Invocation Policy That Excludes Non-Theists Is Unconstitutional

In Williamson v. Brevard County, (MD FL, Sept. 30, 2017), a Florida federal district court held that the invocation practices of the Brevard (FL) Board of County Commissioners violate the Establishment Clause as well as free speech, free exercise, equal protection and various state constitutional provisions.  County Commissioners take turns inviting clergy or others to deliver an invocation at the beginning of each board meeting.  Commissioners, however, will only invite representatives of the faith-based community.  Non-theists may not deliver invocations, though they may speak during the public comment portion of a Board meeting.  The court, in a 69-page opinion, held:Although the County contends that its invocation practice passes constitutional muster under Town of Greece, the Supreme Court’s opinion in that case cannot be read to condone the deliberate exclusion of citizens who do not believe in a traditional monotheistic religion from eligibility to give opening invocations at County Board meetings. Neither Town of Greece nor any other binding precedent supports the County’s arguments, and none of the County’s asserted justifications for its practice holds water….For a governmental entity to require, or attempt to require,