Church and state

The Indiana Civil Liberties Union, on behalf of a retired Methodist minister, a lobbyist for a statewide Quaker group and two Roman Catholic citizens, has filed suit asking that the speaker of the Indiana House of Representatives, Republican Brian Bosma, be blocked from the practice of opening House sessions with sectarian and proselytizing prayers.

Speaker of the House of Representatives Brian Bosma: "The day the Indiana Civil Liberties Union dictates free speech on the floor of the Indiana House is the day that democracy begins to decline."

“The suit does not seek to prevent opening the House session with prayers, but asks that the prayers be offered in a non-sectarian manner consistent with respect for the beliefs of all Indiana residents and the constitutional guarantee of religious freedom for all,” said ICLU Legal Director Kenneth J. Falk. “Our lawmakers represent every Indiana citizen, so it is myopic to not see that this type of prayer will exclude and alienate some Hoosiers.”

On dozens of occasions during the 2005 session of the Indiana General Assembly, visiting ministers or legislators themselves offered prayers with a heavy Christian emphasis, invoking “Jesus our savior,” “in Jesus’ name we pray,” “in your Son’s holy name,” “the lord of lords, your son Jesus Christ,” etc.

On April 5, 2005, after an invocation that included the statement, “I thank you Jesus for dying for me,” the speaker of the House announced that the minister “is going to bless us with a song.” The minister proceeded to sing “Just A Little Talk With Jesus” and legislators and onlookers were prompted to stand, clap and sing along. During the hymn, several House members walked out of the chamber in protest, and at least one lobbyist attempted to leave the gallery area but was barred from doing so by a House employee.

Following the April 5 prayer and hymn, Indiana University School of Law-Indianapolis professor Mary Harter Mitchell wrote to the speaker of the House noting the unconstitutionality of the practice. Roman Catholic activist Lynette Herold, one of the plaintiffs in this case, sent her objections to the speaker via e-mail. Neither message received a reply.

In addition to Herold, the plaintiffs in the case of Hinrichs et al. v. Speaker of the House are Anthony Hinrichs, a registered lobbyist for the Indiana Friends Committee on Legislation and a Quaker; the Rev. Henry Gerner, an ordained minister and retired member of the South Indiana Conference of the United Methodist Church; and Fran Quigley, a Roman Catholic and the executive director of the ICLU. All of the plaintiffs object to the exclusionary nature of the prayers and fear that the practice will discourage diversity within the state of Indiana.

Dr. Clark Williamson, Indiana professor of Christian thought, emeritus, Christian Theological Seminary, is one of several local Christian theologians who criticize the Indiana House practice. “Ever since the first Baptist was imprisoned for contravening the dictates of the then-established church in Massachusetts, Christians in America have understood the importance of letting the state be the state and the church be the church,” Williamson says.

“That the Indiana House of Representatives allows sectarian prayers and hymn-sings in its sessions turns the state of Indiana into a theologian, something it is ill-equipped to be.”

Dr. Edgar Towne, a Presbyterian minister and professor emeritus of theology at Christian Theological Seminary, agrees. “Christians ought to be courteous enough to respect other people’s faiths, especially since the Doctrine of the Trinity completely authorizes non-sectarian prayer,” Towne says.

Hinrichs explains that historic precedent has led to the concerns inspiring him to file suit. “During previous periods of our history, brands of Christianity also held strong sway in the halls of the Statehouse,” he says.

“In the 1920s, it represented a potent blend of anti-Semitism, anti-Catholicism and racism, in a time when Christians wore hoods to hide their shame. In the 1950s and ’60s, our state’s Christian legislators resisted integration and civil rights.

“In hindsight, those periods embodied some of the ugliest stains on our religious landscape, yet in their day had broad public support as majority opinion,” Hinrichs says. “Things change slowly, yet dramatically, while good people either aren’t paying attention or are too satisfied or intimidated to raise their voices. As a Quaker, I believe it is my moral duty to take a stand upholding religious liberty and inclusiveness to all.”

Speaker of the House Bosma vowed to fight the removal of references to Jesus from the prayers. “The day the Indiana Civil Liberties Union dictates free speech on the floor of the Indiana House is the day that democracy begins to decline,” Bosma told reporters.

The suit is filed in United States District Court for the Southern District of Indiana, and asks for a finding that the First Amendment is violated by the practice and for an injunction preventing the speaker of the House from permitting sectarian prayer to be sponsored by and delivered at the Indiana House of Representatives.