Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

Fredericksburg’s ‘non-sectarian’ prayers upheld

NewsReligious Herald  |  August 6, 2008

FREDERICKSBURG (ABP) — Sandra Day O'Connor has had her say again on an important church-state decision, in this case saying a Virginia city council's practice of offering non-sectarian prayers does not violate the United States Constitution.

The retired U.S. Supreme Court justice, sitting by special appointment on the 4th U.S. Circuit Court of Appeals, wrote a July 23 decision for a unanimous three-judge panel. The judges upheld the city's policy against invoking the name of Christ while delivering prayers at council meetings.

In the case, Turner v. City Council of Fredericksburg, the judges said they did not violate the rights of one of its own members, Hashmel Turner, a part-time Baptist minister, who claimed in 2005 that the policy violated two parts of the First Amendment. He said it ran afoul of the establishment clause, which bans government endorsement or advancement of religion, and the free-exercise clause, which bans government from impeding the religious practice of an individual or group.

O'Connor and her colleagues disagreed with Turner.

“The council's decision to provide only non-sectarian legislative prayers places it squarely within the range of conduct permitted by” U.S. Supreme Court precedent on legislative prayer, O'Connor wrote. “The restriction that prayers be non-sectarian in nature is designed to make the prayers accessible to people who come from a variety of backgrounds, not to exclude or disparage a particular faith. The council's decision to open its legislative meetings with non-denominational prayers does not violate the establishment clause.”

On the free-exercise argument, O'Connor said, “Turner was not forced to offer a prayer that violated his deeply held religious beliefs. Instead, he was given the chance to pray on behalf of the government.”

Although he was unwilling to do so on the terms that his colleagues had set forth, O'Connor wrote, Turner “remains free to pray on his own behalf, in non-governmental endeavors, in the manner dictated by his conscience.”

The dispute began when Turner was elected to the council in 2002. Council members had, for years, taken turns opening meetings with an invocation of their choice. When his turn came around, Turner began offering prayers that invoked the name of Jesus Christ. After complaints from some residents and the threat of a lawsuit from the American Civil Liberties Union, the council adopted the non-sectarian prayer policy in 2005.

When Turner's name came up again in the prayer rotation after the new policy was passed, the council chairman asked him if he planned to offer his prayer in Christ's name. When Turner said he did, the chairman called on another council member to offer a prayer instead.

Attorneys for a Charlottesville-based conservative group, the Rutherford Institute, took up Turner's cause. They argued that the city discriminated against orthodox Christianity by allowing prayers in the name of “God” but not “Jesus Christ.”

Turner said O'Connor's ruling was off-base, according to the Fredericksburg Free Lance-Star. “She didn't feel my rights were being violated, but my rights are definitely being violated,” he told the newspaper. “It removed an opportunity for me to pray in the manner of my conviction and my belief.”

Attorneys for Turner have said they would appeal the case to the Supreme Court.

Related

Tags:Robert Marus2008 ArchivesAssociated Baptist Press
Avatar
More by
Religious Herald
  • This BNG series of articles on Christianity and democracy led toward the July 4 celebration of America’s 250th birthday. The series was curated by Carol McEntyre, senior minister at First Baptist Church of Greenville, S.C.  See the series here.

     

  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • The fight behind the 9/11 vow to ‘Never Forget’

      Opinion

    • Trump administration thwarts global vaccine catch-up

      Analysis

    • Another SC church accused of not limiting known sex offender

      News

    • Second Baptist Houston members try one last legal maneuver

      News


    Curated

    • Huachuma, the Andean psychedelic cactus, is drawing Western seekers and raising ethical questions

      Huachuma, the Andean psychedelic cactus, is drawing Western seekers and raising ethical questions

    • An AfD win has panicked some Jews who fear a throwback to Nazi Germany

      An AfD win has panicked some Jews who fear a throwback to Nazi Germany

    • As Salvadoran TPS deadline nears, Hispanic Pentecostal leaders urge immigration protections

      As Salvadoran TPS deadline nears, Hispanic Pentecostal leaders urge immigration protections

    • The Questions ChatGPT Can’t Answer

      The Questions ChatGPT Can’t Answer

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • bh