Rubin

Objecting to an invocation given at a Burbank City Council meeting which ended with an expression of gratitude and love “in the name of Jesus Christ,” plaintiffs sought and were granted injunctive and declaratory relief against the city. The trial court ruled that the inclusion of “sectarian prayer” in city council meetings violated the establishment clause of the United States Constitution and enjoined the city from allowing sectarian prayer at city council meetings. The trial court also ordered the city to “advise anyone conducting a prayer as part of the city council meeting that sectarian prayers are not permitted.” The city has appealed and contends the judgment is “contrary to a firmly established body of constitutional jurisprudence that holds that the practice of legislative invocations which do not proselytize, promote or disparage any single religion” do not violate the establishment clause of the First Amendment. The city further contends that the court order amounts to unconstitutional censorship and viewpoint discrimination.

Because we conclude the invocation violated the establishment clause of the First Amendment of the United States Constitution under…