Facts of the Case

The town of Greece, New York, began its monthly town board meetings with a prayer delivered by invited clergy. While the prayers were predominantly Christian, the town did not exclude other faiths, and on occasion, non-Christian clergy were invited. Susan Galloway and Linda Stephens, residents of Greece, filed a lawsuit arguing that the town’s practice of beginning legislative sessions with sectarian prayers violated the Establishment Clause of the First Amendment. They claimed that the prayers aligned the town with a particular religion and coerced participation in religious observances.

Constitutional Question

Does the practice of opening town meetings with sectarian prayer violate the Establishment Clause of the First Amendment, even when the prayers are predominantly of one faith but open to all religions?

Arguments

For the Town of Greece:

• The town’s prayer practice is consistent with historical tradition, which allows legislative bodies to open with prayer, as recognized in Marsh v. Chambers (1983).
• The prayers are voluntary, and the town does not coerce participation, thus respecting the religious diversity of the community.
• The Establishment Clause does not require nonsectarian or ecumenical prayer, and the town does not discriminate in selecting who may deliver the prayer.

For Galloway and Stephens:

• The predominance of Christian prayers aligns the town with a particular religion, thereby violating the Establishment Clause’s requirement of government neutrality in religious matters.
• Residents attending meetings may feel coerced to participate in religious practices that do not align with their beliefs, particularly since the prayers are delivered in a governmental setting.
• The town’s practice creates an appearance of endorsing a specific faith, alienating those who do not share the majority’s religious views.

The Decision

The Supreme Court, in a 5-4 decision, ruled in favor of the Town of Greece. Justice Anthony Kennedy, writing for the majority, held that the town’s practice of opening its meetings with prayer did not violate the Establishment Clause. The Court emphasized several key points:

1. Historical Precedent: The Court referenced Marsh v. Chambers (1983), which upheld legislative prayer as part of the nation’s tradition. The town’s practice was deemed consistent with this historical precedent.
2. Non-Coercion: The majority opinion argued that the town’s prayer practice did not coerce participation in a religious exercise. The fact that prayers often reflected one faith was not in itself unconstitutional, as long as the town maintained a policy of non-discrimination in selecting who may offer the prayer.
3. Sectarian Prayer: The Court ruled that the Establishment Clause does not require legislative prayers to be nonsectarian or to avoid references to specific deities or religious figures. The decision acknowledged that prayer is often reflective of the beliefs of the speaker and does not need to be stripped of its religious identity.

Significance

Town of Greece v. Galloway is a landmark case that further defined the scope of the Establishment Clause concerning legislative prayer. The ruling reinforced the permissibility of sectarian prayer in government settings, provided that there is no pattern of proselytization or coercion and that the prayer practice is open to individuals of all faiths. The decision underscored the Court’s interpretation that the Establishment Clause does not demand strict neutrality between religion and non-religion but instead prohibits government actions that endorse or coerce religious practices. This case has significant implications for how legislative bodies across the United States incorporate religious expressions into their proceedings.