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Nancy Lund v. Rowan County, North Carolina

Citations: 837 F.3d 407; 2016 U.S. App. LEXIS 17360; 2016 WL 4992499Docket: 15-1591

Court: Court of Appeals for the Fourth Circuit; September 19, 2016; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Fourth Circuit Court of Appeals reviewed an appeal in a case where the Board of Commissioners of Rowan County’s practice of delivering invocations at public meetings was challenged under the Establishment Clause of the First Amendment. The district court had ruled the practice unconstitutional, citing deviations from accepted practices and coercion. However, the Fourth Circuit reversed this decision, referencing the Supreme Court’s ruling in Town of Greece v. Galloway, which upheld sectarian prayers as constitutional. The court emphasized the historical precedent of legislative prayers and found that allowing commissioners to lead their own prayers did not demonstrate an unconstitutional government endorsement of religion. The court also determined that the practice was not coercive, as participation was voluntary and there was no evidence of negative repercussions for non-participants. Furthermore, the court found no discriminatory intent in the rotation of prayer opportunities among commissioners, and the predominantly Christian content of the prayers did not amount to proselytization. Thus, the court directed the dismissal of the complaint, maintaining that the Board’s prayer practice aligned with constitutional standards and historical traditions of legislative prayer.

Legal Issues Addressed

Coercion in Legislative Prayer Contexts

Application: The court concluded that the practice of inviting the audience to participate in prayers did not constitute unconstitutional coercion, as there was no evidence that participation was compulsory or that non-participants faced negative consequences.

Reasoning: The prayers did not chastise dissenters or promote dogma, and participation was voluntary.

Content of Legislative Prayers

Application: The court determined that the predominantly Christian content of the prayers did not violate the Establishment Clause, as the prayers were not used to proselytize or disparage other faiths.

Reasoning: There were no prayers recorded that sought to convert listeners to a specific faith or demean differing beliefs.

Discrimination and Diversity in Prayer-Givers

Application: The court held that the Board's practice of rotating prayer opportunities among commissioners did not demonstrate discrimination against religious minorities, as there was no evidence of intentional bias in selecting prayer-givers.

Reasoning: The district court's stance effectively mandates diversity among prayer-givers, which contradicts the established legal framework that does not require legislative bodies to promote a variety of religious views.

Establishment Clause and Legislative Prayer

Application: The Fourth Circuit reversed the district court's ruling that the Board's practice of legislative prayer violated the Establishment Clause, citing the Supreme Court's decision in Town of Greece v. Galloway which upheld sectarian legislative prayers as constitutional.

Reasoning: The circuit court finds the Board's practice constitutional and reverses the lower court's ruling.

Role of the Prayer-Giver in Legislative Prayers

Application: The court found that allowing commissioners to lead invocations did not violate the Establishment Clause, emphasizing that the historical practice of legislative prayer includes lawmaker-led prayers.

Reasoning: The Supreme Court did not suggest that only outside clergy could give legislative prayers; rather, it emphasized practices in Congress and state legislatures without restricting who can officiate.