Fredericksburg City Councilman Hashmel Turner says prayer policy violates his constitutional rights.

Date published: 1/11/2006

By EMILY BATTLE
The Free Lance-Star

Fredericksburg City Councilman Hashmel Turner has filed suit against his fellow council members, saying the council’s newly adopted prayer policy violates his constitutional rights.

Turner is being represented by the Rutherford Institute, a nonprofit group that advocates for free expression issues.

The lawsuit, filed in the U.S. District Court in Richmond, asks the court to rule that the city’s prayer policy is unconstitutional, and to order that Turner be allowed back into the council’s prayer rotation.

The council voted 5-1 in November to adopt a policy of offering non-denominational prayers devoid of any Christian or other specific religious references.

Turner abstained from that vote, and Councilman Matt Kelly voted against the policy.

The vote came after Turner had been excluded from the council prayer rotation for more than a year. The council got a letter from the American Civil Liberties Union in July 2004 saying that the civil liberties group would file suit if Turner continued to invoke the name of Jesus Christ in his prayers.

Turner, who is pastor at First Baptist Church of Love in Fredericksburg, had always closed his prayers before council meetings by invoking the name of Jesus Christ before the ACLU complaint.

On the same night of the November vote for the nondenominational prayer policy, Turner asked to be put back into the prayer rotation, and to give the opening prayer before the Nov. 22 council meeting.

Mayor Tom Tomzak said today he asked Councilwoman Debby Girvan to give the prayer at that meeting instead of Turner, because, “I did not want to unleash a 1,000-pound gorilla-the ACLU-on the City Council.”

However, Tomzak said he does believe Turner’s rights are being violated, and the suit filed today is “a lawsuit that I probably agree with.”

“He’s a very passionate man, a man of faith and a man of principle, and he believes his rights have been violated,” Tomzak said of Turner.

Neither City Council members nor City Attorney Kathleen Dooley had seen copies of the lawsuit earlier today.

The suit calls the new prayer policy “an unlawful attempt by the City Council to prescribe the content of prayers given at City Council meetings by Turner and other members of City Council.”

John Whitehead, president of the Rutherford Institute, said Turner approached his organization last fall, saying he believed his rights were being violated. “All he wants is to say Jesus Christ at the end of the prayer,” Whitehead said. “He’s not asking for any money. ... It’s a very simple suit.”

The Fourth Circuit Court of Appeals ruled in 2004 that City Council members in a South Carolina town violated the First Amendment by engaging in prayers that invoked a deity of one specific faith.

Whitehead said the suit his group filed yesterday is “different from any case that’s come up so far. ... The Supreme Court needs to clarify what can go on here.”

Date published: 1/11/2006