The last filings in a lawsuit over public prayer at the Forsyth County Board of Commissioners should be handed to federal court by Monday, attorneys on both sides of the case said yesterday.
Several residents sued the county in federal court in March 2007, charging that the county was endorsing Christianity in an unconstitutional way by allowing prayer-givers to include references to Christ in the prayers given before meetings of the county board.
The American Civil Liberties Union is representing Janet Joyner and Constance Lynn Blackmon, who filed the suit. The county's defense is being handled by the Alliance Defense Fund, which is handling court costs under an agreement with the county.
"We have not been advised of a date for an oral argument," said Michael Johnson, the ADF attorney representing the county. "My suspicion is that there may not be one."
Just how soon the court will rule is unknown, Johnson added. It could be within two weeks or take a month or more.
Both sides are asking the court for summary judgment -- in essence, to rule on the case without bringing it to a trial. Both sides have made their motions for summary judgment. Late last week, both sides also filed their responses to the motions. By Monday, their final replies should be in, bringing to a close the filing of documents in the case.
"We all think it is ripe for a decision," said Katherine Parker, the ACLU attorney representing Joyner and Blackmon.
Parker, in her latest filing, said that because the prayers are government speech, the county "not only has the authority to prohibit the sponsorship of sectarian prayers … it has the duty to do so" under the U.S. Constitution.
"The county cannot prefer one sect over another and that is what we have here," Parker said, referring to the prayer practices at commissioners' meetings. "To be as fair as you could get would be to say to invited clergy that you are speaking as a government speaker and the government has to remain neutral on issues of religion."
In the county's latest filing, Johnson argues that the content of prayer doesn't matter as long as it is not used to advance one religion over another. The county's policy of allowing prayer-givers from any faith to pray as they want to offers what Johnson in his filing calls "a virtual gold standard of neutrality."
"We remain confident in the merits of the case," Johnson said. "The board has acknowledged respect for the diversity of religious denominations. (There is) no ulterior motive to establish Christianity or disparage others."
■ Wesley Young can be reached at 727-7369 or at wyoung@wsjournal.com.
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