Court upholds ruling against praying councilman

FREDERICKSBURG, Va. — In a decision hailed by supporters as a victory for the separation of church and state, a federal appeals court upheld a Fredericksburg, Va., policy that restricts praying “in Jesus’ name” before city council meetings. City Councilman Hashmel Turner, who’s also a Baptist minister, claimed the requirement that all prayers be nondenominational violated his First Amendment rights to free speech and free exercise of religion.

A three-judge panel for the 4th U.S. Circuit Court of Appeals upheld a lower court’s 2006 decision July 23, saying that Turner’s prayer constituted “government speech” rather than protected private speech. Turner filed suit two years ago after the city mandated that all prayer offered before legislative sessions be nondenominational. The policy was implemented under pressure from the American Civil Liberties Union, which took action after Turner repeatedly invoked “Jesus Christ” in his prayers.

Representatives for Turner warned that O’Connor’s opinion could set a slippery judicial precedent. “Can a president be sworn in on a Bible now? It’s an easy leap,” said John Whitehead, who argued Turner’s case on behalf of the conservative Rutherford Institute.