RICHMOND
--The House of Delegates yesterday approved a bill to let state police chaplains pray to Jesus Christ, after a spirited debate over whether freedom of religion means the freedom of the person praying or of those listening.But Gov. Tim Kaine indicated he's likely to veto the bill if it makes it to his desk.
A Senate committee also postponed until Monday action on a Senate bill regarding public prayer.
The issue arose after a federal appeals court upheld a Fredericksburg City Council ban on referring to Jesus Christ in public prayers that open council meetings. The U.S. Supreme Court has declined to hear the case.
As a result of the court's ruling, Virginia State Police Col. Steven Flaherty had directed police chaplains--who are troopers who volunteer chaplain services--
Six chaplains resigned in protest, igniting a controversy that had a group of ministers criticizing Gov. Kaine and Flaherty for the directive, saying it violated the chaplains' right to pray according to their own conscience.
Del. Charles Carrico, R-Greyson, introduced a bill that says the state police may operate a volunteer chaplain program but may not regulate how those chaplains express religious beliefs.
For official state ceremonies, Carrico said, the police must put a disclaimer on the printed program saying the prayer reflects the views of the chaplain, not those of the police department.
Carrico said he asked the attorney general if the bill was constitutional and was told it was because it didn't favor any one faith over another.
Carrico and other supporters say the bill protects the First Amendment freedom of police chaplains to pray according to their own religion.
Opponents say requiring nondenominational prayers at public events protects freedom of religion for other attendees at such events.
Del. David Englin, D-Alexandria, said he believes Carrico's bill is unconstitutional.
He said he would like to see the Virginia State Police adopt a chaplaincy program similar to the military's, which Englin--who grew up on military bases and who is Jewish--said always made him feel comfortable and welcomed. He said the military chaplaincy program guidelines specifically direct chaplains to avoid reflecting a specific religion.
Del. David Poisson, D-Loudoun, also spoke against the bill, saying it violated the ecumenical spirit of public prayers.
Defenders of the bill, though, said any restriction on how a chaplain prays is a violation of his religious freedom.
House Majority Leader Del. Morgan Griffith, R-Salem, said the state police directive equates to "well-meaning but government regulation of prayers."
In the end, the House voted 66-30 to approve the bill. All of the Fredericksburg-area delegates voted for the bill.
But it seems unlikely to ever pass into law.
Kaine, speaking to reporters yesterday, said he supported Flaherty's directive and believes that nondenominational prayers at public events are the right thing to do.
"If I see legislation that is attempting to counter that decision I will probably not support it. One, because I don't think it's the right thing to do; and two, I know what happens when the General Assembly decides to go against the federal courts," Kaine said.
"We lose, and then we pay our own attorneys, and then we pay the other side's attorneys money. We're trying to find money for safety-net services. I ain't interested in spending a lot of money on lawyers to come back and give me an answer I already know the answer to."
In the Senate, Sen. Steve Martin has a bill, also prompted by the same court ruling, that says when a government agency asks an individual to deliver a prayer at a public event, that agency cannot dictate the content of the prayer given.
"It is my view that if we call on someone to pray, we should allow them to pray according to the dictates of their own conscience," Martin told the Senate Courts committee yesterday.
"The fact is, when one prays, by definition there is a matter of faith involved, and by definition, therefore, it is sectarian, because it is a matter of faith, it is a matter of belief. I don't believe that anyone should be restricted as to how they should pray."
The committee began hearing Martin's bill yesterday, but time constraints
Sen. Dick Saslaw, D-Fairfax, said he wants an official, written attorney general's opinion on the bill's constitutionality by that time.
Chelyen Davis: 804/782-9362
Email: cdavis@freelancestar.com