Two non-Christian town residents — Susan Galloway (who is Jewish) and Linda Stephens (who is an atheist) — objected, arguing that this practice violated the First Amendment's Establishment Clause, which states, “Congress shall make no law respecting the establishment of religion.”
The Second U.S. Circuit Court of Appeals agreed, finding that the town’s practice of repeatedly inviting Christians to offer demonstrably Christian prayers amounted to an unconstitutional endorsement of Christianity. On Monday, the U.S. Supreme Court agreed to take up the case.
As Town of Greece v. Galloway made its way through the courts, the town, represented by the Arizona-based (and faith-based) nonprofit Alliance Defending Freedom, argued that the founders prayed in public, and members of the U.S. Congress continue to do so today. To side with Galloway and Stephens, therefore, is to determine that members of the House and Senate have been violating the constitution for over two centuries.
Ayesha Khan, legal director of Americans United for Separation of Church and State, which represents Galloway and Stephens in the lawsuit, said in a statement that “legislative bodies should focus on serving the community and stay out of the business of promoting religion.”
That is unlikely to happen, since there is, as Alliance Defending Freedom has argued, an “unambiguous and unbroken history” of prayer in government bodies in the United States. But there is an equally long history of ensuring that these prayers are, as Americans United has observed, “inclusive and non-sectarian.” And those in Greece were neither.