Idaho Atheists win in U.S. District Court (Oh yes!)

As discussed in a diary yesterday, the Idaho Atheists sued Governor Dirk Kempthorne (R) and a member of the State Capitol staff in U.S. District Court in Boise to enjoin the favoritism showed by the State to proponents of the National Day of Prayer.

See below for more

The above link to yesterday's diary provides more detail, but briefly, the Idaho Atheists had reserved the front steps of the Capital Building for a rally on the National Day of Prayer.  When the Governor found out about this "travesty" the Atheists were bumped in favor of the "public pray-ers."

This morning, the Idaho Statesman reports that U.S. District Court Judge Lynn Winmill ruled in favor of the Atheists:  

In court Wednesday, Deputy Attorney General Jim Carlson maintained Mason has a standing policy to reserve the steps for the National Day of Prayer -- recognized annually as the first Thursday in May -- and other annual events. But Carlson could not cite another example of when the policy is used when pressed by Winmill.

"There's no example of when it's been enacted either on the National Day of Prayer or on any other day of the year," Winmill said before ruling.

And Randall Tigue, attorney for the atheists, pointed out that prayer organizer Jim Hughes did not think his group had a standing reservation. Hughes filed paperwork March 17 to use the front steps today, Tigue said.

In a phone message to Harrington, Hughes acknowledged, "We messed up this year by not getting our paperwork in prior to the time you did."

Hughes statement was the "frosting on the cake," Tigue said. "Each and every year, they made a separate call and a separate reservation."

Before deciding the case, Winmill made a point of saying he was not finding there was any conspiracy to deprive the atheists group of their rights. He also said that because Harrington's lawsuit was filed Tuesday, it did not leave the state much time to gather evidence. That leaves the possibility that new evidence could prompt Winmill to change his ruling, but not before today's events.

I was unable to find any link to the decision itself, so am unable to provide much detail regarding the basis on which the case was decided.  However, it is apparent from the context of the article and the language of the Judge that the decision was based upon the rules governing use of the Statehouse steps, and not upon any violation of the Idaho Atheists' First Amendment rights.

Despite the basis of the ruling, this appears to be a "win" for the continued (hopefully) separation of church and state.  However, this IS Idaho, and, mark my words, there WILL be fallout from this . . . .   In the next legislative session beginning in January, 2006, I wouldn't be too surprised to see the wingnuts that inhabit the legislative chambers pass some statute in favor of using the Statehouse steps for the National Day of Prayer every year.  This thing ain't over yet . . .