Hinrichs, Anthony v. Speaker House Rep IN

RIPPLE, Circuit Judge.

This matter is before the court on the motion of the appellant for a stay pending his appeal to this court. The underlying action was brought by four Indiana taxpayers against the Speaker of the Indiana House of Representatives. In their complaint, they contended that the House’s practice of opening its proceedings with overtly sectarian prayer, usually Christian, *395violates the Establishment Clause of the First Amendment. After a bench trial, the district court issued a declaratory judgment that Indiana’s practice is unconstitutional and permanently enjoined the Speaker…