Lancaster scores second victory in prayer case

Mayor R. Rex Parris said the city was overjoyed to once again be vindicated.

Mayor R. Rex Parris said the city was overjoyed to once again be vindicated.

LANCASTER –A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court ruling upholding the city of Lancaster’s prayer policy, city officials announced Tuesday. Read the full press release below:

The United States Court of Appeals for the Ninth Circuit has ruled in favor of the City of Lancaster in the case of Shelley Rubin and Maureen I. Feller v. City of Lancaster, a case in which U.S. District Judge Dale Fischer originally concluded in favor of the Defendant (the City of Lancaster) on July 11, 2011.

Unhappy with the outcome, the Plaintiffs appealed the decision and were determined to once again challenge the City’s Invocation Policy, as well as the reference to Jesus Christ in the invocation which opened the April 27, 2010 Lancaster City Council meeting.

A panel of three judges, including District Judge Jack Zouhary, as well as Circuit Judges Alfred T. Goodwin and Diarmuid F. O’Scannlain, affirmed the District Court’s bench trial judgment in favor of the City of Lancaster.  The judges found that the single reference to Jesus in the invocation by Bishop Henry Hearns did not violate the Establishment Clause, as it was not utilized as an attack or promotion of any one religion or government with a particular faith.

Furthermore, the plaintiffs’ contention regarding the Lancaster City Council having an unwritten Christian bias was rejected by the panel.  Neither the City record nor City prayer policy indicates a specific affiliation with Christianity, and the choosing of prayer content and denomination does not fall on the Council, but instead derives from local demographics as well as the voluntary participation of religious leaders.

“Sometimes lessons learned require more than one teaching,” said City of Lancaster Mayor R. Rex Parris.  “The City of Lancaster is overjoyed to once again be vindicated of these erroneous charges.  The act of group prayer is supposed to be a practice which draws people together into a state of humility and oneness, not of hostility and separatism.  This is why all denominations are welcome to participate and lead in our City Council Meeting invocations.”

During its August 25, 2009 regular meeting, the Lancaster City Council approved and adopted its Policy Regarding Invocations at Meetings of the City Council of the City of Lancaster. Pursuant to this Invocation Policy, the Lancaster City Clerk compiles and maintains a database of religious congregations with an established presence in the city. The City Clerk does not inquire into the faith, denomination, or other religious belief of a congregation included on the list, or that asks to be included on the list.

On November 10, 2009, the City Council further decided to submit to City voters a ballot measure (Measure “I”) which asked: “In response to a recent complaint, with respect to the invocations that contained reference to Jesus Christ, shall the City Council continue its invocation policy in randomly selecting local clergy of different faiths to deliver the invocation without restricting the content based on their beliefs, including references to Jesus Christ?”

During the April 13, 2010 general municipal election, Measure I passed by a more than 3-1 margin; with 9,765 votes in favor and 3,116 votes in opposition.

“The court made the right decision,” remarked Mayor Parris.  “The overwhelming will of the people of Lancaster was recognized by the court, along with the faith of all of us who believe in the power of prayer.”

(Information via press release from the city of Lancaster.)

  12 comments for “Lancaster scores second victory in prayer case

  1. PissedOffNative
    March 27, 2013 at 2:49 pm

    Everyone take time, lower our heads and pray TO GOD SOMEONE STOPS THIS [removed]! Yo mayor, want to try to keep your personal [removed] to yourself and trouble yourself with the issues that face this city every day! 25 years is all I could do, and I was born here! You have your voters on here PRAYING for you to lead them, but shouldn’t they (by now) be thanking God for having such a blessing bestowed upon them, achieving great personal heights never before reached by a local political official? NO, we have an invasion of privacy that (according to some, records all for possible FUTURE investigation of possible crimes, but Sheriff says otherwise) cannot even see people robbing my house! A Blvd worth its weight in nuclear waste! [removed]

  2. BH
    March 27, 2013 at 1:47 pm

    So basically the Rexfurher got all his cohorts at JonesTown over there on the eastside to actually get off their butts & vote? Pity they don’t vote on something constructive instead of this superstitious nonsense.

  3. Another QHR
    March 27, 2013 at 7:58 am

    May our Lord and Savior, Jesus Christ, continue to bless and guide our Mayor and leaders. Thank you for fighting the good fight Mr Mayor.

    • otis
      March 27, 2013 at 9:43 am

      These type of statements from zealots of their own person beliefs are exactly why public schools & public institutions should be completely neutral on religious issues, and why political leaders need to refrain from pushing religious agendas.

      This is a community and society that is inclusive of ALL faiths and beliefs, even beliefs that are contrary to, or different than, Christianity, regardless of the demographics. The City of Lancaster’s prayer policy is a slap in the face to everyone who is not a “true believer” in Christian mythology.

      Having “faith” doesn’t mean having facts. In fact, it suggests just the opposite.

  4. Joe Mama
    March 27, 2013 at 7:05 am

    This is all the [removed] Parris will be remembered for. He should spend more time trying to run the city rather than running around sueing everyone that opposes his views.This is the problem when you have a lawyer for a mayor.

    • Not Enthused
      March 30, 2013 at 10:17 am

      When all you’ve got is a hammer, the whole world is a nail….

  5. Michael Rives
    March 27, 2013 at 1:57 am

    We will see if the full panel of judges on the 9th Circuit agree with the 3 judges. If they do, I guess the next step is the Supreme Court. Can you imagine the infamy if Lancaster is only remembered for a Supreme Court decision on public prayer?

    • [removed]
      March 27, 2013 at 4:28 pm

      You just like to stick a wet finger in the wind to see which direction the wind is blowing, don’t you?

      So, which office are you planning on running for next?

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