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Gov. Bevin Joins in Filing Amicus Brief with U.S. Supreme Court in Key Religious Liberty Case

Administration advocating for freedom to pray before public meetings

Contact: Woody Maglinger
502-564-2611
Woody.Maglinger@ky.gov

FRANKFORT, Ky. (Nov. 16, 2017) – Kentucky Gov. Matt Bevin is joining with West Virginia and 20 other states in filing an amicus brief in support of North Carolina’s writ of certiorari asking the U.S. Supreme Court to review Rowan County v. Lund.

The Bevin Administration along with the states of West Virginia, Alabama, Arizona, Arkansas, Colorado, Georgia, Indiana, Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and Wisconsin are petitioning the Court to uphold well-established precedents protecting the freedom of prayer before public meetings.

“Intervention is critical to resolve the disagreement in the lower courts and to preserve the ability of state and local legislative bodies to accommodate the spiritual needs of lawmakers,” states the brief. “This Court should grant review to provide certainty for the thousands of state and local governments that have long allowed lawmaker-led prayer in their proceedings—and thereby continue a tradition that has become part of the fabric of our society.”

In recent months, lower courts have issued conflicting rulings in regard to this topic. The U.S. Court of Appeals for the 6th Circuit (which covers Kentucky) and a panel of the 4th U.S. Circuit both ruled in favor of religious liberty. However, the full 4th Circuit later reversed its panel’s earlier decision.

Citing two landmark Supreme Court cases—Marsh v. Chambers (1983) and Town of Greece v. Galloway (2014), the states argue that the 4th Circuit’s conclusion “is entirely unmoored from [Supreme Court] precedent.”

“Lawmaker-led prayer is a common and important form of legislative prayer, which connects lawmakers to a tradition dating to the time of the Framers and allows part-time and volunteer lawmakers to reflect the values they hold as private citizens,” the brief notes. “This Court’s review is necessary to undo the 4th Circuit’s erroneous decision, which would sweep away what has so long been settled, and threaten to create new controversy and begin anew the very divisions along religious lines that the Establishment Claus seeks to prevent.”

A copy of the full amicus brief can be downloaded here.

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