Whenever the city council of Boston meets, a speaker gives opening remarks: sometimes a sermon, sometimes a poem – but usually a prayer, as the majority of the speakers come from Christian organizations.
In 2016, the free speech group that styles itself the Satanic Temple asked to be included, offering to give an “invocation”. When it was denied, the group sued the city, arguing religious discrimination under the first amendment.
On Tuesday, an appeals court ruled against it, on the basis that the speakers usually have an established relationship with a council member and are deeply involved in their community, which the Satanic Temple – based in Salem, Massachusetts – did not show.
“Not every religious organization performing charitable work in any portion of the Boston community would receive an invitation to speak,” the court added.
The judges did, however, offer a “cautionary note” to the city council. Although it rejected the Satanic Temple’s claims, “it is clear that Boston’s customary invocation speaker is admittedly meant to serve the interest of incumbent city councilors”.
“Those interests could in the future lead to councilors favoring invitations only to those representing religious electoral majorities and explicitly proselytizing for those views or disparaging minority or unpopular groups,” the judges warned.
Lucien Greaves, co-founder of the Satanic Temple, told the Boston Globe that the ruling was a “flagrant disregard for fundamental constitutional principles”.
“The courts now tell us that technicalities permit public officials to stand outside of the law, and that religious liberty is dependent upon official support from corrupt public office holders,” he said.
The Satanic Temple was founded in 2013 as a group to fight the religious right and intolerance. It has filed lawsuits fighting prayer in the classroom, religious holiday displays and distribution of Bibles in schools. It has also advocated for abortion rights. Members say they do not believe in Satan in the literal sense but use Satan as a symbol against authoritarianism.