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Last updated on Thursday, November 1, 2007
(BLOOMINGTON) - A professor at the Indiana University School of Law has decided to weigh in on the appeals court ruling overturning the ban on Christian prayer in the Indiana statehouse.
Professor Daniel Conkle at the law school says, since the suit was thrown out on a technical matter, the court has not addressed the underlying complaint, nor repudiated the substance of the original district court ruling, saying the exclusively Christian prayers were unconstitutional.
The basis of the federal court ruling was based on a Supreme Court case decided this year, in which the Supreme Court said taxpayers cannot sue over government practices that do not include tax revenues.
Conkle says if the plaintiffs want the ruling overturned, their best bet would be to add a plaintiff who is a state legislator or employee of the legislation that can argue his or her rights were violated by the prayers themselves.
On Tuesday, the 7th Circuit Court of Appeals in Chicago threw out the original ruling decided in November of 2005.
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