One of the serious issues facing Bible believing Christians in America today is their right to continue praying in Jesus’ name in public.  Particularly at risk is a Christian’s right to pray in Jesus’ name at legislative meetings such as city councils, county commissions, and state legislatures.  Some private groups like professional organizations, condo associations, or community children’s clubs are also unnecessarily deciding to censor their own speech and ban prayer in Jesus’ name at private meetings or luncheons.  Such censorship is not legally required!

The Christian Law Association has been active for several years in defending legislative bodies and private groups that want to continue allowing prayer in Jesus’ name.  We have seen this problem continue to worsen as legislative bodies are now being threatened with lawsuits if they allow this long-standing prayer tradition to continue.  Private groups do not face lawsuits; but some of them are banning these prayers just because they are afraid of possibly offending non-Christians.  It is interesting that most of those who want to ban prayers in Jesus’ name do not call for similar bans on Muslim prayers to Allah.

The United States Supreme Court has never addressed the issue of whether a legislature can legally allow prayers in Jesus’ name, yet legislators around the country are falsely being told that such prayers violate the First Amendment Establishment Clause (sometimes called the “separation of church and state”).  In the case of private organizations, “political correctness” is the only motive for banning such prayers because private groups can make their own rules without fear of “separation of church and state” lawsuits.

Is this what America’s Founders had in mind?  Absolutely not.

Let’s first look at the legal problem and then we’ll see what our founding fathers thought about using Jesus’ name in public prayers.
So What’s The Problem?

When legislatures or private groups censor prayers in Jesus’ name, pastors and other Christians who believe their prayers should be offered in Jesus’ name are treated like second-class citizens and are prohibited from participating in this important American tradition.  These Christians cite to verses like the following:

And whatsoever ye shall ask in my name, that will I do. -John 14:13(a)

If ye shall ask any thing in my name, I will do [it]. -John 14:14

Whatsoever ye shall ask the Father in my name, he will give you. -John 16:23(b)

Attorneys for CLA do not believe it is the business of government to censor prayers or to exclude certain Bible-believing Christians from being allowed to participate in the important American tradition of legislative prayer.  It seems to us that this is exactly the sort of government intrusion into religion that the First Amendment seeks to avoid.  One of the most important rights of American citizens is their right to practice their faith without government interference.

CLA is also receiving an increasing number of telephone calls about private associational groups who are not covered by the Constitution or by any legal principles of “separation of church and state.”  It is nonsense for these private groups to ban public prayers in Jesus’ name.  The law does not require such voluntary self-censorship.  There is no constitutional right not be offended in America.

When the name of Jesus is censored in public prayers, our CLA attorneys believe it is the rights of Bible-believing Christians that are being violated.  Our Constitution gives everyone the right to freedom of speech and freedom of religion.  Yet some lower courts today are seriously entertaining the outlandish notion that the Constitution requires banning prayer in Jesus’ name.  How can this happen in a nation that was founded to protect religious liberty and free speech rights for everyone?

The Legal Question

Those in our legal system who are seeking to ban prayer in Jesus’ name in legislatures, city councils, and school boards, etc., are arguing that the Constitution requires that all public prayers be offered only to a generic, civil God.  They claim that merely closing a legislative prayer “in Jesus’ name” is an establishment of religion by the government in violation of new legal principles of “separation of church and state.”  They claim all prayers in Jesus’ name are proselytizing and offensive.  This is national insanity.  The Constitution has never required the government to order Christians who want to pray in public to follow only one particular prayer formula or be excluded from this important legislative tradition.  In fact, prayers in Jesus’ name have been offered at all sorts of legislative meetings and public gatherings for hundreds of years and no court has ever before decided that this practice might be governmental coercion or an establishment of a state religion.

CLA has been arguing for years that banning prayer in Jesus’ name is a violation of free speech rights and the right to free exercise of religion.  In fact, we believe that the government is really establishing a religion when a legislature or city council bans prayers in Jesus’ name and requires everyone to pray only to a generic, civil God.  The people who attempt to ban prayers in Jesus’ name in public as being offensive give away their true agenda when they do not also object to Muslims praying to Allah.  The Bible tells us that Jesus will be an offense and a stumbling block.  But this is America, a nation that was founded on Biblical principles!

No observer who is familiar with the context and history of American legislative prayer could reasonably assume that the government is establishing or advancing any one particular religion when it merely permits Christian city council members or volunteer pastors to pray in the manner required by their particular Biblical faith, even if they offer prayers “in Jesus’ name.” 

CLA agrees with U.S. Supreme Court precedent that legislative prayers should not be used to proselytize or to denigrate other religions, but it is ridiculous and unreasonable to think that merely closing a prayer in Jesus’ name would have that effect.  American citizens are expected to be tolerant of everyone’s religious faith.

The Historical Facts

Any legislative body or private associational group that bans prayer in Jesus’ name is ignoring important historic facts.  The historical fact is that most private associations and clubs in America were originally founded by Christians.  Alexis de Tocqueville, when he visited America in 1831, believed that these private groups were the backbone of American life.  When did Christians turn over these private groups to politically correct leaders who are now offended by merely hearing Jesus’ name in public?  Christians need to take back control of these organizations and restore sanity to our nation.  Certainly, when Christians regain control of these private organizations, they should not discriminate against those of other religious faiths.  But that is not the problem today.  The problem today is discrimination against Christians who dare to use the name of their Lord and Savior in public.

As for legislative prayers, in the 400 years since Christian settlers first came to this land and for the more than 200 years since America’s Constitution was adopted, legislative prayers have always been offered in Jesus’ name.  Only recently has anyone even thought of suggesting that closing a prayer is Jesus’ name is somehow illegal or proselytizing and offensive.
 

Continued in Part Two:  What Did America’s Founders Say in Their Prayers?  And,  Tips for Pastors Who Want To Pray in “Jesus Name”.