B. The Specific Prayer Given
While it is clear that plaintiff abhors the thought of any inaugural prayer, it is less clear (hat lie would advocate a back-up argument- that the .specific prayer oHcrcd at (lie inauguration violated the Establishment Clause. The complaint and opposition to the motion to dismiss are of two minds. At one point, plaintiff asserts that he is a minister of a religion that "specifically denies the existence of God." Paragraph 30. Plaintiff does not ask for tailored relief, rather, plaintiff seeks the future exclusion of any clergyman [saying prayers] at the Presidential inauguration. In his opposition to the motion to dismiss, plaintiff asserts at one point (p.35 n.30): "Plaintiff denies that any prayer can be 'nonsectarian'..." At hearing, plaintiff initially made it clear that he sought the abolition of an inaugural prayer regardless of its sectarian or non-sectarian nature.
On the other hand, the complaint does make reference to the specifics of the prayer given by Rev. Franklin Graham (son of the Rev. Billy Graham), e.g., "By stating the prayer was 'in the name of the father, and of the son, the Lord Jesus Clirist, and of the Holy Spirit, the prayer further excluded theistic non-Christians." Paragraph 15.5 The prayer (attaclied to the complaint) also included: "May this be the beginning of a new dawn for America as we humble ourselves before you and acknowledge you alone as our Lord, our Savior and our Redeemer." The opposition to the motion to dismiss does stress at times the nature of the wording of the specific prayer offered at the inauguration. Finally, at hearing, plaintiff did slip back into an attack on the words of the prayer itself after he had seemingly, unequivocally asserted that he was not complaining about the words of the prayer.
Defendant does not recognize any ambiguities, but treats tlie issue herein as only being one of any prayer at all at the inauguration. Thus, there is no argument made by defendant that the specific prayer itself passed Constitutional muster.
5 See also: "The prayer showed a preference for a particular religious belief. Thus, it violated the Establishment Clause." Paragraph 18.
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