Texas Attorney General Releases Statement Supporting Justice of the Peace in Dispute with the Freedom From Religion Foundation.
March 23, 2017) Montgomery County, Texas includes many of the suburbs north of the City of Houston in the Southeast part of the state. A Justice of the Peace there, Wayne Mack has a guest chaplain program. These volunteers offer support and counsel at the scene of death investigations. These volunteers are also called upon to lead a brief prayer at the beginning of Judge Mack’s court proceedings.
Last year Texas Lieutenant Governor Dan Patrick asked the Attorney General for a legal opinion on Judge Mack’s practices. It is worth noting that Lt. Governor Patrick has always enjoyed a large amount of support from Texas’ Pro Family/Christian Conservative movement. So it is likely that he requested the opinion to grant Judge Mack a degree of legal cover, not to stop the practices. In August of last year AG Paxton released opinion KP-0109. In this six page opinion AG Paxton held that Judge Mack’s actions were in line with the U.S. Supreme Court decision in Town of Greece V. Galloway, and other precedents, and therefore were not in violation of the state of federal constitutions.
On this past Tuesday March 21st. The Freedom From Religion Foundation filed suit against Judge Mack seeking to end his use of chaplains. Paxton responded the following day with an official statement saying
“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,” Attorney General Paxton said. “The Freedom from Religion Foundation’s quest to expunge any vestige of religion from public life flies in the face of the Supreme Court’s holdings. I am confident our courts will follow years of precedents and not indulge a litigious group’s plea to rewrite the Constitution.”