Fifth Circuit Overrules Judge’s Anti-Prayer Ruling
This is an update to the story Don blogged about earlier. The Fifth Circuit has now overruled Judge Biery’s decision.
A federal appeals court ruled on Friday afternoon that students may pray and mention God at Saturday night’s graduation at a high school in a San Antonio suburb, overturning a district judge’s ruling.
“Texas will continue to fight for the rights of all those who wish to pray in our state,” Governor Rick Perry said in a statement commending the Fifth U.S. Circuit Court of Appeals ruling.
. . . The appeals court ruled that the order restrained the free speech rights of the students, who “are in fact not school-sponsored.” The court also noted that the school had already changed the name of the name of the invocation and benediction.
A rare judicial victory for common sense.
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Sanity prevails!
Here is the text of the decision:
https://www.oag.state.tx.us/newspubs/releases/2011/060311medinavalley_decision.pdf
The Fifth Circuit dissolved the restraining order and the preliminary injunction issued by Biery. This was a judicial slap in the face to Biery and an indication from the Fifth Circuit that his rulings, particularly his attempt to ban student initiated prayer, were contrary to the current state of law in this area.
The Good Guys squeak one in!
“Sanity prevails!”
That was literally the first thing that popped into my head when I saw the headline. I’m glad someone on the federal bench appears to have some sense.
Hope to see the actual wording of the decision. The wording of the judgement from the similar case in CO was classic and not to be forgotten!