By Anna Simon CLEMSON BUREAU asimon@greenvillenews.com
The Upstate is in the crosshairs of a Constitutional controversy
over prayer at government meetings, with battle lines being drawn by
elected officials on one side and the American Civil Liberties Union
on the other.
On Thursday, U.S. Rep. Gresham Barrett, a Westminster Republican,
introduced a bill before Congress to protect the rights of elected
and appointed officials to pray as they see fit in public meetings.
On Thursday night, about 150 people flocked to a prayer rally at
Seneca High sponsored by the Oconee County Ministerial Association
and the Beaverdam Baptist Association, which represents about 150
churches in Oconee County.
Cynthia Gonzalez of Walhalla came to pray that elected officials
on the local councils and everywhere can pray in the name of Jesus
if they wish.
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"You've got to have God and Jesus in your life," Gonzalez said.
A score of local clergy led prayers punctuated by amens, yeses
and thank yous from the faithful.
Afterward, Matthew Hilley, an Anderson member of Conservative
Citizens of South Carolina, called it "an awesome show of support
for the name of Jesus being used before government meetings" by
"Christians coming together for our rights."
But Michael Deanhart, an Anderson ACLU member, said it would
"push city and county government into illegal political quicksand."
The ACLU recently challenged public prayer by city and county
officials who offer prayers in Jesus' name at Anderson City Council,
Seneca City Council and Oconee County Council meetings .
Public officials can't favor one religion or denomination over
others in government meetings, said Mike Cubelo, president of the
ACLU-SC Piedmont Chapter.
The state's continued growth and diversity "requires sensitivity
that we are all not the same," said Greenville attorney Neil Caesar,
vice president and counsel for the ACLU chapter.
Barrett's bill would remove federal jurisdiction in these issues
to state courts, letting states make their own decisions, and is "a
baby step" that "would allow elected and appointed public officials
to pray in public as they see fit" regardless of their religion or
religious orientation, he said.
The recent ACLU challenge put the issue "on the front burner,"
but Barrett said he's thought about this much longer.
"The First Amendment gives us freedom of religion not from
religion," Barrett said.
Prayer by public officials doesn't establish religion and
citizens have a right to pray as they see fit, said Barrett, who has
offered prayers at public meetings in Jesus' name.
He said no one has ever discouraged him from ending his prayers
that way.
"We talk about being tolerant towards other people. This is
trying to be tolerant," Barrett said. "If I am a Christian, people
need to be tolerant to me. If you are a Jew, I need to be tolerant
to your religion."
Cubelo disagreed, citing a recent 4th Circuit Court of Appeals
decision against the town of Great Falls.
"Public officials can't favor one religion over another in public
meetings. His bill is irrelevant under current South Carolina law,"
Cubelo said.
"We're talking about the Constitution, and there has always been
the principal that no public body can favor one religion over
another," Cubelo said. "In a way, he's trying to put a loophole in
the Constitution. He is endorsing government religion and government
prayer with his legislation."
However, Cubelo spoke in support of the prayer rally.
"The ACLU supports their rally. That is part of our
constitutional rights," Cubelo said. "The ACLU supports the right to
pray anywhere you want. It is only when a government official at a
government meeting says a prayer that there is a problem."
Cubelo said a moment of silence would be appropriate at
government meetings "because then anyone can pray as they want."
Caesar said Barrett's bill "would be unlikely to pass or survive
legal scrutiny" because issue can't be moved from federal to state
courts and the basic premise "is incorrect."
Public elected officials have the right to pray as they wish in
their private lives but not in their governmental roles at
government meetings, Caesar said.
While the ACLU leaders said the court ruling against Great Falls
sets state law, state Attorney General Henry McMaster has disagreed
and said no law prevents public officials from praying as they wish
at meetings. |