From Deseret News archives:

Meeting prayers mulled

Some councils observe a moment of silence

Published: Monday, Jan. 10, 2005 12:00 a.m. MST
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SARATOGA SPRINGS — It's a question of divine guidance: When asked to bow heads in prayer at a public meeting, is it better to say something or nothing at all?

Saratoga Springs' City Council recently did the latter — but it was intended to be a one-time event. One member of the panel, however, thinks it may be a good idea to adopt it as a practice.

"We observed a moment of silence in one meeting out of respect for (former Councilman) John Kimball because he was leaving us," said Scott Kahn, a city councilman. "I don't think the city has taken an official position, but after we did that, I felt it was effective."

Across the country — and in Utah County — government officials at local levels are weighing the potential legal consequences of starting public meetings with a prayer.

Leaders of Utah government groups have been considering their options since Utah Atheists in 2003 started sending notices to cities asking them to comply with two state Supreme Court decisions regarding the issue.

So what constitutes compliance? Answers vary, depending on who is asked.

"My interpretation of the law, based upon two cases that have come before the Utah Supreme Court, is that if time is set aside (for prayer) and everyone is invited to participate, that satisfies the law as spelled out in the Utah Constitution," said Brian Barnard, a lawyer who has argued two lawsuits over prayer in city meetings before the Utah Supreme Court.

"City Councils can have prayers but they can't dictate content."

Still, more than a few Utah Valley officials maintain the tradition of having a Christian prayer before deciding tax-increase proposals, zoning-ordinance changes or animal-control laws.

And others sidestep legal issues with creative scheduling and wording on agendas.

Take these cities, for example.

In the north end of Utah Valley, Eagle Mountain chiefs have a prayer before city meetings actually begin, said city administrator Chris Hillman. "So, technically and officially," he said, "we do not have prayer in our council meetings."

To the south, Elk Ridge's City Council changed the agenda to say "opening remarks" after "the atheists raised a stink" about an opening prayer, said Jan Davis, city recorder.

There's a sign-up sheet for volunteers who want to make opening remarks — but no one has volunteered.

That defaults to the mayor to call on a council member to make the opening remarks, which is usually a prayer.

Genola, on the other hand, has a policy that allows prayers — just as long as they aren't longer than three minutes.

At Genola's meetings, those who want to pray may ask to do so. Otherwise, whoever is in charge of the meeting may ask someone at the meeting to offer the prayer.

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