The oral argument in Town of Greece v. Galloway underlines the problem -- multiple justices (leading even the opponent's lawyer to in effect throw the atheist under the bus) ridiculed the idea of a neutral prayer policy that covers non-theists. The problem seemed to be the effect of the policy was to favor certain religions but perhaps the nature of enterprise made retaining any prayer policy problematic. But, many places do manage to welcome non-theists giving invocations. A policy that explicitly doesn't goes further than even the Supreme Court did. It especially has a blatant sectarian purpose, not just effect. It is blatantly unfair.
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Thanks for your .02!