The ACLU of Virginia has filed a petition with the Fourth Circuit Court of Appeals, asking the full court to reverse a three-judge panel decision allowing government officials to discriminate on the basis of religion when choosing persons to pray at their meetings.
The ACLU represents Cynthia Simpson, a Wiccan, who in 2002 asked to be placed on the list of religious leaders invited to deliver the invocation at meetings of the Chesterfield County Board of Supervisors. Simpson received a letter from Chesterfield County Attorney Steven L. Micas stating that only religious leaders who practice a religion within the Judeo-Christian tradition are allowed to pray. Chesterfield allows Christians, Jews and Muslims to open its meeting with a prayer, but excludes all other religions.
In July 2003, Richmond U.S. District Court magistrate judge Dennis W. Dohnal ruled that by preferring some religions over others, the Chesterfield County Board of Supervisors violated the constitutional mandate for separation of church and state and discriminated against minority religions. The judge ordered the County to change the policy to include all faiths or to stop using the policy altogether. Instead, Chesterfield County appealed.
On April 14, 2005, a three-judge panel of the Fourth Circuit ruled that discriminating on the basis of religion in the selection of persons who deliver prayers at government meetings is permissible.
“Our position is a simple one,” said ACLU of Virginia executive director Kent Willis. “We cannot find any instance in American jurisprudence allowing the government to officially prefer some religions over others. Indeed, all we can find is the opposite-- repeated admonitions against the government when it discriminates on the basis of religion.”
“We are hoping that the full Fourth Circuit will bring a fresh perspective to this case and strike down Chesterfield’s discriminatory prayer policy,” added Willis.
The case is Simpson v. Chesterfield County Board of Supervisors. Lawyers representing Ms. Simpson are: Rebecca K. Glenberg, legal director, ACLU of Virginia; ACLU cooperating attorney Victor M. Glasberg of Glasberg & Associates in Alexandria; and, Ayesha Khan, legal director for Americans United for Separation of Church and State.
An electronic copy of the petition filed yesterday is the ACLU of Virginia. Please send your request to acluva@acluva.org
ACLU of Virginia Contacts: Kent Willis, Executive Director Rebecca K. Glenberg, Legal Director 804-644-8022
