Forsyth suit could affect prayers in Guilford
GREENSBORO — If a federal judge rules against sectarian prayer during public meetings in Forsyth County, that opinion could provide the basis for a challenge to similar prayer in Guilford County.
Commissioners in Guilford and Forsyth counties regularly allow prayer before public meetings, and they often reference Christianity more than other religions.
“The government can’t take sides in religious matters,” said Jennifer Rudinger, director of the American Civil Liberties Union of North Carolina.
The ACLU is backing a lawsuit from two Forsyth County residents who accuse the county of allowing sectarian prayer, which has been ruled against in higher courts but not challenged locally.
Magistrate Judge P. Trevor Sharp said this week in a recommendation to the U.S. District Court for the Middle District of North Carolina that mentions of Jesus, Jesus Christ and Christ during invocations were sectarian and should not be allowed. Sharp wrote that his recommendation was bound by judgments by the Supreme Court and U.S. Court of Appeals against sectarian prayer in public meetings.
Quoting scripture during prayer is also considered sectarian, according to case law. Courts have ruled that using the words Lord or God during invocations is not considered sectarian.
Sectarian mentions are common during invocations in Guilford County Board of Commissioners meetings. “We just need to find a way to keep prayer in our meetings and by any means necessary,” Chairman Melvin “Skip” Alston said. “We need to continue to have prayer.”
The Forsyth County case could affect any future lawsuit against Guilford County. Sharp’s recommendation will go to Chief District Court Judge James A. Beaty Jr.
Prayer isn’t being challenged, Rudinger said, but sectarian prayer is. “The U.S. Supreme Court rules that invocations which open government meetings are OK as long as the invocation itself is nonsectarian,” she said.
There are no similar suits against the Guilford County Board of Commissioners. Prayer before meetings usually comes from invited religious leaders throughout the county. Those pastors primarily represent Christian denominations and sometimes include quotes from scripture. A rabbi led the invocation Oct. 1.
“We have had a diverse group of religious leaders from different faiths offer these prayers,” Guilford County attorney Mark Payne said. “Our practice is within the law and representative of our community.”
Greensboro City Council meetings begin with a moment of silence but no spoken prayer. In 2007, the High Point City Council set a policy on invocations asking that prayers not include sectarian references.
“As long as we don’t do it up there on the dais in the meeting, we can pray in Jesus’ name,” High Point Mayor Becky Smothers said.
Some council members gather before meetings to pray, she said. “I personally feel that it’s really important to ask for God’s help,” she said.
Meanwhile, the district court that covers Guilford and 23 other counties in the state will review the Forsyth County case.
And Guilford County commissioners will keep on praying. “Unless the law says we can’t, we will,” Alston said. “As long as we can, we will.”
Contact Gerald Witt at 373-7008 or gerald.witt@news-record.com
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