MANATEE -- The Manatee County Commission has been asked by a non-profit organization to halt prayers before its meetings, contending they violate the nation’s constitutional principle of separation of church and state.
“Removing official prayers from government meetings is the only way to respect the rights of conscience of all citizens, and ensure that the board is in compliance with the Constitution,” wrote Patrick Elliott, staff attorney at the Freedom From Religion Foundation Inc., of Madison, Wis.
In a letter to Commission Chairwoman Carol Whitmore, Elliott contends that prayer at government meetings is “unnecessary, inappropriate, and divisive.”
“Commissioners are free to pray privately, or to worship on their own time in their own way; they do not need to worship on taxpayers’ time,” he added.
According to its website, the nonprofit Freedom From Religion Foundation “works to educate the public on matters relating to nontheism, and to promote the constitutional principle of separation between church and state. The Foundation is the nation’s largest association of freethinkers (atheists, agnostics and skeptics) with over 17,000 members.”
County Attorney Tedd Williams said Monday he did not think the foundation has constitutional grounds for complaint, based upon recent rulings in the U.S. Court of Appeals for the 11th Judicial Circuit, which has jurisdiction over federal cases originating in Alabama, Florida and Georgia.
His opinion was seconded by Jim Minix, chief deputy county attorney.
“We’ve looked at the law, and we don’t believe we’re violating that law,” said Minix. “We’re not trying to impose any particular religion on the public or at the meeting; in fact, we try very hard to make it as open and non-denominational as possible.”
He added: “We’re part of the 11th Circuit, and 11th Circuit law and federal law governs, unless it’s overturned by the (U.S.) Supreme Court. We’ve checked those cases out pretty thoroughly, and we feel we’re fully compliant, and could defend ourselves in court if they should file a lawsuit.”
The foundation became involved after Manatee County citizens complained, said Elliott, but he declined to provide the complainants’ names.
Whitmore declined to comment on the matter Monday.
A Stetson University College of Law adjunct professor said that, historically, the evidence is “compellingly clear” that those who wrote the First Amendment thought that what has come to be known as a special category of “legislative prayer” was OK.
“What the Supreme Court has said is it’s different, it has a long history, a long tradition in this country, and it is fine,” said Richard A. Harrison, an attorney in Tampa whose specialty is local government law. “It’s allowed, it’s permissible, unless the practice becomes such it is used to advance one particular religion or disparage another one.”
Sara Kennedy, Herald reporter, can be reached at 941-745-7031.
