Witnesses said the presiding judge, Covington County Circuit Judge M. Ashley McKathan, told some 100 people, including members of the Morning Star Missionary Baptist Church and other spectators and officials gathered for a conference regarding the church records case, to join hands in a circle as he prayed. At one point, witnesses said, the judge fell to his knees.
Source: Press-Register (via Ed Brayton)
This isn't the first time that Judge M. Ashley McKathan has come up in the news for this kind of inappropriate behavior. A couple of years ago, he thought it would be a good idea to stitch the Ten Commandments into his robe to make a statement about their being the foundation of the law. I don't think McKathan even realizes that others would object to such behavior, never mind that it is completely inappropriate — he actually expressed surprise that anyone would file a complaint about his group prayer. Naturally he didn't have any comment to make about it.
"From what the complainant described," [Allison Neal, an ACLU attorney] said, "this was grossly inappropriate judicial behavior." ...University of Alabama Associate Professor Paul Horwitz, a specialist in law and religion, said McKathan may have had good intentions, but his actions in calling the parties to prayer were "clearly improper."
For the separation of church and state to mean anything, it has to mean that government officials — elected or appointed — cannot have the authority over any purely religious matters. This would have to include calls to prayer. Image the outcry if a judge called parties to a legal case to Muslim prayers, or started chanting "Hare Krishna" at a press conference.
Even the most conservative Christian would immediately recognize such behavior as completely inappropriate — but when a judge engages in analogous behavior on the basis of Christian beliefs, people are suddenly surprised that there would be complaints. Why? Because they clearly and unambiguously want to use the power of the state to promote and privilege their Christian beliefs. They don't want a secular, democratic state where everyone is equal; they want a theocratic state in which Christians are privileged (an idea which McKathan seems to support).
Granted, Judge M. Ashley McKathan didn't specifically order anyone to pray with him, but a person in his position and with his legal power doesn't need to order anyone appearing before him in court in order for people to feel pressured:
McKathan may have thought all in the courtroom consented, but because he was the arbiter, many may have felt compelled to participate even if they did not want to, Horwitz said. "Even if they all consented," Horwitz said, "it is inappropriate for a judge to act in an overtly religious way in any case, but especially in one that raises religious issues. The parties need a neutral and impartial arbiter."
It's not plausible that McKathan would be unaware of the social and legal pressure which a judge exercises over people who appear before him in court. So if he really was surprised that anyone would complain, it's unlikely that this surprise would be due to not realizing the pressure he creates on others. It would be more likely that his surprise would be due to simply not realizing that not everyone is Christian and/or that not everyone wants civil, governmental authorities to lead them in Christian, religious rituals. Maybe he really doesn't understand that not even all Christians don't share his views about the relationship between church and state or between civil and religious authority.
If the losing side appeals, I’ll bet the briefs would make for some very interesting reading.
I know Ashley McKathan; I grew up in Andalusia, Al. And I must say Ashley McKathan is an absolute Idiot and makes me ashamed to admit that I’m from Andalusia, or Covington County or Alabama. There’s already enough about Andalusia, AL to be ashamed of without this kind of Idiocy.
Not driving a bus. Not following the law. Not having any smarts.
In Australia, in the unlikely event this was replicated I can only see the Judge being sacked, and very probably sectioned.
tomedgar@halenet.com.au
Too bad somebody didn’t start chanting Hare Krishna, or something like that, during the prayer in that courtroom. What would that Judge have done?
You consistently called the judge’s behavior “inappropriate,” yet never really substantiated the claim. You say that his actions are “hardly” the kind that a judge should be exhibiting, yet one of differing views from your own might suggest he is acknowledging the very essence of his role as a judge.
I do at the end when I point out that government officials cannot have authority over religious matters — including calls to prayer.
No, his behavior was more consistent with the essence of the role of a priest or imam. There is nothing in the role of judge in a civil government which includes calling people to pray together.
Its amazing that a man named Larry Jones can say “I know Ashley Mckathan, and I grew up in Andalusia, and im ashamed” in the same sentence. If you are ashamed of growing up in Andalulsia, understandable, if you grew up WITH Ashley, which I know for a fact you did not, then you would have never used the word idiot. If you stepped back from the situation, and looked at it outside in, youd see, its actually brilliant.
Finding loopholes, withdrawing his party affiliation prior to making any moves about his religion so as to not affect any party, and making a personal testimony all at the same time, smashing:)
Now, could you say, if a church doesnt want God in court, what kind of church are they. If a court doesnt want God in court, dont allow churches to adjudicate. That church should have worked it out amongst the congregation.
I know Ashley McKathan. He is an amazing person. But I would like to point out that the “church” that obviously reads the Bible should know that in the New Testament it states that the church shouldn’t settle their disputes in a secular court. Judge McKathan just saw to it to follow the teachings the church went by to settle this matter.
What’s so “amazing” about injecting personal religious beliefs into a secular legal case?
There are few violations of the First Amendment more unambiguous than a judge in a secular, civil court telling people how their religion should be used to settle a dispute.
I went before Judge McKathan for an allotted 1 hour amending of a restraining order I had against my husband. He allowed preachers and deacons and witnesses to quote scripture, pray outloud, and discuss how it’s okay for ‘godly’ religious men to beat their wives, if it’s done in the name of God. The Judge sat there with the 10 commandments on his robe and allowed comments to be made from the gallery (amens). The one hour motion turned into 2 entire days and would have been 3 if I hadn’t begged for the divorce to be shelved. Since then, I live with physical assaults, threats, mental cruelty, and much more. But, I will not go back into a courtroom again. I would rather die first than to continue to be publically humiliated by a self righteous judge.
ARE YOU KIDDING????????????????? What has he done wrong. If America had more judges falling to their knees, this country would NOT be in the unbelievable state it is in!
No.
I think that’s pretty clear: judges have no authority to ask or tell people before them in court to pray in any way, at any time, or to any god.
You mean, like more Muslim judges going to their knees to submit to God? Interesting idea. Why don’t you publicly put your name to your suggestion: “America needs more devout Muslim judges who rule according to their understand of God’s will.”