Freedom From Religion v. Mack, No. 21-20279 (5th Cir. 2022)
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Defendant, a Texas Justice of the Peace, opened his courtroom with a prayer every morning. The plaintiffs, a group of litigants appearing before the judge, sought an injunction preventing Defendant from doing so. The district court granted Plaintiff's request for an injunction, which the Fifth Circuit stayed pending resolution on the merits.
In resolving the merits, the Fifth Circuit reversed the district court's grant of summary judgment and entered judgment for Defendant. The court concluded that as long as Defendant 1.) has a policy of denominational nondiscrimination and that (2) anyone may choose not to participate and suffer no consequences, Defendant's practice is non-coercive. Defendant allowed anyone to participate in the prayer and would select attendees to lead the prayer without regard to their beliefs.
This opinion or order relates to an opinion or order originally issued on July 9, 2021.
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