WINSTON-SALEM, NC - Acting on behalf of several Forsyth County residents, the
American Civil Liberties Union of North Carolina and the Winston-Salem Chapter
of Americans United for Separation of Church and State filed a lawsuit in
federal court today, challenging the use of sectarian invocations to open
official meetings of the Forsyth County Board of Commissioners.
The lawsuit
was brought on behalf of longtime residents of the county who have attended or
witnessed meetings of the Forsyth County Board of Commissioners at which
sectarian prayers were used and who object to this practice as a violation of
the Constitutional rights of all county residents.
"The lawsuit does not seek
to prevent the Forsyth County Board of Commissioners from opening government
meetings with a prayer," said ACLU of North Carolina Staff Attorney Katherine
Lewis Parker. "Rather, our clients ask only that any prayers or invocations used
to open Forsyth County Commissioners meetings be offered in a nonsectarian
manner, consistent with respect for the diverse beliefs of all residents of
Forsyth County and the Constitutional requirement that the government not prefer
any particular religion over other faiths."
In 1983, the United States
Supreme Court ruled in Marsh v. Chambers that if a legislative body chooses to
open its meetings with a prayer, such prayer must not be "exploited to
proselytize or advance any one, or to disparage any other, faith or belief." The
prayers before the legislature that were upheld in the Marsh case were
nonsectarian - in other words, the prayers were not specific to any particular
religion. In addition, the Fourth U.S. Circuit Court of Appeals, whose
jurisdiction includes North Carolina, has repeatedly and recently upheld this
principle of government neutrality in religious matters by insisting that
legislative invocations be nonsectarian in nature.
"These are public
meetings, and people of all religious viewpoints ought to feel welcome there,"
said Steve Weston, President of the Winston-Salem Chapter of Americans United
for Separation of Church and State. "The county commissioners have ignored the
advice of even their own attorney and have refused to take action to ensure that
future invocations are non-sectarian."
Plaintiff Janet Joyner is a retired
college professor who has lived in Forsyth County for more than 30 years.
Plaintiffs Osborne Mauck and Connie Blackmon are longtime county residents who
have also witnessed Forsyth County Commissioners' meetings at which sectarian
invocations were delivered. All three object to this practice on the grounds
that their elected officials are supposed to represent and serve all members of
the community, and by allowing invocations that promote one particular set of
religious beliefs, the county commissioners are not being inclusive of all
people of faith in the community. Moreover, the plaintiffs point out that their
elected officials took an oath to uphold the Constitution and laws of the United
States, and the use of sectarian invocations at the county commissioners'
meetings has been repeatedly held unconstitutional.
"It's a matter of basic
fairness," said Joyner. "Our county commissioners meetings are official
government meetings, and the government needs to treat all members of the
community equally and respect people of different faiths. Sitting in the
audience when sectarian prayer was used to open the meeting, it was clear that
our government was not being religiously neutral or inclusive of all residents
of Forsyth County."
The lawsuit, filed in United States District Court for the Middle District of North Carolina, asks the court to declare the practice of allowing sectarian invocations unconstitutional and to enjoin any further use of sectarian invocations at future Forsyth County Board of Commissioners' meetings.