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1/11/2006 Rutherford Institute Attorneys File Landmark Free Speech Lawsuit
“By adopting a prayer policy that allows only nondenominational prayer, the City Council has effectively deprived Turner of his freedom of speech under the First Amendment,” stated John W. Whitehead, president of The Rutherford Institute. “Ironically, Hashmel Turner is being discriminated against because of what he might say.” There has been increasing confusion over the issue of prayer and/or invocations at City Council meetings since the Fourth Circuit Court of Appeals issued its 2004 decision in Wynne v. Town of Great Falls, South Carolina, in which the court held that City Council members in Great Falls violated the First Amendment’s Establishment Clause by engaging in prayers that contained explicit references to a deity of one specific faith. A subsequent ruling in Simpson v. Chesterfield County Board of Supervisors added to the confusion when the court rejected a challenge to a county board’s practice of opening board public meetings with a prayer. For years, the Fredericksburg City Council has allowed its council members on a rotating basis to open meetings with a prayer without placing any restrictions on the nature of that prayer. On those occasions when it has been his turn to offer a prayer, city councilman Hashmel Turner, in keeping with his Christian beliefs, has ended his prayers by briefly invoking the name of Jesus Christ. However, on two separate occasions over the past several years, the Virginia ACLU has raised objections to Turner’s prayers and has threatened to sue the City for allowing the sectarian prayers. In its most recent letter, the ACLU demanded that the Fredericksburg City Council take official action to prevent Turner from offering a prayer according to his religious beliefs and conscience. Turner, who also serves as acting pastor for First Baptist Church of Love in Fredericksburg, has refused to compromise his religious beliefs by allowing others to dictate how he prays. On November 8, 2005, the Fredericksburg City Council acceded to the ACLU’s demands and adopted a prayer policy that could make Turner’s sectarian prayers “disorderly conduct,” subjecting him to punishment and fines. In filing suit against the City of Fredericksburg’s City Council for its discriminatory policy, Institute attorneys are asking the court to declare that the Council’s prayer policy is an unconstitutional violation of Turner’s free speech rights and allow Turner to pray in accordance with his conscience and his religious beliefs. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights. Related links: Sign-up to receive The Rutherford Institute's Insider Report E-newsletter! Sign-up to receive John W. Whitehead's Weekly Column today! Sound Off! Tell us what you think about this news story! Get your free copy of the Bill of Rights! Support the Fight! Give Today! Rutherford News Archives Recent Victories!
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