BY CHELYEN DAVIS
RICHMOND
--After lobbying by religious groups, Gov. Bob McDonnell has reversed a state police policy of banning sectarian prayers at public police gatherings.The policy had generated heated argument that boiled down to disagreement over whose religious rights are take precedence--those giving a prayer or those listening to a prayer.
The state police policy was implemented two years ago after a federal appeals
In that case, city Councilman Hashmel Turner wanted to pray to Jesus in prayers in open council meetings. The courts ruled that that made the prayer sectarian and thus was not allowed, although nondenominational prayers are allowed.
As a result, State Police Col. Steven Flaherty had directed police chaplains--who are troopers who volunteer chaplain services--to avoid denominational prayers at public events, such as trooper graduations.
Six chaplains resigned in protest, igniting a controversy that had a group of ministers criticizing then-Gov. Tim Kaine and Flaherty for the directive, saying it violated the chaplains' right to pray according to their own conscience.
Efforts in the legislature to pass bills making it illegal for the state police to put such limits on chaplain prayers have failed. A House bill this year didn't even get a committee hearing.
McDonnell believes both the current policy and the one the state police had prior to the court ruling are legal.
But he believes it is a First Amendment issue, and that government must respect the free exercise of religion.
"To me, for a government official to direct chaplains how to pray or not pray is not the right view of the First Amendment," McDonnell said.
McDonnell's spokeswoman Stacy Johnson said the state police will now revert to the former policy, which was to allow chaplains to pray according to their own faith.
McDonnell said the policy puts state police chaplains in the same position as chaplains in the military, the National Guard and other law enforcement agencies.
The Family Foundation, which had been critical of the policy implemented by Flaherty and Kaine and had pushed McDonnell for its reversal, issued a statement thanking McDonnell.
"There was no legitimate reason for the policy change in the first place," the group wrote. "This was an act of discrimination by the Kaine administration, plain and simple. No court anywhere requires the Kaine policy. Governor McDonnell is completely within his authority and has the Constitution on his side."
The American Civil Liberties Union also issued a statement, asking McDonnell not to reverse the prayer policy.
ACLU Executive Director Kent Willis wrote that the state police were abiding by court rulings and that groups like the Family Foundation were pushing police to break the law.
"This is a policy the governor should embrace, not reject," Willis said. "As individuals we have the right to practice the religion of our choice, but the governor's job is to see that the state of Virginia protects religious liberty for all. He can only do that by making sure that government agents do not favor any particular religion when they represent the state in the performance of their official duties."
Also yesterday, McDonnell announced he is reappointing Flaherty as head of the state police. Johnson said that reappointment was done verbally in early April and announced only yesterday, and has no connection to the prayer policy.
Chelyen Davis: 540/368-5028
Email: cdavis@freelancestar.com