Judge Dismisses Atheists’ Suit Against Texas Governor’s Prayer Rally

As reported in the Houston Chronicle and the New York Times, U.S. District Judge Gray H. Miller has ruled that the Freedom from Religion Foundation and its member plaintiffs failed to demonstrate the “particularized concrete injury”  required to have standing to challenge Texas Gov. Perry’s promotion of and future participation in “The Response” prayer rally. The judge concluded that citizens’ participation in the event will be voluntary and those objecting to the event are not foreclosed from expressing their views by not attending, not engaging in prayer, voicing their opinions, and voting. FFRF has announced that it plans to appeal the ruling to the Fifth Circuit.  In April, the Seventh Circuit rejected FFRF's challenge to the President's issuance of a proclamation of a National Day of Prayer, also finding that insufficient injury to establish standing.  

JFB