CFI also argued, in agreement with the Second Circuit, that there is a significant difference between local governmental bodies and state legislatures. If you want your zoning petition approved, would you refuse to participate in the town council’s prayer? Clearly, at the local level, there is an element of coercion that is not present in Congress or state legislatures. Therefore, at a minimum, Marsh should be limited to its facts.
We did not expect the plaintiffs’ attorney, Douglas Laycock, to spend his time championing the rights of the nonreligious. After all, he is there to win a case. But it seems to me he did not have to go out of his way to throw atheists under the bus. The question about excluding atheists from consideration arose in the context of a discussion about whether any type of prayer practice would please people of all groups, whatever their religion or lack of religion. Laycock, knowing that he could probably not get a Court majority to eliminate the prayer practice entirely, decided to take the angle that you only have to please the majority of people. Only the majority of people have to be treated equally.
Oh, great, so the Establishment Clause was intended not to protect minority rights, but rather the sentiments of the majority. You know, all these years, I had that backward, Doug. Thank for straightening me out.
“We’ve Already Excluded the Atheists, Right?” | Center for Inquiry
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