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On January 26, 2012, a few days before the presidential election in the United States, the American Humanist Association (AHA) filed a lawsuit against the City of Tucson, Arizona, in United States District Court for the Northern District of Arizona, seeking a declaratory judgment that the city’s ban on nonsectarian and secular prayer at government events violates the First Amendment to the United States Constitution.

The AHA filed suit along with the American Civil Liberties Union (ACLU) on behalf of four non-religious individuals, as well as the atheist organization Freedom From Religion Foundation (FFRF) who represented them in the case. The plaintiffs in the case seek declaratory relief on two related questions. The first question concerns whether the City’s ban on nonsectarian and secular prayer is enforced. And it addresses the second issue—whether the City’s ordinance imposes the burden on the exercise of religion required to justify such a ban.

The lawsuit seeks two things: (1) judgment as a matter of law that the city’s ban on prayer violates the Establishment Clause; and (2) declaratory relief as a matter of law that the prayers at the Tucson City Council meetings violate the First Amendment.

The City’s ban on nonsectarian and secular prayer is a clear violation of the Establishment Clause of the First Amendment to the U.S. Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In reaching its conclusion, the United States District Court’s ruling noted:

…[T]his case is about whether the City’s ban on religious expression at City Council meetings violates the First Amendment in every way possible. For this court to agree with the plaintiffs, the City is required to demonstrate that the ban impinges on a religious practice, that is, to demonstrate

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