Idaho Atheists win in U.S. District Court (Oh yes!)

As discussed in a diary yesterday, the Idaho Atheists sued Governor Dirk Kempthorne (R) and a member of the State Capitol staff in U.S. District Court in Boise to enjoin the favoritism showed by the State to proponents of the National Day of Prayer.

See below for more

The above link to yesterday's diary provides more detail, but briefly, the Idaho Atheists had reserved the front steps of the Capital Building for a rally on the National Day of Prayer.  When the Governor found out about this "travesty" the Atheists were bumped in favor of the "public pray-ers."

This morning, the Idaho Statesman reports that U.S. District Court Judge Lynn Winmill ruled in favor of the Atheists:  

In court Wednesday, Deputy Attorney General Jim Carlson maintained Mason has a standing policy to reserve the steps for the National Day of Prayer -- recognized annually as the first Thursday in May -- and other annual events. But Carlson could not cite another example of when the policy is used when pressed by Winmill.

"There's no example of when it's been enacted either on the National Day of Prayer or on any other day of the year," Winmill said before ruling.

And Randall Tigue, attorney for the atheists, pointed out that prayer organizer Jim Hughes did not think his group had a standing reservation. Hughes filed paperwork March 17 to use the front steps today, Tigue said.

In a phone message to Harrington, Hughes acknowledged, "We messed up this year by not getting our paperwork in prior to the time you did."

Hughes statement was the "frosting on the cake," Tigue said. "Each and every year, they made a separate call and a separate reservation."

Before deciding the case, Winmill made a point of saying he was not finding there was any conspiracy to deprive the atheists group of their rights. He also said that because Harrington's lawsuit was filed Tuesday, it did not leave the state much time to gather evidence. That leaves the possibility that new evidence could prompt Winmill to change his ruling, but not before today's events.

I was unable to find any link to the decision itself, so am unable to provide much detail regarding the basis on which the case was decided.  However, it is apparent from the context of the article and the language of the Judge that the decision was based upon the rules governing use of the Statehouse steps, and not upon any violation of the Idaho Atheists' First Amendment rights.

Despite the basis of the ruling, this appears to be a "win" for the continued (hopefully) separation of church and state.  However, this IS Idaho, and, mark my words, there WILL be fallout from this . . . .   In the next legislative session beginning in January, 2006, I wouldn't be too surprised to see the wingnuts that inhabit the legislative chambers pass some statute in favor of using the Statehouse steps for the National Day of Prayer every year.  This thing ain't over yet . . .

•  I loved the fact

  that so many offered prayers for the Idaho Atheists efforts in the comments to yesterday's diary.  What a great way to express your beliefs!

  by Idaho Guy on Thu May 05, 2005 at 08:25:50 AM PDT

•  Dog Ho

  (oh god . . . for those of you disinclined to backwards reading)

  by Anglico on Thu May 05, 2005 at 08:36:42 AM PDT

  •  Pu dekcuf s'taht <t/n>

    by mrblifil on Thu May 05, 2005 at 08:44:20 AM PDT

    •  syas ohw

      (:

      by Anglico on Thu May 05, 2005 at 08:57:06 AM PDT

•  National Day of Hypocrites

  While I am not a Christian--far from it, in fact--it might be appropriate to recall what Jesus said (commanded) about praying in public.

  At Matthew 6: 5... "And when you pray, do not imitate the hypocrites: they love to say their prayers standing up in the synagogues and at the street corners for people to see them. I tell you solemnly, they have had their reward. But when you pray, go into your private room and, when you have shut your door, pray to your Father who is in that secret place...."

  (quoted from The Jerusalem Bible)

  by ExStr8 on Thu May 05, 2005 at 08:50:46 AM PDT

  •  It is not only "appropriate" . . .

    it is essential.  

    by Idaho Guy on Thu May 05, 2005 at 09:06:35 AM PDT

  •  That passage is one of the most ignored

    ... passages in the NT.  Of course, "Prayer rallies" like this aren't about talking to God, but are political rallies targeting people.

    by A Citizen on Thu May 05, 2005 at 10:01:36 AM PDT

•  Works both ways

  Todays Dallas Morning News shares an opposite situation in nearby Plano.

  "...for the last two years, Christians, Jews, Hindus, Bahais and others have directed the day's prayers at Plano's City Hall. This year, Mr. Frady beat them to the punch, reserving the City Council chambers for a noon event led solely by Christian pastors...
  "I learned what the rules were, and I booked it early," said the pastor of Plano's WillowCreek Fellowship."
  <snip>
  "Religion in Plano is predominantly Christian, the pastor said. And other faiths, he said, have had a disproportionate influence on past prayer day events. "

  full article
  

  by Catte Nappe on Thu May 05, 2005 at 09:04:35 AM PDT

•  Chalk one up for the godless!

  (And the rest of us who love them.) Thanks for the update.

  I'm sure there'll be a demonstration of "christians" condemning all heathens to hell.  All you from le Bois be sure to go and watch the fireworks.  Don't forget the popcorn!

  A post fracus update will be most welcome.

  by CJB on Thu May 05, 2005 at 09:08:34 AM PDT

•  Less than a truimph, sadly

  This result is a good thing, but it falls sadly short of a truimph, unless you consider against the backdrop of the lowered expectations of religious freedom and equality that is the U.S.A. under its current leadership.

  One religious viewpoint have the same rights as any other should be a baseline.  This case shouldn't even have been a case.

  Instead, we have state facilities manager Tim Mason caught in an obvious lie: that the  National Day of Prayer organization had an annual reservation for the front steps.  No paperwork was produced, the head of the prayer organization didn't think so, and he could site no other examples of such a policy.

  Mason lied, but the judge didn't even have the guts to call him on it.  Instead, the judge said that new evidence could change his ruling (after the fact) because the case was filed late.  This case is a slam dunk, and Mason should lose his job after perjurying himself on the stand.

  That still wouldn't be a truimph.  But it would help.

  by Fides on Thu May 05, 2005 at 09:16:16 AM PDT

•  Woo Hoo!

  small victories, we need lots of small victories. Equal representation is achievable.

  by Dissedent Liberal on Thu May 05, 2005 at 09:48:55 AM PDT