’ and claiming it’s their ‘independence’ that Biden dislikes, when it’s actually that they’re dying to trip him up,” wrote media critic Dan Froomkin, editor of Press Watch.
Froomkin also pointed to a 2017 report from Poynter, a top journalism site published by The Poynter Institute, that pointed out the poor job the Times did of interviewing then-President Trump.
Incidentally, when the NYT got a chance to interview Trump, they went belly up. https://t.co/fW5kx5868d pic.twitter.com/LbrhfYMtqf
— Dan Froomkin (PressWatchers.org) (@froomkin) April 25, 2024
Others, including former Biden Deputy Secretary of State Brian McKeon, debunked the Times’ claim President Biden hasn’t given interviews to independent journalists by pointing to Biden’s interviews with CBS News’ “60 Minutes” and a 20-minute sit-down interview with veteran journalist John Harwood for ProPublica.
Former Chicago Sun-Times editor Mark Jacob, now a media critic who publishes Stop the Presses, offered a more colorful take of Biden’s decision to go on Howard Stern.
This is the equivalent of putting a bag of dog poop on the New York Times’ doorstep and setting it on fire. https://t.co/RhGbHH9pU2
— Mark Jacob (@MarkJacob16) April 26, 2024
The Times itself just last month reported on a “wide-ranging interview” President Biden gave to The New Yorker.
Watch the video and read the social media posts above or at this link.
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Donald Trump’s Friday morning claim Manhattan’s Criminal Courts Building is “heavily guarded” so his supporters cannot attend his trial was torched by a top CNN anchor. The ex-president, facing 34 felony charges in New York, had been urging his followers to show up and protest on the courthouse steps, but few have.
“I’m at the heavily guarded Courthouse. Security is that of Fort Knox, all so that MAGA will not be able to attend this trial, presided over by a highly conflicted pawn of the Democrat Party. It is a sight to behold! Getting ready to do my Courthouse presser. Two minutes!” Trump wrote Friday morning on his Truth Social account.
CNN’s Kaitlan Collins supplied a different view.
“Again, the courthouse is open the public. The park outside, where a handful of his supporters have gathered on trials days, is easily accessible,” she wrote minutes after his post.
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Trump has tried to rile up his followers to come out and make a strong showing.
On Monday Trump urged his supporters to “rally behind MAGA” and “go out and peacefully protest” at courthouses across the country, while complaining that “people who truly LOVE our Country, and want to MAKE AMERICA GREAT AGAIN, are not allowed to ‘Peacefully Protest,’ and are rudely and systematically shut down and ushered off to far away ‘holding areas,’ essentially denying them their Constitutional Rights.”
On Wednesday Trump claimed, “The Courthouse area in Lower Manhattan is in a COMPLETE LOCKDOWN mode, not for reasons of safety, but because they don’t want any of the thousands of MAGA supporters to be present. If they did the same thing at Columbia, and other locations, there would be no problem with the protesters!”
After detailing several of his false claims about security measures prohibiting his followers from being able to show their support and protest, CNN published a fact-check on Wednesday:
“Trump’s claims are all false. The police have not turned away ‘thousands of people’ from the courthouse during his trial; only a handful of Trump supporters have shown up to demonstrate near the building,” CNN reported.
“And while there are various security measures in place in the area, including some street closures enforced by police officers and barricades, it’s not true that ‘for blocks you can’t get near this courthouse.’ In reality, the designated protest zone for the trial is at a park directly across the street from the courthouse – and, in addition, people are permitted to drive right up to the front of the courthouse and walk into the building, which remains open to the public. If people show up early enough in the morning, they can even get into the trial courtroom itself or the overflow room that shows near-live video of the proceedings.”
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Noem Defends Shooting Her 14-Month Old Puppy to Death, Brags She Has Media ‘Gasping’
President Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off
CNN Smacks Down Trump Rant Courthouse So ‘Heavily Guarded’ MAGA Cannot Attend His Trial
‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’
Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’
OPINION2 days agoPresident Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off
OPINION2 days agoNoem Defends Shooting Her 14-Month Old Puppy to Death, Brags She Has Media ‘Gasping’
News3 days agoCNN Smacks Down Trump Rant Courthouse So ‘Heavily Guarded’ MAGA Cannot Attend His Trial