Court refuses to block prayer at Chicago's Sept. 11 ceremony
By The Associated Press
09.11.02
CHICAGO — A federal judge yesterday refused to halt the planned reading of a prayer at Mayor Richard M. Daley's public gathering today to remember the terrorist attacks of last Sept. 11, rejecting an atheist's claim that the prayer is unconstitutional.
"The reading of the prayer, ringing of bells and location of the ceremony do not constitute excessive entanglement of government and religion," U.S. District Judge Charles R. Norgle Sr. said yesterday.
Norgle in a 12-page opinion said "there is an undeniable religious aspect to ceremonies such as this, for people often seek solace in religion after events as horrific as Sept. 11."
"These religious aspects, however, occur separately and apart from any governmental action," the judge said. He noted the prayer has been written by religious leaders, not the city, and the ceremony is privately funded.
Clint Harris, 49, an unemployed former resale shop proprietor, had sued, saying that as an atheist he was offended by the prayer.
Harris was recruited to file the lawsuit by Rob Sherman, an atheist activist who is not a Chicago resident and thus lacked standing to sue.
The Chicago Tribune reported today that Sherman claimed victory after the ruling, saying the city had altered plans to make the prayer the centerpiece of the ceremony. The newspaper quoted Sherman as saying that with the prayer "one component of many" in the ceremony, "it lessens the offensive constitutional element."
The city plans to start the ceremony at 11:45 a.m. today on the anniversary of the terrorist attacks on the World Trade Center and the Pentagon. Plans call for starting the event with three minutes of silence.
Besides "The Chicago Prayer of Unity, Remembrance and Hope," the program calls for bell ringing and the reading of poetry by John Donne, William Wordsworth and Maya Angelou as well as excerpts from President Theodore Roosevelt's inaugural address.
Actor Gary Sinise is to be master of ceremonies for the event, which is to be held in Daley Center Plaza, adjacent to Cook County courts and half a block from City Hall.
Cardinal Francis George and other religious leaders — Protestant, Jewish, Muslim and Hindu — planned to attend.
Richard Grossman, Harris' attorney, said he lacked time to file an appeal before the start of today's proceedings and thus "it looks like this city is going to have its religious service."
Grossman took issue with Norgle's ruling, saying: "This is a religious service with some secular aspects. The judge casts it as a secular service with religious aspects."
Mardell Nereim, Chicago's chief assistant corporation counsel who argued the case for the city, said the outcome was not a surprise.
"We felt confident that it was constitutional," she said.
Grossman, however, said he might eventually amend the complaint and take the case to the 7th U.S. Circuit Court of Appeals to try to stop prayers at any future Sept. 11 remembrances.