Tx. Governor's Promotion of Prayer Rally Under Legal Fire on Multiple Fronts

As reported in the Houston Chronicle, the ACLU of Texas is seeking information about whether public funds will be spent on the August 6 Reliant Stadium prayer rally being promoted by Texas Governor Rick Perry. To determine "the degree to which state resources have been or will be used for the planning and promotion of this event and for state officials’ participation in it," the ACLU has filed open records requests with Gov. Perry, the Harris County sheriff, auditor, fire marshal, and from the City of Houston.

Last week the Freedom from Religion Foundation filed suit to end Perry’s involvement in the event. The FRFF complaint charges that Governor Perry’s call for participation in the rally violates the Establishment Clause by “giving the appearance that the government prefers evangelical Christian religious beliefs over other religious beliefs and non-beliefs, including by aligning and partnering with the American Family Association, a virulent, discriminatory and evangelical Christian organization known for its intolerance.”  Individual FRFF members named as plaintiffs in the complaint offer the following description of how they have been and will by Governor Perry’s involvement with the event:  

The individual plaintiffs are non-believers who support the free exercise of religion, but who strongly oppose the governmental establishment and endorsement of religion, including prayer and fasting, which are not only an ineffectual use of time and government resources, but which can be harmful or counterproductive as a substitute for reasoned action.

The individual plaintiffs have each been exposed to promotions of the Christian prayer rally to be held on August 6, 2011, initiated and advocated by Governor Perry, including through wide and extensive media coverage; as non-believers, the individual plaintiffs are excluded from intended attendance at the Governor's event.

The FRFF press release announcing the suit specified the relief sought:    

The federal lawsuit seeks to declare Perry’s participation in the prayer rally and his proclamation unconstitutional, to enjoin his further involvement, and to order corrective action. FFRF seeks to stop further publication of the proclamation, to declare the use of the official state seal of Texas unconstitutional, to order the governor to withdraw permission for the AFA to use his written and videotaped promotions (“Gov. Perry’s Invitation Video”) and radio recordings at their website, to remove links from the governor’s website, as well as enjoining Perry from issuing and disseminating further Day of Prayer proclamations or designations.

 JFB