ROCK HILL, S.C. - At least two groups are
urging local councils and boards in South Carolina to stop using
Jesus Christ's name during prayers at public meetings.
But state Attorney General Henry McMaster said Monday he will not
tell South Carolina governments what to do despite the U.S. Supreme
Court's refusal to hear a town's appeal after a lower court told it
to stop using Jesus' name.
Wiccan priestess Darla Wynne sued the town of Great Falls and won
on the issue, but still is fighting to get the town to pay her legal
fees.
The American Civil Liberties Union asked McMaster to issue
guidelines to cities about what invocations are legal, but McMaster,
who sided with the town of Great Falls in the case, said the issue
is best handled "within the purview of the municipalities
themselves."
"We're not going to do that. All of these counties and county
councils have attorneys that give them advice," McMaster said
Monday. "We're not going to do that. It's not necessary to do
that."
A constitutional argument over free speech and what constitutes a
prayer meeting are potential legal issues that could be raised by
dissenting public bodies who disagree with the federal court
rulings, said University of South Carolina constitutional law
professor Eldon Wedlock said.
The ACLU recently sent a letter to cities in Oconee, Seneca and
Anderson counties, asking them to stop mentioning Jesus in prayers
or lawsuits may follow.
The South Carolina Municipal Association advised members recently
that councils cannot refer to a specific deity in prayers at the
meetings. "This is the law of the land and cities should obey the
law," said association executive director Howard Duvall.
But the issue is "very emotional" for cities and council members,
Duvall said. "We do tell them that their greatest liability would be
legal fees for something the courts have said is illegal," he
said.
The ACLU's Upstate chapter is not attending school board or other
meetings looking for violators, but will field complaint calls, said
president Mike Cubelo.
"We don't go looking for trouble," Cubelo said. "It could be
Allah or any god that would be specified. We are not picking on
Jesus Christ."
However, councils, especially in the South, could think federal
courts are overstepping boundaries and bring Jesus' name into
prayer, Wedlock said.
"This could be an issue of civil disobedience," Wedlock said.
"Religion is a fierce motivator. Cities could be pushed by people
who have a popular resentment."
Wedlock said there are three options for South Carolina councils,
school boards and other public bodies: Nonsectarian prayers, a
moment of silence or defiance of the rulings.
The Rock Hill City Council, for example, has asked its attorney
Paul Dillingham for advice about prayers. Council member Jim Reno
told The (Rock Hill) Herald after Great Falls lost the lawsuit that
he wouldn't comply with the federal court decision.
Reno has not led a prayer since the decision - the council
rotates prayers among members - but said last week he must follow
his convictions.
"I will only offer a prayer in Jesus' name," Reno said.
He said he has gotten only positive feedback from constituents.
"Not one has been negative," Reno said.
