Supreme Court prayer ruling could impact NK commission

In the wake of last week’s U.S. Supreme Court decision, the door could be open for New Kent County’s Planning Commission to return to its practice of opening the group’s public meetings with a prayer.

In a 5-4 decision on May 5, the majority of justices sided with the town council of Greece, N.Y., ruling that the body can open public meetings with a Christian prayer as long as that prayer does not cast aspersions on non-Christians or attempt religious conversion. Back in 2008, a pair of town residents had objected to the council’s prayer policy and filed a lawsuit.

The decision could impact New Kent’s Planning Commission, which traditionally opened its meetings with prayer but abandoned the practice in 2012 in favor of a moment of silence.

Reached last week, New Kent county attorney Michele Gowdy labeled the court’s decision as “a narrowly tailored opinion,” but said she is studying the ruling.

“Once we look through the decision, we’ll take time to process it and then provide [the Planning Commission] with some guidance on it,” she said.

She added that she could have advice ready for commissioners in time for the group’s next meeting on May 19.

New Kent’s prayer/moment of silence controversy arose in November 2011. The commission’s reaction came in response to a decision by the 4th Circuit Court in Richmond. The court ruled as unconstitutional the policy of a North Carolina county’s governing body to open public meetings with prayer favoring one religion.

Commission members then took the first step toward replacing opening prayer with a moment of silence. That move unleashed a firestorm of protest from county residents as well as some members on the commission. Opponents of the move argued that no complaints from the public or any outside group concerning prayer had been received by county officials. They also pointed to tradition established by the nation’s founders of reciting prayer for guidance before meetings.

But in January 2012, the commission voted 5-4 to defeat a motion that would retain opening prayer in the group’s by-laws. Subsequently, members voted 6-3 to adopt by-laws that replaced prayer with a moment of silence, and the policy has been in effect ever since.

Although county Board of Supervisors members were aware of potential implications from the 4th Circuit Court case, the board stuck to its practice of opening its public meetings with prayer. Ironically, the U.S. Supreme Court declined to hear the North Carolina case.