The issue of the specifics of the prayer as it may or may not violate the Establishment Clause could make a difference. Plaintiffs standing to raise the argument that the specifics of the prayer are in question becomes problematic as lie may be attempting to argue Ihc rights of third parties, i.e., theistic non-Christians, and he, as an expressed non-theistic person may have no right to do that. Arizonans for Official English v. Arizona, 520 U.S. 43, 64, 117 S.Ct. 1055, 1067 (1997); U.S.Dept. Of Labor v. Triplet!. 494 U.S. 715, 730, 110 S.Ct. 1428, 1437 (Marshall, J. concurring) (1990). Moreover, the prospect of having the Rev. Franklin Graham preside as chaplain at future inaugurations is much more remote than the prospect of having prayer per se again at the Presidential inauguration. This leads the court to question whether any relief could be fashioned in this case on the specifics of the prayer issue.
This issue poses serious problems for defendant as well in that Marsh does not stand for the proposition that any and all prayer is acceptable at governmental, historical functions. Cole v. Niemeyer. supra, 228 F.3d at 1103. Indeed, courts have found difficulty with prayers or symbols that directly reference doctrines or figures in a particular religion or sect. See e.g., the very fractured decision in County of Allegheny v. American Civil Liberties Union. 492 U.S. 573, 598-599, 109 S.Ct. 3103-04 (1989) (Nativity scene with inscription "Glory to God in the Highest" was sectarian); Coles v. Cleveland Board of Education. 171 F.3d 369, 384 (6th Cir. 1999) (prayer used to open Board of Education meetings violated the Establishment Clause in part because of the specific reference to Jesus and the Bible along with the fact that the Board president was a Christian minister); Freedom From Religion Foundation. Inc. v. City of Marshfield. 203 F.3d 487,496 (7th Cir. 2000) (violation of Establishment Clause in having statue of Christ proximate to the highway which gave the message "Christ guide us on our way");
but see American Civil Liberties Union v. Capitol Square and Review. 243 F.3d 289 (6th Cir. en bane) (Ohio motto- "With God, All Things Are Possible," which was derived from the New Testament, does not violate the Establishment Clause).
The court is unwilling to finally recommend the dismissal of the complaint on the 11