Appeals court rules
S.C. council prayers unconstitutional
Associated
Press
RICHMOND, Va. - A federal appeals court on
Thursday upheld a judge's ruling that prohibits the Great Falls,
S.C., Town Council from opening its meetings with a prayer that
mentions Jesus Christ.
A three-judge panel of the 4th U.S. Circuit Court of Appeals
unanimously ruled that such prayers amount to an unconstitutional
government advancement of one religion: Christianity.
Darla Kaye Wynne, a Wiccan high priestess, sued the town after
its leaders refused to open meetings only with nonsectarian prayers
or to allow members of different faiths to lead the prayers. Wynne
claimed she was ostracized for refusing to stand and bow her head
during the Christian prayers.
U.S. District Judge Cameron McGowan of Rock Hill, S.C., ruled
last August that the prayers violated the First Amendment's
establishment of religion clause. The appeals court agreed, citing
U.S. Supreme Court rulings that allow only generic prayers by
government bodies.
"Public officials' brief invocations of the Almighty before
engaging in public business have always ... been part of our
nation's history," Judge Diana Gribbon Motz wrote. "The Town Council
of Great Falls remains free to engage in such invocations prior to
council meetings. The opportunity to do so may provide a source of
strength to believers, and a time of quiet reflection for all."
She continued: "This opportunity does not, however, provide the
Town Council, or any other legislative body, license to advance its
own religious views in preference to all others, as the Town Council
did here."
Judge Robert King and Judge David R. Hansen, a member of the 8th
U.S. Circuit Court of Appeals designated to hear the case, joined in
the ruling.
ON THE NET
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