RICHMOND
--The Family Foundation is pushing to change a restriction on denominational prayer that was prompted by a federal court ruling in a Fredericksburg case.Last year, a federal appeals court unanimously ruled that Fredericksburg City Council could not use sectarian prayers to open its meetings.
That was, in effect, a ban on using the name "Jesus Christ" in public prayers at such government functions.
As a result, State Police Col. Steven Flaherty had directed police chaplains--who are troopers who volunteer chaplain services--to avoid denominational prayers at public events, such as trooper graduations.
Six chaplains resigned in protest, igniting a controversy that had a group of ministers criticizing Gov. Tim Kaine and Flaherty for the directive, saying it violated the chaplains' right to pray according to their own conscience.
Now, a state delegate, supported by the Family Foundation, is planning legislation in the upcoming General Assembly session that would prevent the head of the state police from putting any restrictions on prayer.
Del. Bill Carrico, R-Grayson, has drafted a bill that says while the state police can have a volunteer chaplain program, they "may not regulate expression of their religious beliefs."
He plans to file the bill next week.
Carrico said chaplains who pray using the name of Jesus do so because of their faith.
"To ask them to pray any other way is an egregious violation of their constitutional rights," Carrico said. "This isn't politics. This is people's lives; this is what they believe."
Carrico and the Family Foundation believe the court ruling--which arose after Fredericksburg City Councilman Hashmael Turner prayed to Jesus Christ to open council meetings--does not apply to the state police.
"It is an unnecessary reach by the state police to apply that case," said Family Foundation president Victoria Cobb.
Even if it did apply, Cobb said, they think Kaine's administration could have found other solutions, rather than directing chaplains to use nondenominational prayers.
"They took the most extreme position possible," she said.
Kaine, however, believes the court ruling has broader applicability and Carrico's bill could leave the state open to legal problems.
"Col. Flaherty took the step that he did based on legal advice," Kaine said yesterday. "In the face of a court ruling, to say 'we're going to do this anyway' you're just basically walking into a legal challenge."
Chelyen Davis: 804/782-9362
Email: cdavis@freelancestar.com