Commissioners to continue alternate prayer practice

Published 12:05 am Wednesday, June 3, 2015

The Rowan County Board of County Commissioners will continue using recently implemented prayer practices for meetings as it appeals a federal judge’s ruling, according to Commissioners Chairman Greg Edds.

Edds said a chaplain or local pastor would continue offering opening prayers at meetings. Commissioners will also read a short disclaimer before the opening prayer of each meeting, he said. A disclaimer about prayer was read Monday by Edds for the first time.

“We all respect the fact that there are different opinions,” Edds said when contacted Tuesday. “We want to respect those opinions and handle this in a way that ultimately will reflect positively on the decision and the citizens of Rowan County.”

Edds couldn’t confirm whether Rowan Sheriff’s Office chaplain Michael Taylor would continue offering the opening invocation. If Taylor is still willing, Edds said, Taylor would continue as the pastor.

Taylor was selected to lead opening prayers as part of a 2013 resolution passed by a crop of commissioners that included former chairman Jim Sides, Chad Mitchell, Jon Barber, Craig Pierce and Mike Caskey. The resolution became effective in May, when federal Judge James A. Beaty Jr. issued a permanent injunction with a ruling that declared prayer practices from 2007 to 2013 unconstitutional.

The resolution allows the chairman of the Rowan County commissioners to set the length of a pastor’s appointment. Commissioners must nominate and vote on a new pastor to lead prayers if an appointment expires. Taylor and future chaplains aren’t limited on the content of prayers, according to the resolution. Excessive “sectarian references,” however, are discouraged.

The resolution includes a disclaimer, intended to be read at the start of each meeting. It hasn’t been used since Beaty’s permanent injunction. A different disclaimer was read at the start of Monday’s meeting, where commissioners voted unanimously to continue an appeal.

Edds said his disclaimer contains language recommended by The Gibbs Firm, a Texas-based group that’s representing Rowan County at no cost.

“Citizens are not required to stand for a prayer. Those who do not wish to participate in the prayer are free to remain seated or to momentarily remove themselves from the room and return for the pledge (of allegiance),” Edds said as part of the disclaimer on Monday.

At the start of his prayer on Monday, Taylor also said attendees had an option to stand and participate in the prayer. Nearly the entire room — packed to the brim — stood up to participate.

After more than an hour and a half of discussion, including public comments, Rowan County commissioners on Monday voted unanimously to appeal Beaty’s ruling. The appeal will be in the U.S. Fourth Circuit Court of Appeals.

When asked, Edds said the effect of commissioners’ vote on business recruitment and economic development “is just a non-issue.”

The official appeal is dated June 2. However, court documents show the appeal was submitted on Monday.

Robert Voelker, a former Lutheran pastor and plaintiff in the lawsuit, said he wasn’t surprised by the vote by commissioners.

“Rowan is quite a conservative county in terms of religious and political persuasion,” he said. “I don’t have that many thoughts on the commissioners’ vote. I thought it was pretty clear what the verdict was.”

Voelker also said he wasn’t surprised that more people haven’t spoken against the commissioners’ prayer practices.

“People who didn’t feel free to speak on may be afraid of financial or other business reprisals,” he said.

Voelker and two other plaintiffs are being represented by the American Civil Liberties Union in the lawsuit. Chris Brook, the organization’s legal director, said people may still feel excluded from participating in government and attending meetings because of the appeal.

“I think that Judge Beaty’s decision is a very persuasive and powerful explanation of what the establishment clause prohibits,” Brook said. “Namely, that’s discrimination against religious minorities.”

He was unable to immediately provide figures for legal fees to date, which Rowan County could be responsible for. Brook said the costs are likely to be more than $100,000. And, he said preparing a case for the U.S. Fourth Circuit Court of Appeals is an intensive process.

Contact reporter Josh Bergeron at 704-797-4246.