Attorneys for plaintiffs in “Westphal v. Wagner” just received the the Order from the district court. Judge Klausner has denied plaintiffs’ motion to enforce the settlement agreement because he found that the evidence shows that the event planners did make the invocation decision in compliance with the settlement agreement.It now appears that plaintiffs' and defendants' narratives regarding how the "invocation" decision was reached (at Saddleback College) differ substantially. Defendants' account is more complex and includes elements that made it possible for Klausner to rule as he did.
When I get more information, I'll provide it.
UPDATE: I have examined a letter from defendants' attorney to plaintiffs' attorney of May 11. It (perhaps accurately) describes the facts and the reason for Klausner's ruling. Here are some excerpts:
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It appears that events in the process produced a degree of confusion regarding the facts leading up to Burnett's decision to include a prayer at commencement.
Leaving aside the question of whether Burnett's action violated the settlement agreement, one might notice that, in any event, President Burnett has evidently taken it upon himself to impose a prayer on Saddleback College's commencement ceremony (tomorrow). (See especially point b above.)
I do wonder how the Saddleback College community feels about that.
3 comments:
Regardless, the reason Plaintiffs entered into the agreement was to avoid a result like this.
Is this the right wing judge who bollixed the case up to the point of the settlement agreement?
Klausner is a Bush appointee, and we have not been impressed with his reasoning. I have not had an opportunity to examine defendants' brief, and so I do not yet know whether Klausner made a bad decision or we (plaintiffs) simply do not have all the facts regarding how the decision was made. It could be the latter. I'll see what I can find.
Whether he technically followed protocol or not, the fact that he (and ultimately the board who is behind this) felt the need to make it an issue knowing that people would be upset and they would be toeing the line of the ruling is disguting. Why are they so bent on imposing their beliefs when they know it will isolate people? It shows not only a lack of judgement, but a lack of empathy. The invocation referred to God several times, this was not an attempt to extend the olive branch, it was a brazen EFF YOU... That is how this member of the saddleback community feels.
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