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Prayer at Stamping Ground meeting may launch lawsuit
More articles on this topic: Church and StateSTAMPING GROUND - A few minutes after 7 last Tuesday night, the gavel rapped once and the chatter among folks in folding chairs quieted.
Jared Hollon, Stamping Ground’s mayor, called the city commission meeting to order.
Then he prayed.
He gave thanks for the ability to meet in a free society. He prayed for the safety of U.S. troops in Iraq as well as police and firefighters at home because “they have a tough job, too.” He asked for “wisdom and guidance” for the commissioners who would make decisions on behalf of their city.
“We ask all this in Jesus’ name,” he said. “Amen.”
That last line, which invokes Jesus Christ, is the focal point in a brewing controversy that could soon land the Scott County city, population 612, in litigation with constitutional implications.
Last month, officials with the American Civil Liberties Union’s Louisville chapter sent two letters to Hollon. They notified him of the First Amendment’s Establishment Clause that prohibits government’s endorsement of religion. If he does not refrain from the sectarian prayer, expect a lawsuit, they wrote.
Despite the looming threat, Hollon says he will continue to invoke Christ’s name in prayer. Stamping Ground’s commissioners and many in the community support him. It’s been done for at least 10 years, residents say.
“We feel heartfelt about this. We feel it’s our freedom and right to do this,” Hollon said. “We take our faith very seriously here.”
An ACLU attorney said she would not comment on pending litigation. But Jerry Richardson, an outspoken gadfly on many issues in Scott County who contacted the civil liberties group, said a clear separation should exist between religion and government in order to guarantee religious freedom for all.
“The message is a great message, but Caesar is not the person to deliver it,” he said. “What Jared is doing is specifically Christian.”
Richardson says people have voiced their support for him privately. They won’t speak out, he says, for fear of reprisal.
“It’s still a small town and people don’t want to be misinterpreted or have their Christianity questioned,” he said.
Instead of a prayer that refers to Christ or any other deity, Richardson thinks they should simply hold a moment of silence like the Georgetown City Council does.
Other government bodies handle it differently. The Scott County Fiscal Court opens meetings with no prayer or moment of silence.
At Lexington-Fayette Urban County Government meetings, religious leaders from various faiths and denominations have led prayers, said Bruce Edwards, a spokesman for Mayor Teresa Isaac.
The General Assembly in Frankfort also invites in religious leaders from the area. Sometimes they invoke Christ, sometimes they don’t.
Stamping Ground officials said they would allow a resident from the another faith to give the opening prayer.
“If we had a Muslim resident who wished to open the meeting with a Muslim prayer, we’d allow that,” said Bill Holland, a city commissioner.
Legal arguments
Both sides point to court decisions to justify their positions.
Joe Hoffman, Stamping Ground’s city attorney, cited Marsh v. Chambers at a recent meeting to justify the mayor’s prayers. The 1983 ruling allows legislative bodies to pray, he said.
In writing for the majority, Supreme Court Justice Warren Burger wrote that legislative prayer was an American tradition, and religion has become “part of the fabric of our society.”
A government body invoking divine guidance should not be viewed as violating the Establishment Clause, rather “it is simply a tolerable acknowledgment of beliefs widely held among the people of this country,” Burger concluded.
Opponents argue that the Marsh decision only allowed for non-sectarian prayer.
They also point to a July decision by the 4th U.S. Circuit Court of Appeals.
In Wynne v. Town of Great Falls, a woman who practiced Wicca, a pagan-based religion, filed suit against the mayor and town council of Great Falls, S.C. Darla Kaye Wynne said she felt uncomfortable by the references to Christ made in the prayer that opened meetings. The prayers were usually said by a council member.
By insisting on invoking “Jesus Christ” in its prayers, the town council advanced one religion over others, the appeals court ruled. A motion to rehear the case is pending.
Kentucky is in the 6th Circuit, but that appeals court would likely produce a similar ruling, said Joe Conn, a spokesman with Americans United for Separation of Church and State, a non-profit religious liberty watchdog group based in Washington, D.C.
When the mayor or another government official prays in Christ’s name, it “sends a clear message that Christianity is the government-approved religion. It’s the wrong message to send,” Conn said.
But others disagree.
Gary McCaleb, senior counsel for the Alliance Defense Fund in Scottsdale, Ariz., says the ACLU and other similar groups have taken this issue too far. He contends a public official saying a prayer is a largely ceremonial gesture. The prayer does not have the force of law nor does it injure anyone, he said.
“I don’t know how you pray in a non-sectarian manner. There should be no doubt if you’re going to pray you should be able to identify a deity and not be in violation of the Constitution,” he said.
Offensive or not
Prayers are needed, not only for city leaders, but also for the troops in the Middle East, say some Stamping Ground residents.
Stephen V. Bruce, pastor at Stamping Ground Baptist Church, isn’t in favor of a national religion. He doesn’t see how the mayor, who attends his church, is in any way advancing Christianity.
“He’s just speaking from the heart. He’s not trying to get anybody saved or proselytize for anybody. He’s just asking for wisdom and protection for the troops,” Bruce said.
Sheila Hensley agrees. Her stepson, Heath, is in Iraq with his Army Reserve unit. Glass and metal are embedded in his face due to an attack on his convoy in August, she said.
“I appreciate that Mr. Hollon would pray for my son,” she said. She resents that Richardson would raise the issue and possibly force the city to spend money on a lawsuit that could be used for other projects.
“What difference does it make? Nobody around here is complaining,” she said.
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