The Public Prayer War Escalates
Few could have envisioned that when Wiccan Darla Kaye Wynne first filed suit against the small South Carolina town of Great Falls in 2001, that it would spark a seven-year judicial and legislative odyssey that threatens to escalate into a full-blown national legal battle over public prayer. Yet, with this (initially) small suit over sectarian prayer at governmental meetings, that is exactly what happened. A slow-brewing conflict that has now spawned a legislative strategy designed to silence future Darla Wynnes, and will soon face legal challenges as the "South Carolina Public Invocation Act" shortly becomes law.
"The South Carolina General Assembly unanimously passed a bill Wednesday that provides guidelines to public bodies within the state regarding their right to open a meeting with prayer. The bill, which adopts a version of the Alliance Defense Fund’s model invocation policy, now awaits a signature from Gov. Mark Sanford to become law. Sanford has already indicated his intention to sign it."
The Alliance Defense Fund's "model invocation policy" was designed after two cases involving Pagans and sectarian prayer earned national attention. South Carolina is their first big test of the policy, which intentionally creates "constitutional confusion" over sectarian prayer and places legal roadblocks intended to dissuade future lawsuits. Needless to say, the ACLU is readying itself to challenge the law. The ACLU national board recently took over the local South Carolina chapter, after it became clear there was a crisis of leadership and fundraising hindering it from addressing these upcoming issues.
"If there is one state that can ill afford an ineffective chapter of the American Civil Liberties Union it arguably is South Carolina ... in recent years [the SC ACLU chapter] been hampered by ideological squabbling among its board members, staff leadership turnover, lackluster membership and fundraising numbers and a virtually nonexistent media presence. Aware of the problems for some time, the national ACLU board has decided to step in and try to right the ship."
At stake are the religious freedoms of religious minorities in South Carolina, and ultimately, all over this country. Those who live in smaller towns, rural areas, and states unfriendly to the sort of diversity we represent. The ones who aren't lucky enough to live in the Bay Area, Salem, or Paganistan. A small prayer to Jesus may not seem like a big deal, until your realize that without the promise of a secular government, our rights to an equal place at the table are jeopardized, and we are ultimately afforded second-class status due to our non-Christian allegiance. Which is why Hindu, Buddhist, and Native American groups have lined up in the past to support Pagans fighting against "Judeo-Christian" sectarian prayer.
"As adherents of non-Judeo-Christian religions, Hindu Americans, Buddhist Americans, and Native Americans have a direct interest in this [Cynthia Simpson's] case. They, like all Americans, are guaranteed religious freedom by the religion clauses of the First Amendment. The ability of these minority religious groups to take part equally in American civic life, a fundamental freedom protected by the religion clauses, is threatened by the Fourth Circuit's holding that the Establishment Clause does not prohibit governments from excluding non-Judeo-Christian clergy from eligibility to offer legislative invocations."
So expect a big legal fight in the near future (which, once again, pits the ACLU against the Alliance Defense Fund), one that could very well head to the Supreme Court, and don't expect too many South Carolina lawmakers to come out in support of religious minorities. South Carolina is a place where even Democrats don't believe Wicca is a real religion. A loss here will mean similar prayer laws sprouting up anywhere the Alliance Defense Fund has enough pull (places like Texas and Oklahoma, for example).
If you were ever looking for proof that the small legal battles Pagans get involved in matter, or that issues over sectarian prayer are important, look no further than South Carolina, and the small town of Great Falls. Where a single Pagan stood up and fought for a local legislative body that worked for all its citizens, not just the Christian ones.
Labels: ACLU, Alliance Defense Fund, Christianity, Cynthia Simpson, Darla Wynne, law, litigation, Paganism, politics, prayer, South Carolina
Here in Western Colorado we are also enduring a local battle over prayer at publicly funded meetings. Please check out the local news story:
http://www.gjsentinel.com/news/content/news/stories/2008/05/20/052108_1a_invocation.html
Unfortunately, most of the locals are conservative Christians who believe that others should sit down and shut up.
http://community.gjsentinel.com/tag/invocation/
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