Thursday, May 17, 2012

APPEALS COURT OVERTURNS PRAYER RULING

  
Town Board Prayer
Endorses Christianity

The U.S. Court of Appeals for the Second Circuit has ruled that “an objective, reasonable person would believe that the town’s prayer practice had the effect of affiliating the town with Christianity.”

“Christian clergy delivered each and every one of the prayers for the first nine years of the town’s prayer practice, and nearly all of the prayers thereafter,” the judges wrote.

While the town asserted that it would accept any volunteers to deliver invocations “the town neither publicly solicited volunteers ... nor informed members of the general public that volunteers would be considered or accepted, let alone welcomed, regardless of their religious beliefs or non-beliefs,” the decision states. (Democrat & Chronicle)

Americans United Press Release

Court Decision

SCATS ~~ So now we can add "Christian" to the closed, clubby & corrupt menu defining our local govt.
  

18 comments:

Anonymous said...

This decision is another" LANCE" in the side morality in this country..It's truly ashame that a small group of agnostics and atheists such as the two who brought the suit in the first place and further denigrate the influence of God in our daily lives can dictate and impose their personal views on the majority The breakdown in today's morality and dysfunctional families has it's roots in any symbols of God's important impact on us as human beings systematically being removed from our culture and beliefs.
One can only hope that these lifeless duo one day will find themselves stoking the fires of Hell.

Anonymous said...

Good news. The town can easily change to non-sectarian prayers for those who care. God will not be offended. She knows better. The issue is the big bucks the town will have to shell out for the legal costs. Another black mark on the Auberger reign of error. I'm certain the costs will be in the hundreds of thousands of dollars. Of course Auberger and his cronies will continue to collect their salaries. The taxpayer will be forced to pay for Auberger's follies

Anonymous said...

Wow, two well-known trouble makers just cost the town hundreds of thousands of dollars. I'm they could care less about it too!

Interesting that 3:11 knows what God thinks and feels. Did you pray to God to find out? I hope you didn't do so at the town hall. These two gals will sue you!!!

Anonymous said...

Did you hear the truth about God? (She's black!)

Anonymous said...

Let's be clear. It is Auberger's actions which are the affront to the consitution. To consider those who in good faith challange what they belive to be unconsitutional is unamerican.
Auberger's stubborness and pride goeth before his fall. His pride and arrogance is costing us money as it has in many other times.

Second it is really laughable to assert that only those who believe in and accept your version of religion and your conception of the deity or any deity for that matter are moral. This is the postion that most fundmentalists take. I have heard it stated at town board meetings and at those prayer meetings Greece has. That is the truly immoral position it is autocratic and authoritarian.

THird you might actually want to read the decision. I found it online. It is very narrowly construed.

SCATS said...

To 9:23PM ~~ Don't look now, but I did post the link to the court decision early this evening ... thanks to a friend who provided it :)

Anonymous said...

The town paid nothing for this court defense. There is a group doing the legal work pro bono. That is for free.
And they can continue the prayers. Just have to include more than the local churches which are by and large Christian. The court says they were remiss in only confining the group to geographic "prayer volunteers". After all they go beyond the town to accept bids on projects. And they went beyond the town for Loszynski. And they went beyond the town for the police officers. Nothing wrong with that. They need to be more inclusive and instruct the volunteer prayer leaders to be more inclusive. At least that's what this court says. And they only said that the previous judge erred when he summarily dismissed one of the assertions of the 2 plaintiffs. We will see what the previous court does with this.
The town response sounds like they didn't consult their local attorney to explain the narrow victory of the appeal. That's either really sad or funny that they are all up in arms saying they will go to the supreme court with this. The issue is not prayer before meetings. That is allowed. In fact it happens every day even in the congress and senate.

Anonymous said...

the town will have to pay the legal fees incurred by the other side.

Anonymous said...

