A group of atheists and agnostics is suing to stop Texas Governor Rick Perry from participating in his much-trumpeted prayer rally in Houston next month.

The suit says the Republican governor, who is considering a run for president, is officially endorsing evangelical Christianity in violation of the U.S. Constitution by organizing and promoting the event as a state leader and on his official Texas governor’s website.

The Wisconsin-based Freedom From Religion Foundation, a government and religion watchdog group that says it has 16,600 members, filed the suit on Wednesday in a federal district court in Houston.

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