Montgomery Co. Justice of the Peace Fights to Continue Chaplain Invocations

A Montgomery County judge is fighting back against an atheist group out of Wisconsin who wants him to stop using volunteer chaplains to open his court proceedings with an invocation.

Judge Wayne Mack is asking the Fifth Circuit Court of Appeals to reverse a lower court's decision invalidating the practice.

“What makes this case a little unusual is that Judge Mack put a lot of extra effort to make sure he had every type of religious preference available in his chaplain program,” says Hiram Sasser with the First Liberty Institute.

“Judge Mack, part of his duties is to act as the county coroner. Whenever he arrived on an accident scene, whoever was inolved in the accident and a family member died, he wanted someone of that faith to be able to be there as chaplain so he created this chaplain program.”

Sasser believes there is legal precedent in their favor.

“The Supreme Court has recently ruled as long as its chaplains that are coming in and the government officials don't tell them what to say, they can come say whatever they want.”

The Fifth Circuit issued a stay allowing the chaplains to continue their invocation, but Sasser says it could be another year before a final ruling comes down.

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