NC magistrate says prayer violates First Amendment

WINSTON-SALEM, N.C. — A federal magistrate recommended Monday that the use of prayer to open a board of commissioners meeting in North Carolina violates the First Amendment.

Magistrate Trevor Sharp issued the recommendation on the use of sectarian invocations to open the Forsyth County Board of Commissioners meetings.

The ruling noted that the prayers frequently referred to Jesus or Jesus Christ, and said that such prayers "display a preference for Christianity over other religions by the government."

A lawsuit filed by the American Civil Liberties Union of North Carolina on behalf of Forsyth County residents Janet Joyner and Constance Lynn Blackmon in March 2007 objected to the use of prayer at the meetings. Joyner and Constance also are members of the Winston-Salem Chapter of Americans United for Separation of Church and State, a religious liberty watchdog group based in Washington, D.C., that helped with the case. The magistrate's recommendation carries no legal weight, other than offering guidance to the federal judge who will handle the case.

The county commission had argued that their policy of inviting outside clergy to deliver invocations meant it was staying neutral with regard to prayers. But the ACLU and Americans United argued that any opening prayer must be nonsectarian for the government to be truly neutral.

Attorney Mike Johnson, who represents the county commission, said he believes the recommendation is based on incorrect analysis.

"We respectively disagree with some of the key findings of the recommendation, and we strongly believe it should be modified by the district judge," Johnson said.

Ayesha N. Khan, legal director for Americans United, said the magistrate judge's finding is on target.

"The board of commissioners is elected to do the public's business, not meddle in religious matters," she said. "The Constitution gives government officials no authority whatsoever to prefer one faith over others."

Sharp's recommendation will now go before a federal district judge, who will make a final ruling.

Johnson said the county commission plans to release a supplemental brief arguing Sharp's recommendation. The ACLU will then have 10 days to respond.

Messages left at the homes of Joyner and Blackmon were not immediately returned.