Board may press case

An appeal looks increasingly likely if the county loses a suit over sectarian references in public prayer.

Four of the seven county commissioners, including Dave Plyler, the board chairman, are voicing support for an appeal if the court accepts the recommendation of federal Magistrate Judge Trevor Sharp and rules against the county.

Plyler's support, though, hinges on a local group committing to pay the full cost of any legal fees levied against the county should the county lose.

That sounded encouraging to the Rev. Steve Corts, a local pastor who is leading a group of citizens in support of the county's policies.

"We are willing to make the effort to raise the money for the next level," Corts said. "So we are glad to hear his (Plyler's) willingness. That was encouraging news for us. We will work out the details as we go forward." Corts is the leader of the N.C. Partnership for Religious Liberty, a nonprofit formed to support the county.

At this point, there's nothing for either the county or the plaintiffs to decide. The county has filed what could be its last document in the case, and the plaintiffs will soon follow suit. After that, it will be up to Chief District Judge James A. Beaty Jr. of the U.S. Middle District Court to make a ruling.

Under the prayer policy that's being challenged, clergy members can volunteer to lead the opening prayer before board meetings on a first-come, first-served basis. Though the county encourages prayer-givers to be ecumenical, county officials make no attempt to monitor the content of the prayers. Most of the invocations have included Christian references, such as the mentioning of Jesus.

Citizens who object to sectarian prayers sued the county in 2007, saying that the prayers are government speech, and that the overwhelming number of Christian prayers means that the county is endorsing Christianity.

Plaintiffs Constance Blackmon and Janet Joyner -- represented in court by the American Civil Liberties Union and also backed by Americans United for Separation of Church and State -- want the federal court to issue an injunction to stop sectarian prayers at board meetings. They also want the county to pay the ACLU's legal fees for representing them.

The county is being represented by the Alliance Defense Fund, which is covering the county's legal expenses but won't pay any legal expenses awarded to the plaintiffs should the county lose. That's a gap that the N.C. Partnership has said it can fill, although it has raised only $55,000 so far -- an amount that wouldn't pay the costs that the ACLU has already expended on the case.

Plyler said he couldn't name a particular amount that the N.C. Partnership needs to raise but that the group must commit to cover the whole cost. Plyler has long been considered the swing vote on an otherwise evenly-divided board.

"All I am saying is, you give me a legal document that says the county is not responsible," Plyler said, adding that if the group makes the commitment he is "full steam ahead" on going forward with the suit.

Other commissioners supporting an appeal if needed are Debra Conrad, Richard Linville and Gloria Whisenhunt. Linville said that if the cost to the county became a factor it would have to be discussed, but added that he doesn't doubt that the county's supporters could raise the money.

Walter Marshall, who with other Democrats on the board has opposed the majority's position on prayer, called the court case "a wasted effort." He also doubts whether citizens supporting the county in the suit will raise the needed money.

"I don't have any faith that those folks are going to back what they say," Marshall said.

Supporters of the county's position say that the money question is likely moot because they expect an outpouring of support -- from Forsyth and elsewhere -- if the prayer suit goes to the next level at the court of appeals.

It's hard to predict how much an appeal might cost, said John Korzen, a professor of law at Wake Forest University. It depends on the amount of time lawyers spend, how much they charge and whether the court wants oral arguments. Oral arguments cost more because of the time it takes attorneys to prepare for them, he said.

All that's also true at the level of the U.S. Supreme Court, Korzen said, although there's no guarantee the court would even hear the case: The Supreme Court hears only one percent of the petitions it receives every year.

Steve Weston, the president of the local chapter of Americans United for Separation of Church and State, said that his group has talked about the next steps in the legal process.

"I know that we were on this thinking we would be in it for the long haul," Weston said. "We were hoping that the county people would see the wisdom of settling. Legally, our people have been quite confident."

wyoung@wsjournal.com



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