Mathur: the type of guy who brings a balloon to a culture war |
A federal judge has ruled Saddleback and Irvine Valley Colleges may continue to open school events with invocations, but said district officials violated First Amendment rights on at least two separate occasions.
In his order, U.S. District Court Judge R. Gary Klausner, ruled partially in favor of the district officials and partially in favor of the faculty members and students who filed a lawsuit in 2009, seeking to prohibit prayers at school events.
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Klausner determined that nonsectarian invocations at events like graduation and scholarship ceremonies do not violate the Establishment Clause of the First Amendment, which enforces the separation of church and state. Klausner denied the plaintiffs' request to prohibit invocations because they could not show that irreparable damage would result from continuation of the tradition.
Klausner also determined two incidents – one involving Mathur and another involving former SOCCCD trustee Donald Wagner – did violate the Establishment Clause.
The incident related to Mathur occurred during the Chancellor's Opening Session in August 2009. A slide show of patriotic images set to "God Bless the USA" was played during a faculty training session, ending with two slides picturing flag-draped coffins of U.S. soldiers.
According to the court order, the images were superimposed with the message, "Only two defining forces have ever offered to die for you. Jesus Christ and the American G.I. ... One died for your soul, the other died for your freedom."
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The incident related to Wagner occurred at a May 2009 scholarship ceremony, which Wagner opened with an invocation.
In the invocation, Wagner mocked "the special interest group that has contacted this college to pursue its agenda of driving God from public square….
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Lawyers for both sides claimed victory with Klausner's order.
"They challenged invocations, and we're pleased with the outcome," said John Vogt, the attorney representing the defendants. "We think it's consistent with other cases in this context."
Plaintiffs' attorney Ayesha Khan saw things differently.
"The district has been found to have violated the constitutional rights not once, but twice, by presenting religiously hostile messages at district events, Khan said.
The lawsuit was filed against Wagner and Mathur in their individual and official capacities. They were found to have violated the Establishment Clause in their individual capacities only, Vogt said.
"It was a mistake," Vogt said. "The court found that they are not likely to be repeated and were one time in nature."
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The attorneys for both parties will meet with the judge for a mandatory settlement conference on Feb. 17. If no settlement is reached, Klausner may issue his final judgment in the case. It was not immediately clear when the judgment would be issued.
Khan said she plans to appeal the portion of the case her clients lost. Vogt would not comment on whether college or district officials would appeal the case, calling the decision "premature" since final judgment has not yet been rendered.
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