Decision in Pelphrey v. Cobb County

[Christopher Lund]

Pelphrey came down today, http://www.ca11.uscourts.gov/opinions/ops/200713611.pdf  The Eleventh Circuit generally upheld Cobb's County legislative prayer practice, which usually involved "sectarian" legislative prayer.  The Court rejected the claim that sectarian prayers were flatly unconstitutional, thus presenting a fairly clear circuit split on the issue (though the Court itself denies any such split).
 
The Court did find valid one of the plaintiff's constitutional claims * a claim that the County Planning Commission had improperly selected their prayergivers.  A county clerk at the Planning Commission was in charge of picking prayergivers.  She used a phone book to find religious organizations; she would call them and invite their leaders to pray.  But she had crossed out a number of sections, including "Churches-Islamic," "Churches-Jehovah's Witnesses," "Churches-Jewish," and "Churches-Latter Day Saints."  Apparently, those groups were not called, which the Court found to be unconstitutional.
 
Best,
Chris
 
______________________
Christopher C. Lund
Assistant Professor of Law
Mississippi College School of Law
151 E. Griffith St.
Jackson, MS  39201
(601) 925-7141 (office)
(601) 925-7113 (fax)
Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402
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