NC magistrate: Sectarian prayer before county commissioners meeting violates First Amendment

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Published: November 11, 2009

WINSTON-SALEM, N.C. (AP) — A federal magistrate concluded Monday that opening a board of commissioners' meeting with sectarian prayer violates the First Amendment.

Magistrate Trevor Sharp issued the recommendation in the case of the Forsyth County Board of Commissioners' meetings. The magistrate's recommendation carries no legal weight, other than offering guidance to the federal judge who will make a final ruling.

Sharp noted that the invocations frequently referred to Jesus or Jesus Christ, and said such prayers "display a preference for Christianity over other religions by the government."

The American Civil Liberties Union of North Carolina had filed a lawsuit over the prayers two years ago on behalf of Forsyth County residents Janet Joyner and Constance Lynn Blackmon.

The county commission had argued that their policy of inviting different clergy to deliver invocations meant it was staying neutral. But the ACLU and Americans United argued that any opening prayer must be nonsectarian for the government to be truly neutral.

Joyner and Constance are members of the Winston-Salem Chapter of Americans United for Separation of Church and State, a watchdog group based in Washington, D.C.

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