Late last year, CJV led an amicus curiae brief in the case of Freedom From Religion Foundation v. Judge Wayne Mack. Judge Mack, of Montogomery County, Texas, received a lawsuit from the FFR for his custom of permitting a chaplain of various faiths to offer a prayer before his court proceedings. FFR claimed that through this actions, Mack violated the First Amendment Right for Separation between Church and State. However, participation in the religious services was not mandated and did not affect the cases that followed. With this justification, CJV, along with three other religious liberty organizations, filed an amicus in defense of Mack. First Liberty Institute led Judge Mack’s defense.
Last week, precisely one year after the filing of CJV’s amicus, the 5th U.S. Court of Appeals rejected the suit, allowing Mack to continue his practice. As long as Judge Mack maintains his procedure of allowing representation from any religion or denomination, he is not violating the First Amendment. This ruling has set a precedent for future religious liberty cases, permitting invocations by clergy before public meetings—including in the U.S. Congress—to continue.