Skip Navigation

Pennsylvania House wins appeal in atheist prayer-policy suit

  • Marc Levy/The Associated Press
FILE PHOTO: The dome of the Pennsylvania Capitol is visible in Harrisburg.

 Matt Rourke / AP Photo

FILE PHOTO: The dome of the Pennsylvania Capitol is visible in Harrisburg.

(Harrisburg) — A federal appeals court is reversing a lower court decision and ruling that the Pennsylvania House of Representatives’ policy barring atheists from delivering invocations doesn’t violate the U.S. Constitution.

Friday’s decision by the 3rd U.S. Circuit Court of Appeals upholds House Speaker Mike Turzai’s policy of limiting prayers at the start of legislative sessions to guest chaplains who believe in God or a divine or higher power.

It reverses last year’s decision by a district judge, who sided with atheists, agnostics, freethinkers and humanists in ruling that the restrictions violated constitutional prohibitions on making laws that establish a religion.

The appeals court’s 2-1 majority says the policy fits within the “historical tradition of legislative prayer” and it counts as government speech that’s protected from a free speech or equal protection challenge.

Support for WITF is provided by:

Become a WITF sponsor today »

Support for WITF is provided by:

Become a WITF sponsor today »

Up Next
Uncategorized

Safe injection site goes to court