Legislative Prayer Legal Decisions Background

Legislative Prayer Legal Decisions Background

            The Castle Rock Town Council prayers to start business meetings continue a long tradition that began in the very first Congress of our new nation in 1789. Shortly after passing the amendments known as The Bill Of Rights, including the First Amendment’s religion clauses, the House voted to pay a stipend to ministers to say prayers to open their meetings. This followed custom (of the Continental Congress and official bodies of the earlier colonies). Other accommodations for religion were made that included paid military and prison chaplains..
            State legislatures and many local government groups continue the practice of prayers to open their sessions. In 1983 this practice of the Nebraska Legislature was challenged as violating the Establishment Clause of the First Amendment. The U.S. Supreme Court upheld the practice, citing the history and declaring, “the practice of opening legislative sessions with prayer has become part of the fabric of our society.”  (Marsh v Chambers, 1983) Such invocations are considered acceptable, as long as they do not advocate one sect or belief, or denigrate any beliefs. In short, they should be non-sectarian. There have been disagreements on cases in the lower courts over whether such prayers can be sectarian, such as mentioning Jesus Christ.
            Thus the Castle Rock and similar practices are considered acceptable for historical reasons, but this does not take into consideration the increasing diversity of our residents, and it raises ethical questions of whether these prayers, almost exclusively Christian, give the IMPRESSION to those with other beliefs, or none, that the town has established a religion. And clearly, the town’s business must be totally secular and all must be treated equally. 

The Town Council’s Invocation Prayer Rules

            The invocation rules and guidelines can be found on the Town’s website: www.CRgov.com. On the left margin, select “Town Council Agenda Packet” then select “Council Meeting Invocation”.
            These raise questions whether all belief groups are eligible to present the invocations, and the rules raise the issue of government regulating the content of prayers. The Bill of Rights is clear in saying that government has no power to regulate religious expression!

Councilors’ Positions on the Invocations

            Councilmember Paul Donahue proposed the prayer, which passed 4-2, with Mayor Reed absent. Councilmembers Lehnen and Dulleck voted against the prayer. Lehnen suggested beginning the meetings instead with a moment of silence. Councilmembers Wilson, Procopio, Reilly and Donahue voted in favor of the prayer.

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