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FL School Officials Face Criminal Charges Over Prayer |
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Prayer-Soldier writes "
On 15 Aug 09, Fox News reported that Florida School administrators will face criminal charges because of prayers offered prior to meals. The ACLU contends the prayers are in violation of a court order issued to prevent Santa Rosa County, Fl officials from “unconstitutionally endorsing or coercing religion.”
The charges of contempt came as the result of requests for prayers at two meals that were considered to be school sponsored events. According to a 17 Aug 09 Fox News editorial by Ken Klukowski, at the first event, the school principal, Frank Lay, asked Robert Freeman, the athletic director, to offer a prayer. The request was at an after hours lunch attended by some school employees and adult volunteers. In another event, Michelle Winkler, a clerk, asked her husband, who is not a school employee, to offer a prayer at an awards banquet. The ACLU contends this is a violation of the court order because some students were present.
In his editorial, “Never Make a Deal With the Devil About Prayer,” Klukowski indicates that the Santa Rosa County employees found themselves in this predicament because of an attempt to make a deal with the ACLU as a means to avoid mounting legal fees. Klukowski pointed out that the ACLU has deep pockets that far exceeds the resources of the school board.
The issue evolved from a suite brought by the ACLU on behalf of two students who complained that school employees violated the student's first amendment rights. The school board admitted liability as a means to quickly resolve the issue. In the admission it was stated that “in order to conserve resources in light of the dire financial circumstances affecting the Defendant School Board, so that its diminishing funds may be utilized in the classroom for the benefit of the students rather than in these proceedings and to promote the just, speedy and inexpensive disposition of the action,....Defendants, without opposition from the Plaintiffs, move for the entry of an order staying all discovery to allow the Parties the opportunity to work with the Court to effectuate relief for the claims brought in this case.”
This admission resulted in a temporary injunction issued on 19 Jan 09 by United States District Judge M. Casey Rodgers, which stated that the Santa Rosa County, FL School Board and employees were prohibited from:
1. Promoting, advancing, aiding, facilitating, endorsing, or causing religious prayers
or devotionals during school-sponsored events;
2. Planning, organizing, financing, promoting, or otherwise sponsoring religious
baccalaureate services at all schools within the Santa Rosa School District, including at
Pace High School;
3. Holding school-sponsored events at religious venues when alternative venues
are reasonably available;
4. Permitting school officials to promote their personal religious beliefs and
proselytize students in class or during school-sponsored events and activities; and
5. Otherwise unconstitutionally endorsing or coercing religion.
The court ordered prohibitions were designed to protect the first amendment rights of the students and parents. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The ACLU posted a rebuttal to Klukowski's editorial and interviews conducted on FOX News. In the rebuttal, the ACLU states that it is a myth that “three school employees face contempt-of-court hearings as punishment for praying.” The ACLU's position is that the school officials “face contempt-of-court proceedings because they purposefully defied a court order.”
According to a 14 Aug 09 Washington Times report, the persecution of the school officials have stirred protests in the local community. The report related that, students, teachers and local pastors are protesting on behalf of Lay and Freeman. The protests have included yard signs, T-shirts and a mass student protest during a graduation ceremony.
According to a 23 Aug 09 report on NorthEscambia.com, a defense fund was established for Lay and Freeman. Within twenty days of the fund's creation, it has grown to over $32,000.00. A web site, layfreemandefense.com, provides instructions as to how to donate and provides progress reports.
On 22 Aug 09, NorthEscambia.com reported that Winkler's case was heard by Judge Rodgers on 21 Aug 09. Winkler was apparently instructed in an email exchange with the district not to participate in prayer at the Employee of the Year function. Winkler apparently responded to the email by saying, “I cannot be silent as God is my very life and Christ is who I am.” She continued in another email, “I simply cannot compromise my LORD. Like Daniel, Hananiah, Mishael and Azariah, I simply won’t bow down to another god.”
Arguing on Winkler's behalf, The Liberty Council pointed out that “that the annual Employee of the Year banquet was not a school sponsored event, but rather an event sponsored by the non-profit Santa Rosa Educational Foundation.” After hearing the arguments, Judge Rodgers cleared Winkler of violation of the federal court order.
The case in relation to Lay and Freeman is likely to rest upon whether students were in the actual presence of the prayer. Still, for many, the real question is whether the founders of our Constitution truly intended or ever envisioned that school officials could face jail, fines, and the loss of their pension because of a simple prayer.
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Posted on Monday, August 24 @ 19:13:00 MDT by drbonebrake
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