Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Supreme Court’s Ruling on Government Prayer
Explainer: The Supreme Court’s Ruling on Government Prayer
Jan 29, 2026 4:53 PM

What was the Greece vs. Galloway case about?

The short answer: The constitutionality of saying religiously specific prayers (e.g., praying in Jesus name) at government meetings and functions.

The (slightly) longer answer: In the town of Greece, located in upstate New York, the Town Board sessions were opened by a prayer from local clergy, mostly leaders of Christian congregations although in a few instances members of other faith traditions offered the invocation (a Jewish man, a Baha’i leader, and a Wiccan). The Second Circuit Court ruled the prayers were unconstitutional since they aligned the town government officially with a particular faith — Christianity. The case was appealed to the Supreme Court.

What was the Supreme Court’s ruling?

In a 5-4 decision, split along traditional right-left lines with Justice Kennedy joining the majority, the court ruled that the town’s practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment. Justice Kennedy’s opinion for the Court concludes:

The town of Greece does not violate the First Amendment by opening its meetings with prayer ports with our tradition and does not coerce participation by nonadherents.

What was the position of the dissenting judges?

The minority opinion was that the prayers were too sectarian and were not sufficiently religiously diverse. Justice Elena Kagan wrote the dissent for the minority, saying,

The town of Greece failed to make reasonable efforts to include prayer givers of minority faiths…Greece’s Board did nothing to recognize religious diversity…prayer repeatedly invok­ing a single religion’s beliefs in these settings—crossed a constitutional line.

What does this mean for religious liberty?

Religious people are now free to say prayers in public meetings that align with their faith—Christians can mention Jesus, Muslims can pray to Allah, etc.

“The Court’s landmark decision today echoes the wisdom of the Founders,” said Eric Rassbach, Deputy General Counsel at the Becket Fund for Religious Liberty. “Not only did the Court uphold the centuries-old practice of legislative prayer, it also started the work of bringing the entire law of church and state onto a firmer foundation in the words of the Constitution.”

And as Russell Moore, president of the Ethics and Religious Liberty Commission, writes in Time magazine:

Some would argue that this decision, Town of Greece v. Galloway, represents an establishment of religion, that it tears down the separation between the church and the state. They are wrong. The decision does just the opposite. Notice what the town was not doing. They were not writing prayers, or censoring prayers, or even requesting certain wording in prayers. They were simply allowing sessions to open with persons praying according to their own consciences.

Other posts in this series:

What is Earth Day?

What is Holy Week?

What’s Going On in Crimea?

What Just Happened with Russia and Ukraine?

What’s Going on in Ukraine

What You Should Know About the Jobs Report

The Hobby Lobby Amicus Briefs

What is Net Neutrality?

What is Common Core?

What’s Going on in Syria?

What’s Going on in Egypt?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
The disordered soul of Frank Underwood
“Frank Underwood, masterfully played by the award-winning Kevin Spacey, embodies the corruption that so often attends to the pursuit of political power,” says Jordan Ballor in this week’s Acton Commentary, “and as the new season nears it’s worth looking back at where it all began for Francis and Claire Underwood.” In their review of the show’s first season, David Corbin and Alissa Wilkinson rightly observe that the example of Frank Underwood provides an important negative lesson about the need for...
Samuel Gregg on how to really make America great again
With economic growth gradually declining since the 1980s and in the first quarter of 2017 possessing a growth-rate of only 0.7 percent, the United States is not headed in a direction of growth and prosperity. In a new article for The Stream, Acton’s Director of Research, Samuel Gregg, highlights this current trend, pointing to an aging population and over-regulation as likely culprits. He also affirms the necessity of innovation and the alleviation of burdensome regulations. Gregg begins by articulating the...
Development malpractice: When failure in ‘doing good’ is worse than ‘doing nothing’
What happens when governments, NGOs, charities, and churches all converge in scurried attempts to alleviate global poverty, whether through wealth transfers or other top-down, systematic solutions? As films like PovertyCure and Poverty, Inc. aptly demonstrate, the results have been dismal, ranging from minimal, short-term successes to widespread, counterproductive disruption. Surely we can do better, avoiding grand, outside solutions, and ing alongside the poor as partners. Yet even amid the menu of smaller and more direct or localized “bottom-up” solutions, there...
What is comparative advantage?
Note: This is post #32 in a weekly video series on basic microeconomics. What parative advantage? And why is it important to trade? In this video by Marginal Revolution University, economist Don Boudreaux guides us through a specific example surrounding Tasmania — an island off the coast of Australia that experienced the miracle of growth in reverse. Through this example we show what can happen when a civilization is deprived of trade, and show why trade is essential to economic...
France settles for Macron and malaise
What should American citizens think of Emmanuel Macron and the impact he will have as the next president of France? His outsider status, entrenched opposition, andimprecise political platform may createthe perfect storm for France to continue marching in place, according to anew essay in Religion & Liberty Transatlantic. “The French don’t like change; they like what’s new,” writes Christophe Foltzenlogel, a jurist for the European Centre for Law and Justice (the counterpart to the ACLJ, founded by Jay Sekulow). How...
Federalist Society’s Leonard Leo speaks at Acton May 11 on the ‘Trump judges’ and Supreme Court
pictured: Leonard Leo With Neil Gorsuch elected to the Supreme Court in mid April, and a slate of other candidates on Trump’s radar for the lower courts, there is a mitment by the Trump administration to the election of conservative appointees to the federal judiciary. Could this be a judicial renaissance of sorts? Will there be a resurgence of true conservatism and originalism in the courts? To find e join us on Thursday May 11 at Acton’s headquarters in Grand...
Understanding the President’s Cabinet: Attorney General
Note: This is post #16 in a weekly series of explanatory posts on the officials and agencies included in the President’s Cabinet. See the series introductionhere. Cabinet position:Attorney General Department:Department of Justice Current Secretary:Jeff Sessions Succession:The Attorney General is seventh in the presidential line of succession. Department Mission:“The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal...
To fight poverty, Oxfam must measure what matters
If people of faith want to reduce global poverty, they must begin by accurately measuring the problem. But a well-publicized report on international poverty distorts the problem and promotes solutions that would leave the world’s poorest people worse off, according to two free market experts. Every year, Oxfam releases a report on global wealth inequality to further the agenda of the World Economic Forum. This year’s entry, titled “An economy for the 99 percent,” was released with the headline: “Just...
State Department releases 2017 report on international religious freedom
The State Department recently released its International Religious Freedom Report for 2017.A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” A major concern addressed in this year’s report is that “international religious freedom is worsening in...
How God makes a loaf of bread
Economist Russ Roberts has produced a charming new video, “It’s a Wonderful Loaf”,that reveals the “hidden harmony that is all around us.” In the animated poem, Roberts looks at the “seemingly magical ways” that we anticipate and meet the needs of each other without anyone being in charge. While the poem is helpful in seeing the hidden order in markets, it’s missing a key explanation. Roberts claims this order is not designed but just “emerges” by the actions of humans:...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved