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Prayer case appeal in court
City Council prayer case to be heard tomorrow
Date published: 3/18/2008 BY EMILY BATTLE The battle over whether the prayers that open Fredericksburg City Council meetings should include specific religious references will continue tomorrow in Richmond. Oral arguments are scheduled for tomorrow morning in Councilman Hashmel Turner's appeal to the U.S. 4th Circuit Court of Appeals, challenging the nonsectarian prayer policy his colleagues on the City Council adopted in November of 2005. Turner, backed by the Charlottesville-based Rutherford Institute, filed suit against the council in January 2006. He charged that by adopting a policy that allows only nonsectarian prayers before council meetings, the council was violating his rights to free expression. The council adopted that policy to avoid a lawsuit from the American Civil Liberties Union, which had threatened to sue if Turner continued to pray in the name of Jesus Christ to open meetings. Federal District Court Judge James R. Spencer dismissed Turner's suit in August 2006. Spencer wrote that the prayers are government speech, and "The City Council can restrict what is said on its behalf during the opening prayer without infringing on the speaker's viewpoint." In their appeal, lawyers representing the Rutherford Institute and Turner say the prayers are not government speech, and therefore government can't dictate their content. The appeal asks why other council members should be able to invoke "Almighty God" and "Heavenly Father" under the nonsectarian policy, while Turner is barred from praying "in Jesus' name." It asks the court to declare the city's prayer policy unconstitutional, and to order Mayor Tom Tomzak to put Turner back in the prayer rotation. Turner said yesterday that he views the vote to adopt the prayer policy--a vote from which he abstained--as a "discriminatory action," and that the past two years of sitting out prayers have been "confirmation for me to the fact that my particular rights were violated." Four of the six council members who voted on the policy are still on the council. Of them, Tomzak and council members Kerry Devine and Debby Girvan voted for the policy, and Councilman Matt Kelly voted against it. The city has been represented at no cost in the case by the Hunton & Williams law firm and the People for the American Way Foundation. The ACLU of Virginia has also filed a friend-of-the court brief on the city's behalf. It argues that the prayers that open council meetings are "quintessential government speech" and that "Councilman Turner has no First Amendment right to use those prayers to express his personal sectarian religious briefs." Emily Battle: 540/374-5413
Read more stories about Fredericksburg Date published: 3/18/2008
Pink
(posted by
lifeisbeautiful
, Mar. 19, 2008 6:12 pm)
Jack Daniels it is. I wouldn't worry about being
seen with you then or now. Have a great
night.
Life, you are so nice!
(posted by
pinkphantom
, Mar. 19, 2008 5:44 pm)
It's a deal, if I'm wrong, I'll look for you. Then we can laugh over a few beers (or Jack Daniels in your case, right?)
At least you won't have to worry about being seen in public with a heathan like me by then! I don't know how your cereal keep the same level, but there are certainly things we can't always explain. I think the bottom line for all of us is to treat others as we would like to be treated, even if we have to agree to disagree.... :-)
Pink,
(posted by
lifeisbeautiful
, Mar. 19, 2008 3:41 pm)
You keep living a good and productive life. I
think you care a great deal about doing
what is right and for that I am truly
thankful. If one day you wake up and find
yourself in a strange but wonderful place
look for me. You'll have at least one friend
there!
Grace, I have "seen" things. Pink, remember
(posted by
lifeisbeautiful
, Mar. 19, 2008 3:37 pm)
my cereal story that you accounted to being
a friend" when we knew no one within in a
300 mile radius. And how would they know
the exact amount of cereal to put into the
container? Each day I poured out three
bowls from a Rubbermaid container & we
ate. Afterward, I immediately measured
the contents (in a glass measuring cup)
which was the exact same amount of cereal
as before we ate & then put in back in the
container. This went on for months until it
was no longer necessary (better job)
Continued.....
(posted by
pinkphantom
, Mar. 19, 2008 3:34 pm)
You and others in your camp (if you will) have accused me of being self-centered or immoral or destined for hell for not believing. You don't know me at all.I live a very productive life. I help others when I can, take responsibility for my errors and don't look up above for guidence. I am where I am because I made the most of my opportunities. I've received help from other likes we usually do. I'm grateful for all I have. When I close my eyes for the last time, I'll have no regrets.
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