NEWDOW et al v. ROBERTS et al

Filing 1

COMPLAINT against JOHN ROBERTS, JR, PRESIDENTIAL INAUGURAL COMMITTEE, JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES, DIANNE FEINSTEIN, ARMED FORCES INAUGURAL COMMITTEE, RICHARD J. ROWE, RICK WARREN, JOE LOWERY ( Filing fee $ 350, receipt number 4616017271) filed by ROBERT SHERMAN, MARGARET DOWNEY, AUGUST BERKSHIRE, MARIE CASTLE, STUART BECHMAN, MICHAEL NEWDOW, HERB SILVERMAN, JASON TORPY, HARRY GREENBERGER, KIRK HORNBECK, JIM CORBETT, CATHERINE LAMM, RICHARD WINGROVE, CHRISTOPHER ARNTZEN, JOHN STOLTENBERG, KATHERINE LACLAIR, ELLERY SCHEMPP, LOUIS ALTMAN, PAUL CASE, JERRY SCHIFFELBEIN, ANNE PHILIP, JAY RICHARDSON, DAN DUGAN, ANNA MAE ANDREWS, ELIZA SUTTON, RICHARD RESSMAN, AMERICAN HUMANIST ASSOCIATION, MEL LIPMAN, FREEDOM FROM RELIGION FOUNDATION, MILITARY ASSOICAITON OF ATHEISTS & FREETHINKERS, MINESOTA ATHEISTS, ATHEISTS FOR HUMAN RIGHTS, ATHEIST ALLIANCE INTERNATIONAL, ATHEISTS UNITED, NEW ORLEANS SECULAR HUMANIST ASSN, UNIVERSITY OF WASHINGTON SECULAR STUDENT UNION, SEATTLE ATHEISTS, ATHEISTS OF FLORIDA, DAN BARKER, EMMETT BELIVEAU, ANNIE-LAURIE GAYLOR. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Civil Cover Sheet)(td, )

APPENDIX B Inaugural Clergy, 1937-2005
(1) January 20, 1937 inaugural of Franklin D. Roosevelt1 Invocation by: Benediction by: Chaplain ZeBarney Phillips Father John A. Ryan

(2) January 20, 1941 inaugural of Franklin D. Roosevelt 2 Invocation by: Benediction by: Chaplain ZeBarney Phillips Father Michael J. Ready

(3) January 20, 1945 inaugural of Franklin D. Roosevelt3 Invocation by: Benediction by: Bishop Angus Dun Monsignor John A. Ryan

(4) January 20, 1949 inaugural of Harry S. Truman4 Invocation by: Prayer by: Benediction by: Rev. Edward Hughes Pruden Rabbi Samuel Thurman Father Patick A. O'Boyle

(5) January 20, 1953 inaugural of Dwight D. Eisenhower5 Invocation by: Prayer by: Prayer by: Benediction by:
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Father Patrick A. O'Boyle Rabbi Abba Hillel Silver President Eisenhower6 Rev. Henry Know Sherrill7

Medhurst MJ. "God Bless the President: The Rhetoric of Inaugural Prayer." (The Pennsylvania State University, 1980). (Available on microfilm from University Microfilms International, Ann Arbor, MI (800-521-0600). At 97 et seq. Father Ryan prayed, ""through Christ our Lord." 2 Id. at 115 et seq. Chaplain Phillips prayed, "In the name of Him who is the Prince of Peace, Jesus Christ, Thy Son, Our Lord. Amen." Father Ready prayed, "In the name of the Father, and of the Son, and of the Holy Ghost ... Through Jesus Christ our Lord." 3 Id. at 133 et seq. Monsignor Ryan prayed, "In the name of the Father, and of the Son, and of the Holy Ghost ... Through Jesus Christ our Lord." 4 Id. at 171 et seq. Rev. Pruden prayed, "Through Jesus Christ, Our Redeemer, we pray." 5 Id. at 210 et seq. Father O'Boyle prayed, "In the name of the Father, and of the Son, and of the Holy Ghost" 6 At his 1953 inauguration, President Eisenhower became "the first president in history to utter a public prayer at his own inauguration." Id. at 201. His atheistic constituency was obviously invisible to the President, who claimed "our common faith in God is a common bond among us." Public Papers of the Presidents of the United States: Dwight D. Eisenhower, 1954, p. 244.

(6) January 21, 1957 inaugural of Dwight D. Eisenhower8 Invocation by: Prayer by: Prayer by Benediction by: Rev. Edward L. R. Elson His Eminence Michael Rabbi Louis Finkelstein Edward Cardinal Mooney

(7) January 20, 1961 inaugural of John F. Kennedy9 Invocation by: Prayer by: Prayer by Benediction by: Richard Cardinal Cushing His Eminence Iakovos John Barclay Rabbi Nelson Glueck Lyndon B. Johnson10

(8) January 20, 1965 inaugural of Invocation by: Prayer by: Prayer by Benediction by:

Archbishop Robert E. Lucey Rabbi Hyman Judah Schachtel Rev. Dr. George R. Davis His Eminence Iakovos

(9) January 20, 1969 inaugural of Richard M. Nixon11 Invocation by: Prayer by: Prayer by Prayer by Benediction by: Rev. Charles Ewbank Tucker Rabbi Edgar F. Magnin His Eminence Iakovos Rev. Billy Graham Archbishop Terence J. Cooke

