I finally had a chance to read through Judge James Beaty's decision, handed down yesterday, ruling the prayers opening Forsyth County's (NC) board meetings unconstitutional. He emphasized an important point that defines the issue, one that finds broad agreement in courts whether detractors and some local governments want to accept it or not (my emphasis):
This Court honors and respects those rights that all citizens share to express their religious beliefs freely and to pray in the manner that each believer by his or her own faith may be led. However, the present case does not involve any infringement of the private rights of citizens to Free Speech or Free Exercise of Religion. Instead, this case involves only the sole question of whether the Government has endorsed a particular belief or faith in violation of the Establishment Clause.
And in a footnote:
…this Court specifically rejects Defendant's contention that the "legislative prayers" at issue in this case should be viewed as private speech.
Court after court has found this to be true: prayers officially opening government meetings are government speech, not private speech. And yet, many local governments across the country continue to flout this principle. The Winston-Salem Journal coverage I linked to earlier today reports that the taxpayers of Forsyth County could face a bill of $100,000 in attorney's fees over this case, due to the (frankly predictable) loss, a number that "would likely double if the county takes the case to the next level, the U.S. Court of Appeals for the 4th Circuit."
Judge Beaty noted that the County has reasonable alternatives, like proceeding with only non-seectarian prayer, which the Supreme Court has clearly allowed as constitutional, or ceasing the practice of government prayer altogether. Commissioners are currently weighing their options to appeal to the 4th Circuit.
