Judge Denies Bid to Block Inaugural Christian Prayer

[Bluebear]

WASHINGTON - An atheist who tried to remove "under God" from the Pledge of Allegiance lost a bid Friday to bar the saying of a Christian prayer at President Bush's inauguration.

U.S. District Judge John Bates said Michael Newdow's claim should be denied because he already had filed and lost a similar lawsuit at a federal appeals court in California last year.

Bates also said Newdow had no legal standing to pursue his claim. Even if Newdow could show he had suffered injury because he was offended in hearing the prayer, Bates said the court did not have authority to stop the president from inviting clergy to give a religious prayer at the ceremony.

"The court's grave concerns about its power to issue an injunction against the president, which is the only method of redressing Newdow's alleged injuries, places in peril Newdow's standing to bring this action," Bates wrote in his 50-page opinion.

http://news.yahoo.com/news?tmpl=story&u=/ap/20050114/ap_on_go_pr_wh/inauguration_prayer

[Walt Starr]

1. GOOD!!!

NEwdow was prancing for the cameras, nothing else.

His case had no merit whatsoever.

[Ian David]

3. Yeah, his 15 minutes are just about up

Still, it would have been tremendous fun to watch him win.

[LoZoccolo]

5. You know, Walt's going to find out who you are.

And this is going to be the last time you steal his password. He'll change it every week if that's what he has to do to keep you guessing. Your days are numbered!

[Walt Starr]

11. you should know me well enoough by now

I calls 'em as I sees 'em.

This case had no merit. The audience is not forced (unlike school prayers). The inaugural procedures are accomodating George W. Bush, not me, you, Newdow, or anybody else, ergo it's his inauguration, nobody else's.

Under the free exercise clause, the government cannot put undue restraints upon the free exercise of religion by governmental employees. This is why in the military, chaplains must be provided at taxpayer expense as a societal regime is established by the necessities of military operations.

The same sort of argument applies in this case. Newdow's arguments are tanamount to complaining about presidents receiving secret service protection while they are in church.

[Bono71]

17. Agree 100% n/t

[shleonny]

18. chaplains are wrong too

the government should not be in the service of religious institutions

[Bono71]

21. I agree with the point that a short prayer at this type of

ceremony does not "establish" a religion...it's not like the government or the administration is passing a law that states we all have to worship Jayzus or some dern thing...like Saudi Arabia...

[shleonny]

27. it's a tax payer funded religous exercies

it is establishment, stop trying to deny it

[LwOrder4]

22. well put

I totally agree

[Ian David]

2. That was quick

What was it... like 8 hours?

[dustoff034]

4. As I said elsewhere - Newdow is a tinfoil hat wearing dumbass!

[unblock]

6. it was a silly case

there are far stronger similar cases, such as for removing "in god we trust" from our money or for banning morning prayer from the start of each congressional day. not that any such case would go anywhere either.

since the inauguration is mostly paid for out of private funds, there's far less demonstrable injury, nor is it a clear-cut governmental wrong.

in theory, yes, citizens should be allowed to witness the inauguration without being subjected to any state-sponsored religious speech, but, then, there's no constitutional provision requiring a public inauguration anyway.

[Bluebear]

7. Actually I would disagree about the "mostly private funds"

Such as Bush forcing DC to foot 17 million bucks from their Homeland security funds, funds which were meant for firefighters and other projects.

[unblock]

9. i agree there are plenty of governmental expenses

but isn't there $40MM of bribeprivate money being spent?

[Bluebear]

12. Last I heard they were short of the forty mill

and panicking! :)

[unblock]

13. well that's a damn shame.

NOT.

[LizMoonstar]

8. my young man wants to be president someday, and...

he wants to have a Daoist ceremony just to watch the born-agains shit. They assume that only 'tacky un-American atheists' don't want to hear about Jesus. I support atheists, but they're not alone. As a pagan universalist, I don't want to be forced to hear it either!

[Rex_Goodheart]

10. You win some, you lose some, BUT...

how does Michael Newdow NOT have standing in this case? He's a citizen, and it's his government. This is an official government exercise.

[Walt Starr]

14. He is not compelled to listen to the inauguration

He's not a captive audience.

[shleonny]

16. but he is compelled to help pay for it

how much is this costing U.S. taxpayers?

[Bono71]

19. But, how does the recital of a 2 minute prayer "establish"

Christainity as a state religion...

granted when you have a school room full of impressionable kids, you could have a problem with indoctrination...but this seems very different.

[shleonny]

28. it doesn't matter how long it is

it matters that it is tax payer funded, and that the office is the highest political office in the country. It is establisment.

[SCRUBDASHRUB]

25. Welcome to DU, shleonny

[TxRoadHawg]

32. Oh but he is!

We all pay, pay for the military whether we want one or not, we pay for the civil servant bureaucracies weather we want them or not, we pay for the city, state, federal budget and what ever they want to spend it on, weather we want to or not.

So what's your point

[Walt Starr]

35. All taxpayers are paying for is the security

and we pay for the security for him to attend church, too.

No difference between the two.

[LwOrder4]

23. Don't listen to it, don't watch it

change the channel etc etc I heard he's going to appeal. It's hard to believe this yahoo ever passed the bar!

[Bono71]

24. Take it from me, it ain't that hard to pass. n/t

[TxRoadHawg]

33. so we should all change to suit one person?

[Massachusetts]

15. Are these people in the picture O.K.?

It looks like they had a bad meal.

[Anakin Skywalker]

20. LOL!

Funny post. :)

[LiberalFighter]

26. Best solution

Everyone do their own prayer, hex, curse, whatever.

[jarab]

29. Like Newdow was going to watch the inauguration, anyway.

He has become a nuisance and a champion of himself. Taking bets as to what his next ploy will be.
...O...

[BiggJawn]

30. Newdow makes me ashamed to be an Atheist.

His school prayer case was a good cause. THIS....Is nothing more than Don Quixote having a go at a windmill, IMO.

Don't listen to the fucking prayer. Just be glad we aren't going to be forced to witness the "Bonesman" ceremony or whatever the Bilderburgers have planned to mark the ocassion....

[grace0418]

31. I'm kinda hoping this will finally give

the big guy upstairs the chance to send a bolt of lighting down on the whole administration for using religion to further their nefarious cause.

[dand]

34. Good boy Newdow, you speak for me and all other Atheists.

Why should I have to pay for this mumbo jumbo. This slimy little prick is no more a Christian than I am, when he takes the "oath" he will be laughing his ass off.