A D.C. federal appeals court has ruled that the House of Representatives is within its rights to bar a self-described atheist from delivering secular prayers in the House chamber. The ruling, delivered on Good Friday, concerned Dan Barker, co-president of the Freedom from Religion Foundation, and his request to offer a secular invocation as a guest chaplain.
Father Patrick Conroy, the House chaplain, had previously declined Barker’s request. The court sided with Conroy, affirming the House’s prerogative to limit opening prayers to those of a religious nature. According to FOX News reporting, the court stated, “We could not order Conroy to allow Barker to deliver a secular invocation because the House permissibly limits the opening prayer to religious prayer. Barker has therefore failed to state a claim for which relief can be granted.”
The court further addressed Barker’s allegation that Conroy rejected him specifically “because he is an atheist.” While acknowledging this might be true, the court emphasized that the House’s requirement for religious prayers holds legal weight. The opinion stated, “In other words, even if, as Barker alleges, he was actually excluded simply for being an atheist, he is entitled to none of the relief he seeks.”
Article I, Section 5 of the Constitution grants both the House and Senate the power to “determine the rules of its proceedings.” The tradition of House and Senate prayers dates back to 1789. Both legislative bodies begin their sessions with a religious invocation, often delivered by Conroy in the House and Barry Black, the Senate chaplain.
The case highlights the ongoing tension between religious freedom and the separation of church and state, particularly within governmental institutions. The decision reinforces the right of the House of Representatives to maintain its historical practice of opening sessions with religious invocations, even if it excludes individuals with differing belief systems.
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