By Josh Bergeron

josh.bergeron@salisburypost.com

SALISBURY — For the second time, attorneys in Rowan County’s prayer lawsuit will be in federal court for oral arguments.

The suit — Lund V. Rowan County — is scheduled for oral arguments on Wednesday in front of all 15 judges for the 4th Circuit Court of Appeals, known as a rehearing en banc. More than a year ago, a three-judge panel listened to oral arguments in the suit. That panel, by a 2-1 vote, found county commissioners’ prayer practices were constitutional from 2007 to 2013.

On behalf of three Rowan County residents, the North Carolina ACLU last year asked for and received a rehearing en banc.

Daily arguments are scheduled to start at 9 a.m. Wednesday in the 4th Circuit Court in Richmond, Va.

The case centers on whether Rowan County commissioners can offer sectarian prayers at the start of meetings. Specific questions raised over the course of the case include: whether commissioners’ prayer practices disparaged or coerced attendees to participate, whom the prayers were intended for, whether there is a historical precedent for what occurred at commissioners meetings and if elected officials can deliver invocations that are overwhelmingly Christian in nature.

Currently, Rowan County commissioners ask Sheriff’s Office Chaplain Michael Taylor or his son to offer invocations at the start of meetings.

Commission Chairman Greg Edds says he plans to attend Wednesday’s hearing. Edds said he’s looking forward to hearing arguments from both sides and questions that come from the 15-judge panel.

In an emailed statement, the North Carolina ACLU said it’s glad to have another opportunity to argue “in defense of religious liberty for all residents of Rowan County.”

“From the beginning, our clients have sought simply to ensure that when they and others attend local government meetings, they will not have to worry about being coerced into participating in a sectarian prayer that goes against their beliefs and being discriminated against by local officials when they don’t,” the N.C. ACLU said.  “We believe the First Amendment is on our side, and are very encouraged that the full appeals court has agreed to hear this case.”

The ruling will potentially affect Rowan County and all five states in the 4th Circuit.

County commissioners are represented at no cost by Texas-based National Center for Life and Liberty, which has brought in attorneys from various law firms.

The American Civil Liberties Union in 2013 filed the lawsuit against commissioners on behalf of three Rowan County residents.

A district court in 2015 found commissioners prayer practices were unconstitutional. The three-judge panel from the 4th Circuit overturned that ruling in September 2016.

After the en banc review, there’s no specific deadline for the 4th Circuit to issue a ruling.

Contact reporter Josh Bergeron at 704-797-4246