Richmond, VA -- The ACLU of Virginia today filed a friend-of-the-court brief in the Fourth Circuit Court of Appeals in support of Fredericksburg City Council’s policy requiring that its meeting-opening prayers be non-sectarian. City Council adopted the prayer policy in November 2005 after one of its members, Rev. Hashmel Turner, insisted on opening Council meetings with a formal Christian prayer.
The policy drew criticism from the Rutherford Institute, which sued Fredericksburg on Rev. Turner’s behalf, claiming that he was being denied the right to deliver the prayer of his choice. In August 2006, U.S. District Court Judge Spencer ruled against Turner and the Rutherford Institute, saying that the Council’s prayer policy was constitutional.
In his ruling Spencer relied on established legal precedents holding that legislative bodies -- such as city councils -- may begin their meetings with formal prayers, but only if they are non-sectarian. Spencer wrote that the invocation at the beginning of Fredericksburg City Council meetings is “government speech” and therefore cannot be used to promote a particular religion.
The Rutherford Institute then asked the Fourth Circuit to reverse Judge Spencer’s ruling.
“The right to practice the religion of one’s choice is among our nation’s most prized possessions,” said ACLU of Virginia executive director Kent Willis, “but so is religious equality. Individuals and private institutions are free to promote their own religious views, but the government undermines the right of religious equality when it expresses a preference for one religion over others.”
“Fredericksburg’s policy does not interfere with anyone’s right to practice their religion,” added Willis. “It merely makes sure that the governing body for the City of Fredericksburg does not play favorites when it comes to religion.”
The roots of the case were established three years ago when a Fredericksburg resident complained to the ACLU about Turner’s sectarian prayers at the beginning of City Council meetings. After the ACLU intervened, Turner twice stopped participating in the prayer ceremony, but then asked fellow members to allow him to deliver sectarian prayers. The ACLU warned City Council that a lawsuit would be filed if it permitted such prayers. On advice from its attorney, City Council voted to abide by legal precedents and ban sectarian prayers.
Hunton & Williams and People for the American Way are providing direct legal representation to the Fredericksburg City Council. The ACLU of Virginia is supporting City Council with a friend-of-the-court brief.

Contact: Kent Willis (o) 804/644-8022