Montgomery County JP Court Prayer Brings Lawsuit

WILLIS, TX -- A group comprised of three anonymous attorneys and the Freedom from Religion Foundation have filed a federal lawsuit against Montgomery County Justice of the Peace Wayne Mack for his use of prayer in the courtroom.

According to court documents, Mack is alleged to have violated separation of church and state by holding what is described as a prayer meeting in the courtroom before cour each day. (Sign up for Patch’s daily newsletter for your neighborhood.)

A sign outside the courtroom says that it is the tradition of the court to hold a brief ceremony that includes an invocation, and that anyone not wishing to participate may wait until the ceremony is concluded.

However, representatives from the Freedom from Religion Foundation said Mack uses that time to scrutinize the reactions of those inside the courtroom.

According to the lawsuit, "Judge Mack has created the unambiguous impression that he, acting in his official capacity as Justice of the Peace for Montgomery County, endorses religion over non-religion and Christianity over all other faiths.”

Despite the lawsuit, Mack has received support from officials outside Montgomery County, including Attorney General Ken Paxton, who in 2015 issued an opinion that Mack's courtroom prayer and chaplaincy program are not unconstitutional.

On Wednesday, Paxton issued a statement supporting Mack and his program.

"Judge Mack is fully complying with the Constitution by adhering to the model for opening prayers the Supreme Court endorsed just a few years ago," Paxton said in his statement. "The Freedom from Religion Foundation's quest is to expunge any vestige of religion from public life flies in the face of the Supreme Court's holdings."

Mack declined to comment.

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