District Court Rules Against Judge Wayne Mack's Prayer Policy

HOUSTON, TX — A U.S. District Court has ruled against Montgomery County Justice of the Peace for Precinct 1 Wayne Mack in a lawsuit challenging his practice of opening court with a prayer through his chaplaincy program.

The lawsuit was filed by the Freedom From Religion Foundation and an anonymous attorney that worked cases in Mack's courtroom from 2015-'17.

In his decision Friday, Southern District of Texas Judge Kenneth Hoyt stated that Mack's practice of having a volunteer chaplain open proceedings with a prayer violated the Establishment Clause of the Constitution, which prohibits the establishment of religion.

Hoyt's decision deemed that Mack's practice enables him, "before a captured audience of litigants and their counsel, ... to advance, through the Chaplaincy Program, God’s 'larger purpose.' Such a magnanimous goal flies in the face of historical tradition, and makes a mockery of both, religion and law."

Justin Butterfield, deputy general counsel at the First Liberty Institute, which represents Mack, said First Liberty Institute is going to appeal the ruling in the U.S. Fifth Circuit Court of Appeals, according to a report from the Conroe Courier.