Texas AG Ken Paxton opinion affirms constitutionality of courtroom prayer

Texas Attorney General Ken Paxton issued a legal opinion Monday affirming the constitutionality of opening courtroom sessions with prayer and a volunteer chaplaincy program in Montgomery County.

According to Paxton's opinion, Montgomery County Justice of the Peace Wayne Mack, who also serves as the county coroner, started a "volunteer-led Justice Court Chaplaincy Program" that allowed volunteer chaplains of any religion to give a brief prayer during the opening ceremonies of court proceedings. It also allowed the volunteer chaplains to offer counseling to people at death scenes so Mack could focus on his role as coroner.

Lt. Gov. Dan Patrick requested Paxton's opinion on the practice of courtroom prayers in February after the Texas State Commission on Judicial Conduct filed a complaint against Mack's program. The day after Patrick filed his request for Paxton's ruling, Seana Willing, executive director of the State Commission on Judicial Conduct, filed a request asking for a broader opinion on courtroom prayer in general, according to a report from The Courier of Montgomery County.

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"No guidance is given about the tone or content of the prayers," Paxton's opinion reads. "While the public officials themselves participate in the prayer, the public is not required to do so, and nothing suggests that nonparticipants are disadvantaged or disfavored due to their decision not to participate," it continues.

Read more: http://www.dallasnews.com/news/state/headlines/20160816-texas-ag-ken-paxton-opinion-affirms-constitutionality-of-courtroom-prayer.ece

[font color=330099]"...nothing suggests that nonparticipants are disadvantaged or disfavored due to their decision not to participate"?

The validity of that statement is questionable since an underlying bias could be formed against the non-participants by either the judge or a jury.[/font]