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Prayer ruling tied to uproar

September 26, 2008 12:16 am

RICHMOND--

The U.S. 4th Circuit Court of Appeals recently upheld a Fredericksburg City Council ban on referring to Jesus Christ in public prayers that open council meetings.

So Virginia State Police Superintendent Col. Steve Flaherty directed state police chaplains to avoid references to Christ in their public prayers--they were told to use nondenominational prayers in public, although they could still refer to Christ in private counseling or at funerals. Six chaplains resigned their volunteer chaplain roles over the issue.

This week two Republican delegates accused Gov. Tim Kaine and Flaherty of an "attack on Christianity" for the directive. Kaine and other Democrats responded by accusing the Republicans of playing politics.

"With one misguided action, the Kaine administration has put the chaplains in an impossible position," said House Majority Leader Del. Morgan Griffith, R-Salem, in a press release. "When troopers take on the added responsibility of serving as chaplains, they reinforce their commitment to serve the public. To then require those troopers to disregard their own faith while serving violates their First Amendment rights and prevents them from serving effectively as chaplains. These men had little choice but to resign."

Kaine said if Griffith had serious concerns, he'd have spoken to Kaine about them himself.

"[Griffith] has no facts to justify that, and I had just met with Morgan for two hours the previous day and if he had anything on his mind, he sure could have brought it up but he didn't," Kaine told reporters. "When somebody does something where the first thing I hear about it is a press release, rather than just calling me and saying 'hey governor, I've got a problem, can you help me here,' they don't care about the issue, they just care about politics."

Kaine said Flaherty was simply abiding by the court ruling, and he supports Flaherty's decision.

"Col. Flaherty read what that legal opinion did and gave some common-sense advice to his folks but I had nothing to do with it," Kaine said. "I am a very devout Christian and Catholic, I would never do anything to inhibit anybody's religious worship it doesn't diminish my ability to worship my God to pray to the father or lord without mentioning Jesus Christ."

Kaine said the Fredericksburg ruling "provided a clear test of whether prayers at such events are governmental speech," and that prayers at public state police events, such as trooper graduations, "clearly meet that test."

Griffith disagrees. He does not think the Fredericksburg ruling applies in this case, because the state police are not a governing body. Instead, Griffith thinks the situation is more akin to that of public schools, where a student may lead prayer.

Griffith said he didn't speak to Kaine personally during a budget meeting Tuesday because he had not yet spoken to troopers about the issue.

Del. Bill Carrico, R-Grayson, a former state trooper himself, joined Griffith in criticizing Flaherty's directive to chaplains.

"Colonel Flaherty needs to abandon this attack on Christianity," Carrico wrote. "This decision wasn't based on any complaints about the chaplains, because I've been told there haven't been any. It aggravates me when public servants act unilaterally out of a supposed fear of getting a complaint, instead of actually having to deal with one."

State police spokeswoman Corinne Geller said Flaherty did consult Republican Attorney General Bob McDonnell after chaplains raised concerns, although she could not discuss what advice McDonnell gave him.

Democrats held a conference call with two legislators and two pastors, all of whom also said Griffith and Carrico were trying to create a political issue.

"Morgan ought to know better than to try to make political points out of what the governor has done," said Sen. Don McEachin, D-Henrico.

As an attorney, McEachin said, Griffith "knows that a directive from the 4th Circuit Court of Appeals has to be honored."

McEachin said the clerks of the House of Delegates and the state Senate also ask ministers who deliver daily prayers during legislative sessions to stick to ecumenical prayers.

"If it's good enough for the House of Delegates and it's good enough for the state Senate, the governor shouldn't be criticized for doing essentially the same thing," McEachin said.

Carrico and Griffith have promised legislation on the matter in the 2009 legislative session, and Carrico is starting a Web site and online petition to pressure Kaine into reversing Flaherty's directive.

Chelyen Davis: 804/782-9362
Email: cdavis@freelancestar.com