Montgomery County, Texas Judge Wayne Mack is being sued. He’s being sued because he has allowed volunteer chaplains say prayers in court before every day’s proceedings over the past three or so years.
The Freedom From Religion Foundation filed the federal lawsuit Tuesday in Houston against Montgomery County Justice of the Peace Wayne Mack. The Wisconsin-based Foundation says the lawsuit, also by two attorneys and an atheist, seeks to halt prayer in Mack's courtroom in Willis.
Judge Mack does have a super corrupt official on his side, indicted and still being investigated Texas Attorney General Ken Paxton.
Texas Attorney Ken Paxton, in a 2016 opinion, said Mack's courtroom prayer and volunteer chaplain program are constitutional. Signs posted outside court say people are not required to remain for invocations.
And while Mack’s defense is that he always allows anyone to leave if they are offended by the morning’s proceedings, along with a promise that it doesn’t affect his judgements, there are a lot of people who consider this whole thing unbelievably disrespectful.
Two of the unnamed plaintiffs in the case — both regular attorneys in Mack's courtroom — said they fear that refusing to participate in prayer will cost them a fair trial or make their clients uncomfortable.
One of the attorneys is a Christian, but "objects to a government official telling her when or how to pray"— and has been intentionally avoiding Mack's courtroom because of the issue. The other attorney, who identified as religiously unaffiliated, believes publicly objecting to Mack's prayer will jeopardize his career. The third plaintiff, who's appeared in Mack's court several times for "official business," argues the judge's prayer sessions violate her rights as an atheist.
The first complaints came from a plaintiff in his courtroom back in 2014 who sent a letter saying he felt the prayer and Judge Mack’s demeanor made people feel like they were being “coerced.” Judge Mack is a political creature and has used this “persecution” to raise money—like Jesus would do.
Instead of responding, Mack used the letter to promote a fundraising event. "We have come under national and local attack from those that believe that God & Faith has no place in public lives," he wrote in an email inviting the public to buy tickets to his annual Prayer Breakfast. FFRF filed a complaint with the state Commission of Judicial Conduct — but nothing came from it, aside from a gentle warning from the state over a year later.
Here’s Judge Wayne Mack speaking at a Faith & Freedom Prayer Breakfast, trying to get people to vote for God, quoting Ephesians 6:11.
Put on the whole armour of God, that ye may be able to stand against the wiles of the devil.