Prayer discontinued at La Grange Town Council with federal ruling in N.C.

LA GRANGE — The La Grange Town Council ceased praying before meetings this week following a recent ruling by a federal judge.

U.S. District Judge James A. Beaty Jr. ruled Jan. 28 in Joyner v. Forsyth County that the use of prayer to open a meeting by the Forsyth County Board of Commissioners violates the First Amendment of the U.S. Constitution.

With the decision, many county commissions, including those in Buncombe, Forsyth, Guilford, and Haywood, which regularly allow prayer before public meetings and often reference a particular sect, are rethinking their policies on public prayer.

Now La Grange is in the mix, only allowing a moment of silence before conducting business. The Lenoir County Board of Commissioners and Kinston City Council still allow an invocation.

“I took it upon myself, and I apologize to the council if that created an issue, and put up a moment of silence,” La Grange Town Manager John Craft said. “I feel like we ought to have an opportunity to pray in our own way.”

The board reluctantly supported the switch.

“I am appalled at the decision too — we just have to be careful,” said Mayor Pro-Tem Bobby Wooten. “The good thing about a moment of silence is you can pray how you want. If you want to pray, you can pray.”

The decision came about in a lawsuit filed by American Civil Liberties Union (ACLU).

The ACLU was representing two Winston-Salem residents who alleged praying during the commissioner’s meetings was unconstitutional because it allowed various clergy members from the community to pray to specific deities, such as “in the name of Jesus.”

Beaty Jr. agreed with the couple, adopting the recommendations made by Magistrate Judge P. Trevor Sharp, of the court’s Middle District of North Carolina, who said mentions of “Jesus,” “Jesus Christ” and “Christ” during invocations were sectarian and should not be allowed.

La Grange Town Attorney George Jenkins Jr., who said Beaty Jr. and Sharp’s interpretations were also bound by judgments by the U.S. Supreme Court and Court of Appeals, backed Craft’s decision.

“His suggestion is an excellent compromise,” he said. “There are organizations that have completely dispelled any type of moment of prayer and just gone from the gavel to the pledge of allegiance.”

The ruling of the many courts pertain specifically to the First Amendment’s establishment clause, which says the government may not coerce anyone to support or participate in religion or act in any way that intends to establish a preference for one particular sect or creed.

Jenkins said he believed the moment of silence was the right move because he feels the council may be in breach of the establishment clause.

“If someone would raise an issue about the number of prayers that we have had here, I feel it would be difficult for us to prevail,” Jenkins said. “Our prayers have been for the Protestant faith. Those who are Catholics, Jews, Muslims, or atheist really are excluded from that prayer and I would have deep concerns of the constitutionality of what we have done.”

The Alliance Defense Fund (ADF) — the public interest law firm that is leading Forsyth County’s defense — is appealing the judgment to the U.S. Court of Appeals for the Fourth Circuit.

Jenkins said the law still stands until action is taken in the appeal.

“Just because it was appealed does not mean it is bad law,” Jenkins said. “It is still good law until the higher court either overrules or affirms it.”

Councilman Clifton Harrison expressed desires of reverting back to allowing a prayer if the ruling is overturned.

“I am no fanatic,” he said. “I just hate to see Christians give up so easily.”

For now, Craft said it is not worth the risk.

“It is not that I support that finding,” he said. “We just don’t have the money to go up against the ACLU.”

Wesley Brown can be reached at 252-559-1075 or wbrown@freedomenc.com.