WINSTON-SALEM, N.C.—
The religious groups who urged Forsyth County commissioners to appeal a judge's ruling on prayer have missed the point of the issue, according to an American Civil Liberties attorney who represented the plaintiffs in the case.On Monday night in front of massive crowds of church-goers, the Board of Commissioners voted 4-3 to appeal the judge's ruling, which banned deity-specific prayer before meetings.
"I think that the other side is trying to make this an issue about free speech, and I think it is important for people to understand it is different when you are talking about speech where someone is acting as a government mouthpiece," said ACLU attorney Katy Parker on Tuesday.
Parker said when a pastor or other religious leader offers a prayer before a government meeting, he or she is speaking on behalf of what's supposed to be a neutral government.
Parker said the ACLU is by no means opposed to prayer or freedom of speech.
"In fact, the ACLU and the ACLU of North Carolina have defended the rights of Christians to pray when they are praying as private citizens," she said.
But now that the commissioners have decided to appeal the judge's ruling, the county must prepare for a lengthy, costly process, according to John Korzen, a professor of appellate advocacy at Wake Forest University's School of Law. Korzen think appeal to the full circuit court or the Supreme Court is unlikely.
"Both of those steps are long shots. Usually (there is a ) direct appeal to three judges, and that's the end of the story," he said.
Korzen estimates it will take a year for the circuit judges to rule on the appeal.
Several pastors are raising money to help the county fight the ruling if the commissioners choose to appeal. The North Carolina Partnership for Religious Liberty pledged at least $300,000 from individual donors to help challenge the ruling.
If the county loses the appeal and decides to appeal again, it can go to all 12 judges in the circuit or eventually to the Supreme Court, but in both situations, the court can decline to hear the appeal and immediately side with earlier rulings.
