TRI In The News

ACLU Letter Doesn't Stop Pittsylvania County Prayer

8/22/2011

TRI IN THE NEWS: ACLU LETTER DOESN'T STOP PITTSYLVANIA COUNTY PRAYER

From The Richmond Times-Dispatch

Original article available here.

Stop sectarian prayers at public meetings.

That's what the Richmond-based American Civil Liberties Union of Virginia asked of the Pittsylvania County Board of Supervisors last week. Instead, the board last week defied the request, with the board chairman leading other members in a prayer mentioning Jesus Christ.

Having pre-meeting invocations is a common practice, but some Richmond-region localities have responded to the sensitive nature of offering prayers referring to specific religious figures by making adjustments.

Chesterfield County's policy on prayer at Board of Supervisors meetings has not changed since Cynthia Simpson, a Wiccan, sued the county in 2002 after it rejected her from joining the list of eligible clergy who may be invited to give the invocation during board meetings.

According to Chesterfield's policy, the invocation must be "nonsectarian" and must not be used to advance or disparage any other faiths or beliefs. A letter that is sent to religious leaders each year says references to religious figures, images or teachings, such as Jesus Christ, a crucifix or the Book of Mormon, are prohibited.

Hanover County does not have a policy on prayer at supervisor meetings. The board's standard agenda lists invocation at the beginning of the meeting.

In Richmond, the City Council's Rules of Procedure require that the prayers be nonsectarian.

Henrico County does not have a written policy on prayer at the board meetings.

"The government should never use its power to promote one religion over others," ACLU of Virginia Executive Director Kent Willis said in a prepared statement. "That is why the first clause of the First Amendment prohibits the government from establishing religion, and why the courts have made it clear that formal prayers at legislative meetings must be broad and inclusive rather than focusing on a particular religion."

Pittsylvania board Chairman Tim Barber said the board will continue its regular practice of prayers before meetings and that he would be willing to go to court over the issue.

"We're going to have a minority tell us we can't pray?" Barber said, adding that he is not going to pay attention to the ACLU's warning.

"If they want to challenge it in court, I say challenge it in court," he said.

However, John Whitehead, president of the Rutherford Institute in Charlottesville, said a court would find the board's practice of holding sectarian Christian prayers unconstitutional.

"They're not going to win their case," he said.

Yet the supervisors refuse to back down from sectarian public professions of their faith.

"They're asking me to not practice my faith as a Christian," said Supervisor Fred Ingram about the ACLU's request. "I have a real problem with that."

The ACLU's next step is under consideration, said Virginia ACLU Legal Director Rebecca K. Glenberg, declining to say what that would be.

"I don't want to go further than that," she said.