A federal appeals court has reopened a lawsuit challenging the practice of Christian prayer by the county commission in Rowan County, North Carolina.
In September, a three-judge panel upheld the commissioners' right to open meetings with prayer.
However, the 4th Circuit Court of Appeals decided that the case should be reviewed next year by a full 15-judge bench.
The case may be taken to the Supreme Court if the losing side makes another appeal.
Brett Harvey, senior counsel for the Alliance Defending Freedom, told the Charlotte Observer the real issue is that all Americans, "including public servants, should have the freedom to pray without being censored."
A lower court previously ruled that the practice of delivering almost exclusively Christian prayers at meetings was "unconstitutionality coercive."
U.S. District Judge James Beaty of Greensboro ruled that the prayers were improper because they were given by elected officials, and not by the public or visiting ministers, The Charlotte Observer reports.
"The First Amendment affirms the liberty of Americans to pray according to their consciences before public meetings," Harvey said. "For that reason, the 4th Circuit (panel) rightly upheld Rowan County's prayer policy, which is clearly constitutional."
The American Civil Liberties Union is representing three Rowan County residents and is leading the challenge.
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