For some reason, I’m getting annoyed at the way the news is describing Speaker Bosma’s litigation efforts against the District Court’s ruling that he was violating the First Amendment rights of the citizens of Indiana by permitting sectarian prayer as part of the official business of Indiana’s House of Representatives.
A legal battle over the content of Statehouse prayer continues to escalate, as Speaker Brian C. Bosma has appealed a federal court ruling that restricts the content of prayers offered during Indiana House proceedings.
The thing is, he appealed the ruling back in December. No escalation has “continued.” He merely filed a court brief in the litigation he initiated when he filed the appeal. It’s entirely appropriate to describe the content of his brief, but it strikes me as vaguely sensationalist to describe the activity as somehow unusual or an elevation of the conflict. (Marcia Oddi at the Indiana Law Blog had a similar reaction.)
I haven’t read the brief, but from reading the news reports, Speaker Bosma’s central point seems to be unchanged. By ignoring the critical fact that the prayers at issue are government speech, he continues to insist that the First Amendment limits the rights of citizens against their government instead of vice versa.