Despite the strong ruling finding their opening prayer policy unconstitutional, and the near-certain costs to come in continuing the fight, the Forsyth County, NC Board of Commissioners voted 4-3 last night to appeal the decision. The Winston Salem-Journal reports that a group offered a pledge to put up the money, swinging the final vote.
[Chairman Dave] Plyler's vote, at question to the last day, hinged on support that a group of citizens has pledged to defend the county's prayer effort. That group, the N.C. Partnership for Religious Liberty, committed $300,000 over the weekend, counting $55,000 raised earlier.
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A conservative Christian legal group, the Alliance Defense Fund, has paid all the county's legal costs and had promised to pay for the county's appeal, even as far as to the U.S. Supreme Court. But the ADF would not pay the ACLU's legal expenses in the event of a county loss.
Since the Supreme Court's ruling in Marsh, has any federal appeals court found in favor of a local government's argument that they should be able to open official meetings with distinctly sectarian prayer? As far as I have seen, courts have been consistent: such prayers are government speech, not private speech, and may not promote one faith over another. Maybe this one will be different?
