New Orleans, LA— Today, the U.S. Court of Appeals for the Fifth Circuit upheld Texas Judge Wayne Mack’s practice of recognizing volunteer chaplains—including Muslim, Jewish, Buddhist, and Christian religious leaders—who sometimes open court sessions with a brief invocation. First Liberty Institute and the law firm of Gibson, Dunn & Crutcher LLP represent Mack.
A copy of the opinion can be read here.
“The Fifth Circuit rightly concluded that Judge Mack’s
brief ceremony respects a rich historical tradition of opening judicial
proceedings with an invocation,” said Bradley Hubbard, the Gibson Dunn attorney
who argued the case in April. “As the Court explained, the ‘history,
character, and context’ of Judge Mack’s ceremony ‘show that it is no
establishment at all.’”
“I am eternally grateful to the judges on the Fifth Circuit
who upheld this historical practice,” said Judge Mack. “I look forward to
continuing to serve the people of Montgomery County.”
“America has a rich tradition of opening public
meetings—including judicial proceedings—with an invocation,” Jeremy Dys, Senior
Counsel for First Liberty, said. “Welcoming a volunteer chaplain to lead
an invocation according to the tradition of his or her faith reflects the very
best of our nation’s values.”
In July 2021, the Fifth Circuit issued a stay permitting
Judge Mack, a Montgomery County Justice of the Peace, to continue allowing volunteer
chaplains to offer invocations at the start of his court sessions while a
lawsuit against him is considered.
Mack, whose duties include serving as a coroner for
Montgomery County, created a volunteer chaplaincy program, which includes
leaders from a diverse array of faith traditions, to aid members of the
community while he conducts independent death investigations. In his role
as Justice of the Peace, Judge Mack allows the multi-faith, volunteer chaplains
to open his courtroom ceremonies with a brief invocation and the pledge of
allegiance in order to honor their service.
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