AG Paxton Intervenes In Lawsuit Against Montgomery County JP.

WILLIS, TX — Texas Attorney General Ken Paxton has filed a motion to intervene in a federal lawsuit filed earlier this year against Montgomery County Justice of the Peace Wayne Mack for his use of prayer in the courtroom.

Paxton, who filed the motion on behalf of the Texas Commission on Law Enforcement on Wednesday, announced the legal proceedings in a press release.

"The lawsuit against Judge Mack is an affront to religious liberty and yet another attempt to push religious expression from public life," Paxton said in his statement. "The Commission’s prayer practice, like Judge Mack’s courtroom prayer, is completely consistent with our nation’s history of protecting religious expression."

After Paxton filed the motion, attorneys representing Mack, and officials from the First Liberty Institute filed a motion to dismiss the case.

"If the Supreme Court, Congress, and cities and towns across the country can open their meetings with an invocation, then Judge Mack can certainly do so," said Hiram Sasser, Deputy Chief Counsel for First Liberty Institute. "Judge Mack simply allows chaplains from all faiths to provide invocations in the same manner recently approved by the United States Supreme Court."

Read Also: Montgomery County JP Court Prayer Brings Lawsuit

Earlier this year, the Freedom from Religion Foundation and three anonymous individuals filed a federal lawsuit against Mack, stating he is violating the U.S. Constitution, and that he used to the practice to scrutinize his courtroom.

Mack said news of the lawsuit was a surprise, because all religious faiths have been welcomed to particiate before the start of each court session.

"I was stunned to learn that I had been sued because I provide the opportunity for chaplains
from all faith traditions to offer an invocation," Mack said in a statement. "I look forward to putting this behind me so I can get back to the important business of serving the citizens of Montgomery County."

"Prayer is a cornerstone of this country and our community, and it has played a key role in the founding of this great nation," Doyal said. "I unapologetically stand with Judge Mack and encourage my fellow commissioners to do the same. I am very thankful for Texas Attorney General Ken Paxton's clear opinion in support of Judge Mack's practice of courtroom prayer and his chaplaincy program."

Since 2015, Mack had received complaints from the Freedom from Religion Foundation concerning the official prayers.

In response to these complaints, both the Commission on Judicial Conduct and Lt. Gov. Dan Patrick requested attorney general's opinions regarding the practice. The AG's Office issued its opinion on courtroom prayer in August 2015. Its conclusion reads:
"A Justice of the Peace does not violate the Establishment Clause by opening a court session with the statement "God save the State of Texas and this Honorable Court."

"A court would likely conclude that a Justice of the Peace's practice of opening daily court proceedings with a prayer by a volunteer chaplain as you describe is sufficiently similar to the facts in Galloway such that the practice does not violate the Establishment Clause.

"A court would likely conclude that the volunteer chaplain program you describe, which allows religious leaders to provide counseling to individuals in distress upon request, does not violate the Establishment Clause."

Judge Mack opens each courtroom session with a prayer by a Justice Court Chaplain, followed by the Pledge of Allegiance to the U.S. and Texas flags. Those in the courtroom are informed in advance of the practice and told they are free to excuse themselves if they do not wish to participate. He also has implemented a volunteer chaplain program.

Judge Doyal said: "As Ronald Reagan once said, 'The Constitution was never meant to prevent people from praying; its declared purpose was to protect their freedom to pray.'"

Photo courtesy of Montgomery County