Judge Gray H. Miller
U.S. District Court
Southern District of Texas

As expected, Gray H. Miller, U.S. District Judge for the Southern District of Texas,  dismissed Freedom From Religion Foundation, Inc.'s ("FFRF") Motion for Preliminary Injunction ("MPI") against Texas Governor Rick Perry for lack of standing. The Judge handed down the decision in a ten page Order  in Houston on Thursday after presiding over a hearing on the issues in the case earlier in the day.

Neither FFRF's Original Complaint nor its MPI sought to stop the Christian-oriented event called "The Response" set for August 6, 2011 at Houston's Reliant Stadium, but merely sought to prevent the Governor's appearance at the event, and to enjoin the Governor from participation in similar future events. FFRF's claims against the Governor were based upon the Establishment Clause of the Constitution's First Amendment and its application to individual states under the Fourteenth Amendment.

 The American Family Association ("AFA"), a co-sponsor of "The Response," filed a Motion to Dismiss and Brief in Support which  argued in favor of the Governor's participation in the event.  In short, the AFA's brief argued that FFRF lacked standing to bring suit and that Perry's participation in the event "Comport[ed] with the requirements of the Establishment Clause."

In citing the Court in FFRF's previous Establishment Clause lawsuit against President Obama filed in Wisconsin, (Original Filed in Wisc. Dist. Court), Judge Miller bluntly reiterated that "no one is obliged to pray...". The opinion further stated that "Whether in the official  proclamation, a statement made available in print or by video on a website, or otherwise, Governor Perry has done nothing more than invite others who are willing to do so to pray," summing up his Order with:

"The court notes that the plaintiffs are not without a remedy. Persons offended by an elected official’s speech are free to give voice to their feelings of offense and exclusion in a number of ways. They can choose not to attend and not to pray. They can also exercise their free speech rights and their right to vote, among others. Therefore, this court’s finding that plaintiffs lack standing is not a denial of a remedy—it is just a denial of remedy in the courts."

 FFRP and its lawyers are currently considering appealing the ruling to the 5th Circuit Court of Appeals, but have yet to give a definitve answer.