Well, it seems to me unlikely 0 as well. Coercion is one test for the establishment clause, but there is also broad agreement on the court, and there has been, that sectarian endorsements are prohibited by the establishment clause. What exactly since you are adopting the coercion test, what exactly is coercive in this environment . Having to sit and listen to the prayer . There are many coercive 19 aspects here of varying degrees of importance. Citizens are asked to participate, to join in the prayer. Theyre often asked to they are asked to participate, and but not in any tangible way. They say, well, im not going to participate, and everybodys just sitting there. They are often asked to physically participate, to stand or to bow their heads. The testimony is most of the citizens bow most of the citizens bow their heads whether they are asked to or not. So people who are not participating are immediately visible. The pastors typically say please join me in prayer. They offer the prayer
This examines whether there should be different roles from local Council Meetings were citizens come to ask for official action. This is about one hour. Well hear argument first this morning in case 12696, the town of greece v. Galloway. Mr. Hungar. Thank you, mr. Chief justice, and may it please the court the court of appeals correctly held that the legislative prayers at issue in this case were not offensive in the way identified as problematic in marsh, but the court then committed legal error by engrafting the endorsement test onto marsh as a new barrier to the practice of legislative prayer. Mr. Hungar, im wondering what you would think of the following suppose that as we began this session of the court, the chief justice had called a minister up to the front of the courtroom, facing the lawyers, maybe the parties, maybe the spectators. And the minister had asked everyone to stand and to bow their heads in prayer and the minister said the following he said, we acknowledge the savi
The government to proselytize or denigrate particular faiths, then its not constitutionally a problem and it is not permissible for the courts to regulate the content of the prayer. And theres no claim that the prayers of the town of greece violate those prohibitions, and therefore theyre constitutional. Whats wrong with giving clergy and ministers guidelines and guidance as to whats acceptable and unacceptable . It depends on what the guidelines are. If the guidelines are what the mavs want here, which is to say you can pray in these words to these deities but not in those words to those deities, that is government regulating the theological content of prayers prescribing what is orthodox and what is not in religion. And that is contrary to our tradition of religious liberty. When ministers ask the community to bow their heads or join them in prayer, is that not proselytizing . It is not. First of all, no one is required o do it. People are free not to do it. Similar things happen fro
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