Seven Simple Guidelines For Legislative Prayer

Mark E. Burkland is Partner in our Chicago office.

The U.S. Supreme Court on May 5, 2014, ruled in Town of Greece v. Galloway that local governments may start their regular meetings with a prayer in the nature of the invocations given before Congress. The various justices were sharply divided, however, on how that prayer should be delivered and what it may include. For a summary of the Court's decision and all five opinions in the case, see Holland & Knight's alert, "In Town of Greece, U.S. Supreme Court Affirms Constitutionality of Prayer at Town Meetings," May 7, 2014.

The following is a set of seven basic guidelines for local legislative prayer that fit the standards set by the majority of justices. There certainly is no guarantee that any set of guidelines will protect a governmental body against complaints or lawsuits, but approaching legislative prayer under these guidelines will help to reduce the legal risks.