Prayer in public meetings a thorny issue for towns

Published: Tuesday, April 6 2004 12:00 a.m. MDT

Alpine Councilman Hunt Willoughby, standing, says a prayer at start of a council meeting. Utah Atheists wants councils to eliminate prayers.

Fred Hayes, Associated Press

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ALPINE — Visitors to this small Utah County town often mistake city hall for a church. The colonial revival building, topped with a bell tower, projects the solemn feel of a house of worship instead of a government building.

Twice a month, some say, perception meets reality when City Council members open their meetings with prayer — a tradition that has propelled this picturesque rural town, and others like it across Utah, into a debate over the role of religion in government.

"We ask you, Father, to bless us so we can make wise decisions during this time," prayed council member Hunt Willoughby one recent evening, as all heads bowed.

The prayer was short and simple. And possibly illegal, some say.

Prayer in city council meetings has recently come under fire due to an emerging effort among the nonreligious to make themselves heard. Citing fears of expensive litigation, many cities have abandoned the long-held tradition.

Others have defiantly fought back, claiming they're being unfairly harassed by a vocal minority.

But the issue has raised questions over how to retain prayer in public meetings without violating state law.

"When small-town Utah says, 'We've always had prayer, we're going to continue to have prayer,' . . . it sounds like another lawsuit," said Brian Barnard, a civil rights attorney who has argued two lawsuits over prayer in city council meetings before the Utah Supreme Court.

Utah's dilemma is part of a broader national debate over the separation of church and state, coming as the U.S. Supreme Court considers whether the words "under God" in the Pledge of Allegiance violate the Constitution.

Since December, a group called Utah Atheists has sent letters to more than 150 towns across the state reminding them to comply with two state Supreme Court decisions and asking for the opportunity to present opening remarks.

God and government routinely mix in Utah, a state whose population and Legislature are dominated by followers of The Church of Jesus Christ of Latter-day Saints.

Prayer during opening ceremonies is legal, the high court ruled in 1993, provided the opportunity to deliver the prayer is nondiscriminatory and available to all. All religions or philosophies, no matter how repugnant to the mainstream, must be welcomed.

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