Saturday, January 31, 2009
Bills aim to protect prayer at meetings
Two lawmakers want to prevent government entities from censuring people who pray at their meetings.
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RICHMOND -- The controversy over referencing Jesus Christ during government prayers has spread from Fredericksburg to Roanoke to the state Capitol.
Two state lawmakers are working to allow those who deliver government prayers to express their religious beliefs without fear of censure. That's largely in response to a standing 4th Circuit U.S. Court of Appeals ruling -- spurred by a Christian-based prayer of a Fredericksburg city councilman -- that governmental-sponsored prayers must not include overt references favoring one religion over another.
The same issue emerged in Roanoke, where in December, Roanoke Vice Mayor Sherman Lea asked that his name be removed from a list of ministers to offer invocations at council meetings after a city resident complained about a reference to "the high and holy name of your son" -- an oblique reference to Jesus Christ.
On Friday, a House of Delegates committee endorsed a bill sponsored by Del. Bill Carrico, R-Grayson County, that would effectively scrap a Virginia State Police policy that prohibits volunteer chaplains from offering sectarian prayers at department-sanctioned events.
In the Senate, Sen. Stephen Martin, R-Chesterfield County, has filed a bill addressing that issue as well. In the version he plans to present, state law would prohibit government agencies from dictating the religious content of prayers during meetings, so long as a disclaimer in the agenda acknowledges the content of the prayer has "not been previously reviewed, approved, sanctioned or endorsed by the agency."
Both bills stem from a controversy that erupted last year when six troopers resigned from the volunteer chaplaincy program after being told they could not pray in the name of Jesus at department-sanctioned events such as graduation ceremonies. State police Superintendent Steve Flaherty issued the directive in response to the 4th Circuit ruling.
Carrico, a retired state trooper, introduced House Bill 2314 to reverse the state police policy. The state police superintendent would decide guidelines for the chaplaincy program, but not to regulate chaplains' expression of religious beliefs, according to the bill.
Attorney General Bob McDonnell believes Carrico's bill is constitutional, a spokesman for McDonnell said. But Gov. Tim Kaine, who defended Flaherty's decision last year, opposes the bill and considers it unconstitutional.
Though no one on the House committee voted against Carrico's bill, some questioned the need to reverse the state police policy.
The American Civil Liberties Union of Virginia has indicated that it is "prepared to file a lawsuit challenging any impermissible sectarian prayer offered as a result of this law."
The ACLU also opposes Martin's Senate Bill 1072, which is more widely drawn and carries potential ramifications for Roanoke and other localities. It would ban government agencies or officials from regulating or limiting the religious content of invocations from those invited to pray.
The issue in Roanoke has grown since Lea removed himself from the prayer rotation.
At a meeting this month, the Rev. Harold Sumner ended his invocation in Jesus' name.
The city clerk's office has since written confirmation letters to pastors who will give prayers informing them that "the courts have ruled that such invocations delivered by the clergy must be nonsectarian in nature, and should not be used to advance a particular religion ... but offer a time of reflection and encouragement."
On Friday, Lea called Martin's bill "good news.
"I would hope our delegation [of Roanoke legislators] would support that if it comes up," Lea said.
The bill is also backed by the Family Foundation of Virginia.
"We're in strong support," said Victoria Cobb, the group's president. "It's all too in vogue to essentially dictate, particularly to those of Judeo-Christian heritage, how one is to act in the public square."
But Kent Willis, the executive director of the ACLU of Virginia, sees the legislation as problematic.
"There are a lot of nuances here, but if this is a government event, and this is a formal prayer that is part of the government event, then it's government sanctioned prayer, and such prayers must be nonsectarian, whether they're given by an individual or a government official," Willis said. "The disclaimer [on the agenda] attempts to separate the individual from the government entity sponsoring the event, but it is not enough."
Martin's bill is set for consideration by the Senate Courts of Justice Committee, possibly as early as Wednesday. Carrico's bill will go to the full House of Delegates for a vote next week.
mason.adams@roanoke.com (804) 697-1584
mike.sluss@roanoke.com (804) 697-1585
