U.S. District Judge Gray H. Miller said the Freedom From Religion Foundation argued against Perry's involvement based merely on feelings of exclusion, but did not show sufficient harm to merit the injunction they sought.Disagree with rulings like this in general, whether on freedom of religion First Amendment issues, or on warrantless wiretapping First Amendment issues. It puts an undue burden of proof on a plaintiff who doesn't have sufficient knowledge to cross that threshold.
That said, Tricky Ricky said he was just like Obama:
“My prayer is that the courts will find that the first amendment is still applicable to the governor no matter what they might be doing and that what we've done in the state of Texas or what we've done in the governor's office is appropriate,” he said. “It's no different than what George Washington or Abraham Lincoln or President Truman or President Obama have done.”That said, previous rulings on the National Day of Prayer were wrong for similar reasons.
More here on the decision.
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