Rev. Sherrill ­ who gave the shortest inaugural prayer ever ­ stated, "I think it's absurd to have all those prayers and I think it's a bore. I think it's bad for religion." Medhurst, at 230. 8 Id. 235 et seq. Rev. Elson prayed, "through Jesus Christ, our Lord." His Eminence Michael prayed, "Thy dear Son, Jesus Christ, our Lord." Cardinal Mooney prayed, "through Christ, our Lord." 9 Id. at 288 et seq. Cardinal Cushing ­ who invoked the Father, Son and Holy Spirit ­ spoke for twelve minutes. Combined, all the prayers lasted twenty-eight minutes ... more than twice the length of President Kennedy's address! His Eminence Iakovos prayed, "In the name of the Father, and of the Son, and of the Holy Ghost." 10 Id. at 357 et seq. Rev. Dr. Daviss' prayer referenced "the Prince of Peace." His Eminence Iakovos ­ prayed, "in the name of the Father, and of the Son, and of the Holy Ghost, the lifegiving Trinity." 11 Id. at 407 et seq. Rev. Tucker prayed, "in the name of the Father, and of the Son, and of the Holy Ghost." His Eminence Iakovos prayed, "to the Father, to the Son, and to the Holy Spirit." Rev. Billy Graham referenced the "Prince of Peace."

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(10) January 20, 1973 inaugural of Richard M. Nixon12 Invocation by: Rev. E.V. Hill Prayer by: Rabbi Seymour Siegel Prayer by His Eminence Iakovos Benediction by: Archbishop Terence J. Cooke (11) January 20, 1977 inaugural of James E. Carter13 Invocation by: Rev. William Cannon Benediction by: Rev. John R. Roach (12) January 20, 1981 inaugural of Ronald W. Reagan14 Invocation by: Rev. Donn. Moomaw Benediction by: Rev. Donn. Moomaw (13) January 21, 1985 inaugural of Ronald W. Reagan15 Invocation by: Rev. Timothy S. Healy Prayer by: Rabbi Alfred Gottschalk Prayer by: Rev. Donn. Moomaw Benediction by: Rev. Peter Gomes (14) January 20, 1989 inaugural of George H. W. Bush16 Invocation by: Rev. Billy Graham Benediction by: Rev. Billy Graham
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Id. at 443 et seq. Rev. Hill prayed, "in the name of our Lord and Saviour Jesus Christ." His Eminence Iakovos prayed, "Oh Triune God, Father, Son and Holy Spirit." 13 Id. at 496 et seq. "Instead of the traditional four clerics representing four religious groups, Carter opted for only two pray-ers. The reason for this change was personal and religious, yet it had political ramifications. Excluded groups felt as though they had been cheated, mistreated, and discriminated against. By violating one traditional restraint of the rhetoric of inaugural prayer, Carter alienated two large religious groups." Id. at 518. Rev. Cannon prayed, "In the name of Jesus Christ, Thy Son and our Savior." 14 127 Cong. Rec. 540-543 (97th Cong., 1st Sess). Rev. Moomaw prayed, "in the name of the Lord of lords and King of kings, even Jesus Christ." Additionally, the U.S. Marine Band played God of Our Father. President Reagan, himself, included in his inaugural address: "We are a nation under God, and I believe God intended for us to be free. It would be fitting and good, I think, if on each Inauguration Day in future years it should be declared a day of prayer." Id. at 542. 15 131 Cong. Rec. 630-633 (99th Cong., 1st Sess). The U.S. Marine Band played The God Who Gave Us Life. Rev. Moomaw prayed, "in the name of the King, even Jesus Christ our Lord." President Reagan ­ commemorating the passing of Rep. Gillis Long of Louisiana ­ asked the audience to engage in a moment of silent prayer: "... let us stand as one today: One people under God." 16 135 Cong. Rec. 303-306 (101st Cong., 1st Sess.). Rev. Graham prayed, "in the name of the Father, the Son, and the Holy Spirit" in the Invocation. The U.S. Army Band played God Bless America. President Bush stated, "My first act as President is a prayer. I ask you to bow your heads: Heavenly Father, we bow our heads and thank You for Your love ..."

(15) January 20, 1993 inaugural of William J. Clinton17 Invocation by: Rev. Billy Graham Benediction by: Rev. Billy Graham (16) January 20, 1997 inaugural of William J. Clinton18 Invocation by: Rev. Billy Graham Benediction by: Rev. Gardner C. Taylor (17) January 20, 2001 inaugural of George W. Bush19 Invocation by: Rev. Franklin Graham Benediction by: Pastor Kirbyjon H. Caldwell (18) January 20, 2005 inaugural of George W. Bush20 Invocation by: Rev. Luis Leon Benediction by: Pastor Kirbyjon H. Caldwell

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139 Cong. Rec. 383-85 (103rd Cong., 1st Sess.). The Philander Smith Collegiate Choir sang City on the Hill. Rev. Graham prayed to "the Prince of Peace" in the Invocation, and "[i]n the name of the Father and of the Son and of the Holy Spirit" in the Benediction. 18 143 Cong. Rec. 4, S119-22 (January 21, 1997). Additionally, the Immanuel Baptist Church Sanctuary Choir sang "The Battle Hymn of the Republic." Rev. Graham prayed, "in the name of the Father, the Son, and the Holy Spirit." 19 147 Cong. Rec. 7, S423-23. (January 22, 2001). Rev. Graham prayed, "in the name of the Father, and of the Son, the Lord Jesus Christ, and of the Holy Spirit." Pastor Caldwell prayed, "in the name that's above all other names, Jesus the Christ." 20 151 Cong. Rec. 3, S101-05. (January 20, 2005). Pastor Caldwell concluded, "I humbly submit this prayer in the name of Jesus Christ. Amen."