Federal appeals court upholds ruling against praying councilman

In a decision hailed by supporters as a victory for the separation of church and state, a federal appeals court upheld a Fredericksburg, Va., policy that restricts praying “in Jesus’ name” before city council meetings.

City Councilman Hashmel Turner, who is also a Baptist minister, claimed the requirement that all prayers be non-denominational violated his First Amendment rights to free speech and free exercise of religion.

A three-judge panel for the 4th U.S. Circuit Court of Appeals on July 23 upheld a lower court’s 2006 decision, saying that Turner’s prayer constituted “government speech” rather than protected private speech.

“Turner was unwilling to (pray) 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,” retired Supreme Court Justice Sandra Day O’Connor wrote in the court’s opinion.

Turner filed suit two years ago after the city mandated that all prayer offered before legislative sessions be non-denominational. The policy was implemented under pressure from the American Civil Liberties Union, which took action after Turner repeatedly invoked “Jesus Christ” in his prayers.

Representatives for Turner warned that O’Connor’s opinion could set a slippery judicial precedent.

“Can a president be sworn in on a Bible now? It’s an easy leap,” said John Whitehead, who argued Turner’s case on behalf of the conservative Rutherford Institute. “Can you say ‘so help me God’ in the courtroom? You’re talking about traditions that go back hundreds of years.”

Whitehead, who said he intends to appeal the decision to the U.S. Supreme Court, called the city’s actions a reflection of a nationwide movement to limit private speech on government property.

— RNS