This is the APPLE Biter Blog, commentary and news on local religion and secular government.

Sunday, September 21, 2014

Galloway-Wise, Is the ECSB Prayer Policy Legal?

Not really.  Remember, this is a school prayer issue, not a legislative invocation case.  See other posts and FFRF letter about that.

But, if the ECSB claims the right to have official, sectarian-led prayer at meetings, they must follow Galloway v Greece NY (SCOTUS May, 2014).  Besides allowing this outdated tradition, the biggest point of Galloway is that government boards may not discriminate in deciding who can give invocations.  Religious discrimination is exactly what the ECSB (and some of the BOCC) are doing by rejecting minority invocations (mine and others) - in addition to other coercive, exclusive violations.

(partial) SUMMARY OF GALLOWAY V GREECE NY:
"The Supreme Court’s ruling, authored by Justice Kennedy, makes clear that local governments must make "reasonable efforts to identify all of the congregations located within its borders" and welcome an invocation by anyone who wishes to give one, regardless of their faith. The majority decision also states that the policy must be one of nondiscrimination.  The opinion adds that the invocations must not "denigrate nonbelievers or religious minorities, threaten damnation, or preach conversion."


How have my offers (and others) been receivedm "regardless of faith"?

Jeff Bergosh:  When I originally asked this ECSB board member if I may deliver a prayer, his first question was "Are you Christian"  No, I said.  "What are you?"  "I'd like to give a Pagan invocation" I said.  "... I will not ever, ever have that on my watch" He replied.  The call went downhill from there and he hung up soon after.  He went on to say (before the PNJ reporter) that he chooses invocation speakers that represent him.  Forget that he represents others, right?  For "diversity", he then invited a Jewish friend - instead of considering offers already made by other minorities.  He repeated his determination not to allow a "Satanic" prayer, though I never offered to give one.

Patty Hightower:  To her credit, she accepted my offer when first offered, even after I told her it would be Pagan.  See the email exchange in another post.  At the last meeting where this was address, she withdrew her offer, saying she can't have me "offending" anyone. Never mind that 100% Biblical, government-led prayer offends someone at every large board meeting. She said it's not a religious issue, but a personal one because she doesn't trust me to deliver a prayer that won't offend.

Mr Boone:  He simply sent an email response to all who asked: "I wii not need your service".  Mr Slayton (who has staff at East Brent Baptist Church fill all his invocation slots) and Ms Moultrie (up for re-election) have not answered.

They ALL confirmed that they like the current system - of personal and religious privilege determining who gives the prayer.  They would not consider an inclusive moment of silence - what they require at school events in lieu of a prayer.  Some said might feel different if facing litigation.

The ECSB has not shared any written policy outlining how they choose invocations and on what basis they may turn down (discriminate against) offers like mine.  I challenge them to do so - and to answer in writing (as promised) why they are turning down minority invocations.

The ECSB has not offered any guidelines about the content of the prayers themselves.  As a result, you often hear staff delivering invocation prayers and endorsing Christianity explicitly.  I've also heard proselytizing.  ECSB does not offer any guidelines against denigrating other religions, trying to convert the audience, calling for damnation if not saved, staff leading prayers, endorsing one religion, board members asking the audience to stand and take part, or any other Galloway-related safeguards.

In other words, ECSB violates the very ruling they claim gives them the right to have official, sectarian, Biblical-only prayers at every (large) meeting, with students always present.  They also violate their own policies.

Does this sound to you like the establishment of religion by a government body?  To me, it sure does.  That's discriminatory and unconstitutional.  It inhibits the free exercise of religion (yes, even by minorities).  It creates a religious test to participate fully in our government.  In short, it's not right in a nation of equality, religious freedom and separation of church and state.

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