A campaign group is to take its bid to stop a Devon council holding prayers before meetings to the High Court.
The National Secular Society (NSS) believes religion should be separate from government.
It is taking the action against Bideford Town Council, claiming the council is breaching human rights.
The legal move was prompted by Bideford atheist councillor Clive Bone, who has failed to have the prayers stopped.
The NSS believes religion should be separate from government and holding prayers before council meetings was an "archaic practice" which was "not appropriate in modern-day Britain".
It claims prayers breach Article 9 of the European Convention of Human Rights, which it says guarantees freedom of thought, conscience and religion for non-believers.