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Court rules against Turner in City Council prayer case
City Council member went to court over his belief that he could invoke the name of Jesus Christ at a public government meeting.
Date published: 7/23/2008
Fredericksburg City Council member Hashmel Turner received another setback in his contention that prayers in open council meetings are not government speech.
Therefore, he has argued, the Constitution's protections of free speech prohibit the government from dictating their content.
An opinion issued today and written by former Supreme Court Justice Sandra Day O'Connor, who was sitting in on the case in the U.S. Court of Appeals for the Fourth Circuit, upholds an earlier court ruling against Turner.
"Turner's argument misses the mark," O'Connor's brief reads.
The prayer issue arose in Fredericksburg five years ago, when a resident complained to the American Civil Liberties Union that Turner was invoking Jesus Christ in his opening prayers. The ACLU threatened to sue the city if that continued, so the council adopted a nondenominational prayer policy, and Turner was taken out of the prayer rotation.
The council member had argued that the government could "not dictate the content of official prayers" and that therefore "the government cannot require that nonsectarian prayers be given."
"Turner was not forced to offer a prayer that violated his deeply held religious beliefs," O'Connor wrote. "Instead, he was given the chance to pray on behalf of government. Turner was unwilling to do so in the manner that the government had proscribed, but remains free to pray on his own behalf, in nongovernmental endeavors, in the manner dictated by his conscience.'
"His First Amendment Free Exercise rights have not been violated."
Turner is being represented by the Charlottesville-based Rutherford Institute, and the city's counsel is being provided at no cost by the Hunton & Williams law firm and the People for the American Way Foundation.
For more on this story, please check back later today.
Read more stories about Fredericksburg
Date published: 7/23/2008
Most recent reader comments:
Stand Corrected,
(posted by
Kristen
, July 25, 2008 11:09 am)
I phrased that incorrectly, After living in Utah for 6 years, I have heard many prayers that include Jo Smith in the prayer (thanking him for the fullness of the gospel and the book of Mormon etc). I suspect most parents would feel uncomfortable with that if it were included in school prayer. This is why prayer should be kept private in these forums. I remember this was a sticky issue in Salt Lake as well. Christians were not so in favor of state led prayer (usually Mormon in tone) in that area.
Correction...
(posted by
Utahn
, July 25, 2008 10:53 am)
Kristin stated that Mormon's pray in Joseph Smiths name. This is not correct. Members of the Church of Jesus Christ of Latter-day Saints (commonly referred to as Mormons) pray in the name of Jesus Christ, our Savior. Mormons /never/ pray in any other name, as there is no other name under heaven whereby man may be saved. See http://www.mormon.org/mormonorg/eng/basic-beliefs/jesus-christ-our-savior/jesus-christ
Great,
(posted by
Kristen
, July 25, 2008 10:09 am)
Let's have all of our kids say a Mormon prayer, in Joseph Smiths name. I have lived where that was done. Nothing will change these folks minds until their beliefs are the minority. Besides, kids can pray anytime they want in school, I see it all the time. The problem is not the lack of prayer, it's the lack of parents. I see it every day in the schools. Mr. Turner can pray any time he wants as well. Before, during, or after the meeting. God can hear it even if the rest of us don't.
GOD BLESS US ALL
(posted by
USA2007
, July 24, 2008 1:40 pm)
Prayer was taken out of schools and replaced wth metal detectors, security entrances (expensve and useless) and police/security officers. I bet our military in harms way around he world ay a prayer now and then. What are you afrais of anyway when it comes praying??? God Bless You Rev Turner.
God help us! (No pun intended)
(posted by
msdaisy
, July 24, 2008 10:10 am)
Do you people realize this story is all over the Internet? Kristen you are correct, prayers should be offered on ones own time, not at civic meetings. Religious opinions have no business there. But this is exactly the kind of thing that pulls all the nut cases like Al Sharpton into action and sends them off on another “Holy Crusade”. Let’s just all hope that he doesn’t show up at the next meeting and turn this into a “racial crusade” as well. He lives for this kind of stuff.
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