Van Zandt v. Thompson

839 F.2d 1215, 1988 WL 12443
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 29, 1988
DocketNo. 87-1018
StatusPublished
Cited by20 cases

This text of 839 F.2d 1215 (Van Zandt v. Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Zandt v. Thompson, 839 F.2d 1215, 1988 WL 12443 (7th Cir. 1988).

Opinion

CUDAHY, Circuit Judge.

Plaintiffs brought a lawsuit challenging the validity and seeking to prevent the implementation of House Resolution 408 (“H.R. 408”), passed in May 1985 by the Illinois House of Representatives. The Resolution authorized the establishment of a “prayer room” in the Illinois State Capitol Building in Springfield, Illinois, a place . for “prayer and meditation, primarily for the use of the members of the General Assembly.” The district court granted plaintiffs’ motion for summary judgment holding, inter alia, that H.R. 408 was unconstitutional under the establishment clause of the first amendment to the United States Constitution. The court granted declaratory and permanent injunctive relief in favor of the plaintiffs. We reverse.

I.

In May 1985, Michael Madigan, speaker of the Illinois House of Representatives, introduced legislation, designated House Resolution 408, which provided for the conversion of a hearing room in the Illinois State Capitol Building (“the Capitol”) into a prayer room. Shortly thereafter, H.R. 408 was adopted by the full House. The Resolution directed the Legislative Space Needs Commission to “make available a room with facilities for prayer and meditation, primarily for the use of the members of the General Assembly.”

The Resolution tries to put the religious facet of the proposal in perspective by enumerating religious observances and allusions to God in public life. Specifically, the Resolution points to prayers offered by military and legislative chaplains, to language in the Gettysburg Address, in the Preamble to the Illinois Constitution and in a pledge of allegiance taken by Illinois legislators, and to mottoes on United States coins and stamps. In addition, the Resolution describes the prayer room that Congress established in the United States Capitol in 1955. H.R. 408, paras. 1-4, 12. Against this general background, the Resolution describes the origins of the proposal for a prayer room in the state capital. According to the Resolution, the idea was conceived by some General Assembly members who had been meeting for Bible study and prayer breakfasts as a “quiet and special [1217]*1217place, where [the] members of the [General Assembly] may seek God, the comfort of His presence, the light of His guidance, and the strength of His love.” Id. at para. 13. The Resolution acknowledges state constitutional prohibitions on the expenditure of state funds for sectarian or other than public purposes, but anticipates avoiding these strictures by making the room nonsectarian and assuring its availability to all the people of the state. Id. at paras. 10-11. To alleviate any remaining fiscal objections, the Resolution contemplates that private donations will be raised to cover the cost of renovating and maintaining the room. Id. at paras. 11, 15.

The Legislative Space Needs Commission has met to plan for the prayer room, and approved the recommendation of a special subcommittee (created by H.R. 408) that the prayer room be established in Room 122A of the Capitol. No specific plans for furnishing or decorating the room have yet been adopted. The Commission has, however, discussed hiring an architect and the possibility of installing pews.

On February 6, 1986, the plaintiffs filed an action in district court challenging the endorsement, establishment and maintenance of a prayer room in the Capitol and seeking declaratory and injunctive relief against the defendants under the establishment clause of the first amendment of the United States Constitution and under article I, section 3 of the Illinois Constitution.

The parties filed cross-motions for summary judgment and the district court granted the plaintiffs' motion. The district court held H.R. 408 unconstitutional under the first and fourteenth amendments of the United States Constitution and article I, section 3 of the Illinois Constitution. The court entered a declaratory judgment invalidating H.R. 408 and a permanent injunction prohibiting any actions to establish a prayer room in the Capitol. In reaching this outcome the district court purported to apply the three-part test articulated in Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971).1 This appeal followed.

II.

The district court held and neither of the parties has disputed that Van Zandt has standing to sue since he is an Illinois taxpayer and since the proposed prayer room would arguably place economic burdens of various sorts on the State of Illinois and its taxpayers. Van Zandt v. Thompson, 649 F.Supp. 583, 587 (N.D.Ill.1986) (citing Marsh v. Chambers, 463 U.S. 783, 786 n. 4, 103 S.Ct. 3330, 3333 n. 4, 77 L.Ed.2d 1019 (1983)). Similarly, the district court held that the “Freedom from Religion Foundation, Inc.,” a Wisconsin not-for-profit corporation, has associational standing as a representative of its members who are Illinois taxpayers. Id. at 588 n. 4. These determinations appear to be correct and have not been challenged by any of the parties. We therefore accept them.

III.

Before discussing the merits, we should clarify the scope of our inquiry. This case presents us with a legislative resolution that combines both secular and religious justifications for converting a hearing room in the state capítol to a room for prayer and meditation. The prayer room, at present, is no more than a general plan. There is no indication of how the converted room will be furnished apart from a proposal to use pews that the state obtained prior to the enactment of H.R. 408 when it purchased a church near the Capitol. Nor is there any indication of the types of activities that will be conducted in this room. The Resolution and the preliminary steps taken by the Space Needs Commission are consistent with a broad range of eventualities, ranging from individuals meditating silently in a room entirely devoid of religious ornamentation to clergy conducting [1218]*1218denominational services in a chapel replete with sectarian trappings.

Our review at this stage is limited to the question of whether H.R. 408, considered together with the preliminary administrative actions taken to date, violates the establishment clause. In a system that appoints judges for life and empowers them to review the legality of legislation, a cardinal principle of judicial self-restraint dictates that they not “ ‘anticipate a question of constitutional law in advance of the necessity of deciding it.’ ” Ashwander v. Tennessee Valley Auth., 297 U.S. 288, 346, 56 S.Ct. 466, 482, 80 L.Ed. 688 (1936) (Brandeis, J., concurring) (quoting Liverpool, New York & Philadelphia S.S. Co. v. Emigration Comm’rs, 113 U.S. 33, 39, 5 S.Ct. 352, 355, 28 L.Ed. 899 (1885)). Even in free speech cases, where concerns about the chilling of protected expression have given rise to the doctrine of “substantial over-breadth,” see, e.g., Village of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 634, 100 S.Ct.

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Van Zandt v. Thompson
839 F.2d 1215 (Seventh Circuit, 1988)

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Bluebook (online)
839 F.2d 1215, 1988 WL 12443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-zandt-v-thompson-ca7-1988.