4th Circuit Panel Hears City Council Prayer Arguments-- O'Connor on Panel

Yesterday the U.S. 4th Circuit Court of Appeals heard oral arguments in Turner v. City Council of the City of Fredericksburg. The district court in its decision (full text) dismissed the claim by city council member Hashmel Turner that his First Amendment rights were violated when he was not permitted to offer a specifically Christian opening prayer at Fredricksburg (VA) city council meetings. Council policy required invocations to be nonsectarian. (See prior posting.) The Hampton Roads (VA) Daily Press and the Fredricksburg Free Lance-Star report that the 4th Circuit panel hearing oral arguments included retired U.S. Supreme Court Justice Sandra Day O'Connor. Turner's attorney urged the court to hold that Turner's prayers at the beginning of council meetings should be considered private speech protected by the First Amendment, not speech on behalf of the government. He also argued that: "The mere use of the word Jesus isn't itself a denominational term. It encompasses many denominations." The Daily Press reports that "O'Connor called the case black and white in favor of the city."