The Supreme Court declined Monday to take up a case involving a group of atheists who sued a city police department that held a prayer vigil with the community after a shooting that injured several children.
But Justices Neil M. Gorsuch and Clarence Thomas hinted they were skeptical about whether the atheists really suffered a legal injury, suggesting the high court may get involved at some point to clarify that individuals can’t sue for “hurt feelings.” They argued that the atheists attended the prayer vigil willingly, knowing they could be offended.
“Instead, in a society that holds among its most cherished ambitions mutual respect, tolerance, self-rule, and democratic responsibility, an ‘offended viewer’ may ‘avert his eyes’ or pursue a political solution,” he added. A community activist and minister led the vigil, but the police chief encouraged attendance on the Ocala Police Department Facebook page.
The district court had sided with the atheists but the U.S. Court of Appeals for the 11th Circuit had reversed, remanding the case back for further evaluation.
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