1 in the United States District Court
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRIAN FIELDS, PAUL TUCKER, DEANA WEAVER, SCOTT RHOADES, JOSHUA NEIDERHISER, PENNSYLVANIA Civil Action NONBELIEVERS, INC., No. ________________________ DILLSBURG AREA FREETHINKERS, and COMPLAINT LANCASTER FREETHOUGHT SOCIETY, Plaintiffs, v. SPEAKER OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES, PARLIAMENTARIAN OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES, and REPRESENTATIVES FOR PENNSYLVANIA HOUSE DISTRICTS 92, 95, 97, 193, and 196, all solely in their official capacities, Defendants. Introduction 1. In Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), the U.S. Supreme Court affirmed that governmental entities may open their meetings with invocations that typically have theistic content. But the Court also ruled that 1 governmental bodies must “maintain[] a policy of nondiscrimination” in deciding who may present invocations, and that the relevant policies or practices must not “reflect an aversion or bias . against minority faiths.” Id. at 1824. Thus, in upholding the invocation practice of the town at issue, the Court emphasized that the town’s “leaders maintained that a minister or layperson of any persuasion, including an atheist, could give the invocation.” Id. at 1816. 2. Since the Supreme Court’s decision, numerous governmental bodies across America have allowed nontheists—atheists, agnostics, Secular Humanists, and others who do not believe in a deity—to give opening invocations at governmental meetings. Yet the defendant officials of the Pennsylvania House of Representatives have repeatedly rejected requests from nontheists to give opening invocations at the House’s daily legislative sessions. The defendants have implemented a policy that permits only people who hold theistic religious beliefs to give the opening invocations.
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