Forsyth commissioners vote 4-3 to appeal ruling on prayer

Credit: Journal Photo by Bruce Chapman

The crowd reacts to a speaker at the Forsyth County Board of Commissioners meeting to discuss whether it will appeal a judge's ruling that bars sectarian prayers at commission meetings.

By: Wesley Young | Winston-Salem Journal
Published: February 22, 2010

WINSTON-SALEM -- The Forsyth County Board of Commissioners voted 4-3 tonight to appeal a federal judge's decision to ban sectarian prayer before board meetings.

As expected, board chairman Dave Plyler was the swing vote in a divide that went along party lines. Plyler and fellow Republican Debra Conrad, Richard Linville and Gloria Whisenhunt voted to appeal the prayer case to the Fourth Circuit Court of Appeals.

Opposing them were Democrats Beaufort Bailey, Ted Kaplan and Walter Marshall.

Plyler's vote, at question to the last day, hinged on support that a group of citizens has pledged to defend the county's prayer effort. That group, the N.C. Partnership for Religious Liberty, committed $300,000 over the weekend, counting $55,000 raised earlier.

Plyler had said that he would support an appeal only if citizens promised to make sure it wouldn't cost the county any money to do so. The leader of that group, the Rev. Steve Corts, said over the weekend that $300,000 was enough to at least bring the appeal through the court of appeals.

A conservative Christian legal group, the Alliance Defense Fund, has paid all the county's legal costs and had promised to pay for the county's appeal, even as far as to the U.S. Supreme Court. But the ADF would not pay the ACLU's legal expenses in the event of a county loss.

Citizens upset over references to Jesus in prayers sued the county in 2007 with the help of the ACLU and American United for Separation of Church and State. By allowing those prayers, the plaintiffs said, the county was advancing Christianity at the expense of other religions.

The county contended that its prayer policy was not biased toward any faith because it allowed leaders of all faiths to make prayers of their choosing on a first-come, first- served basis.

Federal Judge James A. Beaty ruled against the county on Jan. 28. He said that because the vast majority of prayers at board meetings were Christian prayers, the county was violating the Establishment Clause of the U.S. Constitution.

While the case is under appeal, the county still won't be able allow sectarian prayers. To do that, the county would have to ultimately prevail in the case.
wyoung@wsjournal.com