Supreme Court declines sectarian prayer appeal

FREDERICKSBURG —The United States Supreme Court has rejected a Fredericksburg City Councilman’s appeal concerning his right to invoke the name Jesus Christ in council meeting opening prayers.

The action came Jan. 12, according to the Virginia ACLU.

Fredericksburg City Councilman Hashmel Turner, a part-time minister, has previously given prayer using the name of Jesus Christ at council meetings, according to court documents.

After there was a complaint, and with the help of the ACLU, the city council adopted a policy that stopped the practice of sectarian prayers.

Turner filed suit to maintain his right to pray as he wished.

Last year, the 4th Circuit Court of Appeals upheld the view that public prayers were to be non-sectarian.

As a result, Virginia State Police Col. Steven Flaherty directed police chaplains to avoid denominational prayers at public events, such as trooper graduations.

The chaplains are troopers who volunteer at chaplain services.

Following his order, six state police chaplains resigned in protest.

Flaherty’s order pertained to only the state police.

Virginia Gov. Tim Kaine has upheld Flaherty’s actions.

As the Virginia General Assembly goes into session, Del. Charles W. Carrico Sr., R-Grayson, said he is preparing a bill that would prohibit Flaherty’s actions, calling them “censorship.”

The issue relates to what is private speech on and what is “government speech.”

In her Appeals Court decision, Judge Sandra Day O’Connor stated that when giving an opening prayer at the meeting, Turner was acting as a councilman and his speech became government speech.
There is no policy or ordinance that states that a prayer is required.

Stafford County Sheriff’s Office Public Information Officer Bill Kennedy said that such prayer is not really an issue at the sheriff’s office.

“We do not have venues where that sort of action occurs,” he said.

The sheriff’s office does have a chaplain on staff, but there is no cause for him to lead any group prayers, according to Kennedy. In the case of the loss of a staff member he is available for support, and he may give or sermon or lead in prayer at a funeral.

Natasha Bledsoe, Fredericksburg City Police public information officer, said that the department has no chaplain at the present time. If that changes in the future, she said that the department would follow the policy that the court of appeals has set.

Stafford County Supervisor Paul Milde, R-Aquia, often gives an invocation at the onset of board meetings.

Milde does refrain from the use of using Jesus Christ in reference to those who might not be Christian.

“But we do use ‘God’ in those prayers,” he said.

Milde sees no change in the imminent future regarding this practice.

Stafford Supervisor Harry Crisp, D-George Washington, has also given the invocation at supervisors’ meetings on several occasions.

Crisp, a Catholic, refrains from invoking any word of deity.

“I have a number of Catholic prayers I could give, but I refrain from that,” said Crisp.

Crisp said the board has no written policy concerning the prayers, but sees it as a “matter of good sense and courtesy” to refrain from invoking any deity’s name and recognizes that there are differing beliefs.

Precedent for such actions is not new. According to information on the ACLU site, “In 1982, the high court took a long hard look at the tradition of opening meetings of legislative bodies with prayers and came to what was essentially a compromise,” wrote Virginia Executive Director Kent Willis.

“It ruled that government officials are allowed to open legislative gatherings with a prayer, but that such prayers must in no way indicate a preference for one religion over others…” wrote Willis.

That, the court concluded, was “the only way to protect the custom of opening government meetings with a prayer while making sure the government is not allowed to use its considerable power to promote one particular faith over others.”

Jim Lawrence is a contributing writer at the Stafford County Sun. Reach him at info@staffordcountysun.com. Tyler Whitley of Media General’s Richmond Times-Dispatch contributed to this report.