|
|
High 64° Low 39° |
Charlotte, NC
56°
Local News Story
NC magistrate says prayer before public meeting violates First Amendment
WINSTON-SALEM, N.C. , 11.10.2009
AP
A federal magistrate recommended Monday that the use of prayer to open a board of commissioners meeting in North Carolina violates the First Amendment.
Magistrate Trevor Sharp issued the recommendation on the use of sectarian invocations to open the Forsyth County Board of Commissioners meetings.
The ruling noted that the prayers frequently referred to Jesus or Jesus Christ, and said that such prayers ``display a preference for Christianity over other religions by the government.''
A lawsuit filed by the American Civil Liberties Union of North Carolina on behalf of Forsyth County residents Janet Joyner and Constance Lynn Blackmon in March 2007 objected to the use of prayer at the meetings. Joyner and Constance also are members of the Winston-Salem Chapter of Americans United for Separation of Church and State, a religious liberty watchdog group based in Washington, D.C., that helped with the case. The magistrate's recommendation carries no legal weight, other than offering guidance to the federal judge who will handle the case.
The county commission had argued that their policy of inviting outside clergy to deliver invocations meant it was staying neutral with regard to prayers. But the ACLU and Americans United argued that any opening prayer must be nonsectarian for the government to be truly neutral.
Attorney Mike Johnson, who represents the county commission, said he believes the recommendation is based on incorrect analysis.
``We respectively disagree with some of the key findings of the recommendation, and we strongly believe it should be modified by the district judge,'' Johnson said.
Ayesha N. Khan, legal director for Americans United, said the magistrate judge's finding is on target.
``The board of commissioners is elected to do the public's business, not meddle in religious matters,'' she said. ``The Constitution gives government officials no authority whatsoever to prefer one faith over others.''
Sharp's recommendation will now go before a federal district judge, who will make a final ruling.
Johnson said the county commission plans to release a supplemental brief arguing Sharp's recommendation. The ACLU will then have 10 days to respond.
Messages left at the homes of Joyner and Blackmon were not immediately returned.
Comments
Wilbur
Nov 10, 2009
Will the ACLU take them to Heaven or will God, something is backwards
Pineville Jim
Nov 10, 2009
The ACLU needs to look at the health care bill and its constitutionality. Leave God alone. You cross him and not even the reverend Jackson or Al will be able to help you.
bigheart
Nov 10, 2009
Wonderful - now we have local nose pickin' magistrates dictating what was once the province of the higher courts. That is one magistrate who is exceeding his powers.
In order to post comments, you must be logged in as a WBT Insider
Quick Links
What's Happening
Holiday on Ice opens on November 25th at 5pm! Skate with us for the holiday season.
Get into the spirit at the Lake Norman Jingle Bell Run this Saturday!
Panther Talk is every Monday at 8pm, Bank of America Stadium! Monday's Guest is Sherrod Martin.