RICHMOND, VA – In a divided 2-1 ruling, a three-judge panel from the U.S. Court of Appeals for the Fourth Circuit today reversed a lower court decision that found the commissioners of Rowan County, North Carolina, violated the Constitution when they coerced public participation in prayers that overwhelmingly advanced beliefs specific to one religion.
The American Civil Liberties Union, which represents three Rowan County residents in a challenge to the commissioners’ prayer policy, says it will ask the Fourth Circuit to review the ruling en banc, in which the case would be heard by all 15 judges on the Fourth Circuit. In a dissenting opinion today, Judge J. Harvie Wilkinson wrote that “the message actually delivered in this case was not one of welcome but of exclusion” and that “it is the combination of the role of the commissioners, their instructions to the audience, their invocation of a single faith, and the local governmental setting that threatens to blur the line between church and state to a degree unimaginable in [the Supreme Court’s decision in] Town of Greece.”
“Today’s ruling is out of step with the First Amendment’s protection of religious liberty for all, and we will ask the full appellate court to review this decision,” said Chris Brook, Legal Director for the ACLU of North Carolina. “Rowan County residents should be able to attend local government meetings without being coerced to participate in a sectarian prayer or worry that the commissioners may discriminate against them if they do not. As Judge Wilkinson wrote in his dissent today, the facts in this case are a ‘conceptual world apart’ from those the U.S. Supreme Court upheld in Greece, New York, and that is why we will seek en banc review.”