No they won't. It's not a damages kind of lawsuit looking for monetary relief. And the ladies are being represented by a group that is not charging them. And there is no win/lose with this. If that were the case the group representing the town would have asked to be reimbursed by the ladies and the group that is bringing the complaint. And pro bono means that they never can get court costs because they are legally expressing that they are not charging for services and are covering the costs. Please tell us where the briefs that have been presented so far have asked for any reimbursement or covering of court costs by either side. They are in the online articles and there is no evidence of that. And they can't ask for that after the fact. It has to be upfront.
All in all it is a waste of time for the legal groups that are doing this. The town should just follow the guidelines that this court has so clearly set up for them. Pray if they want but don't make it so exclusive.
But then again both outside groups that are so willingly offering their services are eager and excited to have this publicity for their respective causes.

Anonymous said...

I'm afvraid you information is incorrect

Anonymous said...

The real crime here is the way the courts continue to bastardize the First Amendment. Its exact wording is: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

The Greece Town Board:
1. is not Congress
2. is not enacting a law establishing a religion for the Town of Greece.

If anything, it is the courts in this country that continually "prohibiting the free exercise" of religion.

Then we are forced to choose between giving in to this Judicial Tyranny, and spending thousands of dollars to defend our rights.

This is no longer the free country my father fought for in World War II. I am left with having to tell my grandchildren what it was like to have once lived in a free country.

Anonymous said...

our resident Pope says the town will appeal the decision.all the way to the Supreme Court if necessary. Now I ask you.
Is this the appropriate response from a reasonable person.or the reaction to his holiness' having his nose bent by two women that he hates with a passion.JACK YOU LOST plain and simple. get over it. I know your over inflated ego has been trounced by a couple of nobodies but let it go. Stop messing with our tax bucks to try and redeem your position.
Most of us residents are sick and tired of your dictatorial style . Greece has more important things to deal with than defending your stance on prayers at meetings. Actually now that I think about it the prayer part of the town board meeting is the only agenda item not scripted and consumes the most time of any other item on the agenda.
So do the right thing, finish out your term without doing any more harm to the reputation of our town.

Anonymous said...

why is auberger still in office? aren't the republicans embarrassed by him. why and how does he have any power yet?

Anonymous said...

He is still in office because he was re-elected in a democratic process in 2009. Neither the republicans nor the democrats can force someone to resign. More people voted for him over the other person that ran. He will be up for re-election in 2013. The usual method of succession if he "chooses" not to seek the office again , is for someone chosen by the republicans to serve the last few months of his term. Then that person would be seen as an incumbent and have all the advantages of that . They do that with the town board seats and the county seats. And that only works if he is willing to comply. And he might want to run again.
And I repeat, he won the majority of the votes.

SCATS said...

To 10:56AM ~~ He's still in office because the corrupted Republican party in Greece kowtows to the senior citizens who can be counted on to show up in the voting booths on election day. They kiss their backsides by busing them around for free concerts and other drivel knowing they can always play upon the the fears seniors have of higher taxes, etc. That's EXACTLY what they did when Maloney ran, too. Dirty politics is something they have down pat in Greece.

Anonymous said...

So you figure the "fears" (your words) of the senior citizens that can be counted on to vote are way off base? Do you really think the taxes will decrease under democrat rule?

SCATS said...

To 11AM ~~ Seniors fear change, any change, often even good change. The "fear" drummed up during the campaign against Maloney was the biggest load of politically created BS I ever saw! "The devil Democrat union guy who will raise your taxes!!" All that was missing from those nasty mailings right before Halloween were the spooky sound effects ... and accountability by the Reps. who mailed them out after complaints about fair campaign practices could no longer be made.

Can you show me that Auberger & co. haven't raised taxes? There's the sound of crickets again ...

SCATS said...

I will not post the follow-up remark which is beyond baseless & false in its contentions related to named private individuals.

There's still crickets regarding the fact that Auberger's group has raised our taxes ;)