A federal judge ruled yesterday that the Forsyth County Board of Commissioners is violating the U.S. Constitution by allowing sectarian prayers before board meetings.
Now the commissioners must decide whether to appeal.
Judge James A. Beaty Jr. of U.S. District Court ordered the county to stop having prayers under its current policy, which allows clergy to pray in any manner before board meetings on a first-come, first-served basis. Since the policy was set in March 2007 most prayers have made reference to Jesus.
Beaty said that the effect of the policy has been to "advance a specific faith or belief."
He said that the county has the option of having no prayer before meetings or requiring that prayers be nonsectarian.
Several citizens sued the county over sectarian prayer in 2007, and have been supported by the American Civil Liberties Union and Americans United for Separation of Church and State.
The judge said that the citizens who sued the county may now apply for damages and attorney's fees. ACLU attorney Katherine Parker said that the plaintiffs' legal expenses have come to about $100,000, but would likely double if the county takes the case to the next level, the U.S. Court of Appeals for the 4th Circuit.
Parker said that the ruling sets a standard that other local governments must follow. She said that the judge's order confirms what other cases in the 4th Circuit have decided.
"It is crystal clear now," Parker said.
Angela Carmon, the city attorney for Winston-Salem, said that the city would wait to see if the county appeals before changing its prayer policy. The city chooses prayer-givers among different faiths, but it doesn't tell clergy what to say.
County commissioners remain sharply divided over prayer. Commissioner Walter Marshall said he was "elated" by the ruling. Commissioner Debra Conrad said that the county should "appeal, appeal, appeal."
Commissioner Dave Plyler, the board's chairman, is considered the swing vote among the seven board members. He has said he would be willing to support an appeal if a local citizens' group is willing to cover the county's legal expenses.
The county's legal expenses are being borne by the Alliance Defense Fund, but that national organization won't pay the ACLU's legal expenses in the event of a loss. Mike Johnson, the ADF attorney representing the county, is encouraging commissioners to appeal.
Plyler said he was not surprised that the ruling was against the county.
"What I need to do and what we all need to do is look at that decision and see what the judge said and why he said it," he said.
wyoung@wsjournal.com
727-7369
Journal reporter Laura Graff contributed to this article.
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