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Two sides of public invocation, prayer: Peoria council, school board show differences, potential pitfalls

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The invocation of prayer and Bible scripture in Peoria during public meetings is becoming more common than it has been in recent years.

Peoria City Council now starts its public meetings with a prayer, and at Peoria Unified School District governing board meetings, invocation of scripture is now a regular occurrence by some board members, as well as speakers during the public comment section.

The two approaches, however, show differences in the invocation of public prayer in the government setting, with one being a common occurrence and the other drawing a potential legal challenge.

Problems in school district

Since the PUSD governing board voted 3-2 against creating new policy regarding transgender students in bathrooms and locker rooms on April 27, scripture from board members and some speakers during public comment sections has become commonplace.

Governing board members Rebecca Hill and Heather Rooks have led the charge, invoking scripture while at the dais during meetings, often reciting heated words from the Bible.

At the May 22 board meeting, Hill recited a Bible verse Matthew 18:6 that suggesting those who lead people away from Christ should be drowned in the sea: “But whoever causes one of these little ones — who believe in me — to stumble and sin by leading him away from my teaching, it would be better for him to have a large millstone hung around his neck and to be drowned in the depths of the sea.”

Rooks immediately followed this by quoting 1 Corinthians 2:5: “That your faith might not rest in the wisdom of men but in the power of God.”

Some speakers during public comment sections also share scripture. Tiffany Benson, an employee of Phoenix-based conservative group Turning Point USA, has spoken at numerous school board meetings throughout the Valley, including PUSD, espousing right-wing beliefs. Her dispatches have involved biblical invocations and fiery language toward PUSD.

The district’s attorney has advised board members not to quote scripture during public meetings. Board members David Sandoval and Melissa Ewing also have stated concerns about it. Ewing has reminded board members about the separation of church and state, and Sandoval has reiterated publicly the district’s legal counsel has advised against it, stating, “reciting scripture at a board meeting on this side of the dais goes against the Establishment Clause.”

Running afoul

This clause from the First Amendment of the U.S. Constitution prohibits the government from making any law “respecting an establishment of religion.”

The clause forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another, as well as prohibits the government from unduly preferring religion over non-religion, or non-religion over religion, according to Cornell Law School.

Freedom From Religion Foundation is citing the Establishment Clause as the foundation for asking board members to stop reciting scripture at public meetings.

In a May 25 letter sent to the district, the foundation asked board members to stop using their government positions to promote their personal religious beliefs upon district parents and community members.

The letter cites the Establishment Clause, which they say “protects Americans’ religious freedom by ensuring the continued separation of religion and government — dictates that the government cannot in any way show favoritism toward religion.”

“While board members are free to promote their personal religious beliefs however they wish in their personal capacities outside of the school board, as government officials they cannot be allowed to commandeer the board in order to impose their personal religious beliefs on district students, parents, and employees,” the letter states.

Supporters of the separation of church and state cite the Establishment Clause for keeping prayer and scripture out of government, but it is unclear on what the Establisment Clause allows.

Arizona School Boards Association Policy Director Nick Buzan said boards are permitted to offer a prayer as long as the prayer seeks to accomplish a higher purpose consistent with their charge as a board. Also, it should not “denigrate non-believers or religious minorities, threaten damnation, or preach conversion,” according to the Supreme Court.

Buzan added case law on the subject states the U.S. Supreme Court has referred to the separation of church and state as a blurred barrier rather than a wall.

“Indeed the ‘separation’ is largely misunderstood, as religious practices and thoughts are entangled in church and state throughout the Union,” Buzan said. “In recent cases, the court has upheld practices of national culture in schools that largely reflect religious practices such as Christmas carols, holidays, and prayer.”

ASBA provides policy services to 223 districts across the state and serves as a resource to them.

Buzan said separation of church and state is an ongoing issue. School board members have asked such questions over the last year, wanting to know what the law says about their service, what is permitted and what is not permitted with regard to prayer and scripture.

The association does not represent boards or board members in an attorney-client relationship, but it does provide general information and advice on how to get along with other board members to accomplish the mission of the school district, Buzan said.

“We ultimately advise boards and board members to be respectful of each other and to focus on their statutory duties as board members while maintaining their personal dignity and faith,” he said.

Secular Coalition for Arizona Executive Director Jeanne Casteen said the rhetoric being used in the name of God is not dignified.

At the June 9 PUSD board meeting, she said when board members quote scripture they are likely traumatizing or re-truamatizing some of their own constituents, as well as violating their oath to the constitution.

“When board members cite scripture that calls for the extermination of all non Christians, you hurt everyone in the district and your community, and you show why the Establishment Clause is so important,” Casteen said.

Following the right path

For years, the Peoria City Council opened their public meetings with the Pledge of Allegiance and a “moment of quiet reflection.”

However, under Mayor Jason Beck beginning March 7, council meetings have been led with an invocation.

Lori Bango, Arizona Republican Party Legislative District 28 chair, said at the April 4 meeting that she supports the opening invocation and that prayer is needed more than ever. She also recited 1 Timothy 1-2.

“The simple purpose of an opening prayer or invocation is to acknowledge that we depend on God, and that we are seeking God’s wisdom in all decisions,” Bango said.

Goodyear and Gilbert council meetings also have an opening invocation. On a state and national level, the U.S. and Arizona House of Representatives has an invocation open every meeting.

Gregg Leslie, executive director of ASU’s First Amendment Clinic, said often this opening invocation is led by a variety of different religious figureheads including rabbis, ministers, and even atheists.

Leslie cited the Supreme Court decision March v. Chambers, which found the longstanding practice by which Nebraska hired a chaplain to open each legislative day with prayer did not violate the Establishment Clause.

The ruling from 1983 said prayer is not an establishment of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country, Leslie said.

“So you can’t do things like say negative things about a particular religion or promote one religion and connect it to the government. With this you are more likely to cross line,” he said.

Philip Haldiman can be reached at phaldiman@iniusa.org, or on Twitter @philiphaldiman. We’d like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@iniusa.org.

invocation, prayer, bible scripture, Peoria, Arizona, public meetings, public meetings, city council, school board, god

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