Prayers that open town council meetings do not violate the Constitution even if they routinely stress Christianity, a divided Supreme Court ruled Monday in a 5-4 decision.
"The inclusion of a brief, ceremonial prayer as part of a larger exercise in civic recognition suggests that its purpose and effect are to acknowledge religious leaders and the institutions they represent, rather than to exclude or coerce nonbelievers," Kennedy said.
Justice Kennedy said judges should not be involved in evaluating the content of prayer because it could lead to legislatures requiring "chaplains to redact the religious content from their message in order to make it acceptable for the public sphere."
He added, "Government may not mandate a civic religion that stifles any but the most generic reference to the sacred any more than it may prescribe a religious orthodoxy."
Justice Elena Kagan (shown at right), writing for the court's four liberal justices, said, "I respectfully dissent from the Court's opinion because I think the Town of Greece's prayer practices violate that norm of religious equality — the breathtakingly generous constitutional idea that our public institutions belong no less to the Buddhist or Hindu than to the Methodist or Episcopalian."