Indiana Court Decision on Legislative Prayer Disappoints American Jewish Committee

NEW YORK, Oct. 30 /PRNewswire-USNewswire/ -- The American Jewish Committee is disappointed by the Seventh Circuit Court of Appeals decision to dismiss a taxpayer challenge to the constitutionality of the legislative prayer practice in Indiana's House of Representatives.

"Today's Seventh Circuit decision is extremely alarming because it denies taxpayers the right to challenge a legislative act that in practice gives preferential access to Christian clergy in determining who shall present a daily legislative prayer," said Jeffrey Sinensky, AJC's general counsel.

"The Seventh Circuit today has overextended the narrow decision of the U.S. Supreme Court in Hein," Sinensky said.

In its recent 5-4 decision in Hein v. Freedom From Religion Foundation, the Supreme Court rejected a lawsuit challenging the actions of the White House Office of Faith Based and Community Initiatives, ruling that the case falls outside the narrow exception established for taxpayer standing.

The Court of Appeals determined that in light of the ruling in Hein, the plaintiffs in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly lacked standing to sue as taxpayers.

AJC filed amicus briefs in both cases. In light of today's decision, AJC reasserts its belief that in order to give effect to the First Amendment protections, taxpayers must have the opportunity to challenge governmental action that violates the Establishment Clause.