Before they vote, Virginia legislators pray and it’s sanctioned by the courts

by | May 4, 2017 | VIRGINIA POLITICS

“May your will be done, dear Lord, this day and each day by these, your servants,” said the Rev. Wallace Adams-Riley.

“I pray that at the conclusion of this gathering that all matters whether confirmed, completed or channeled will have been divinely directed while also being considered by your judgment as good and as acceptable,” said the Rev. Carlos Jordan.

“We ask you Lord this day to guide this body in respecting human life from the moment of conception until natural death,” said the Rev. Dennis Di Mauro.

You might expect to hear such religious intonations in a church setting. But Adams-Riley, Jordan and Di Mauro weren’t directing their words to congregants; they were addressing members of the Virginia General Assembly.

Each meeting of the General Assembly begins with a prayer led by a religious leader. The practice dates back to colonial Virginia, and it is common throughout the United States.

Almost all state legislatures use an opening prayer as part of their tradition and procedure, and the custom has operated on the federal level since the first Congress convened under the Constitution in 1789.

You may be thinking: Doesn’t this practice violate the separation of church and state? Some people believe it does, but the courts have ruled otherwise.

The First Amendment of the Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Those provisions, known as the Establishment Clause and the Free Exercise Clause, were written to protect the religious liberties of Americans and prohibit the state from endorsing one religion over another.

But they don’t specify what constitutes the establishment of a state religion.

“There’s a pretty robust history of government institutions in this country engaging in practices that one could very plausibly argue is suggestive of, denotes, is the equivalent of establishing a religion,” said Dr. John Aughenbaugh, professor of constitutional law at Virginia Commonwealth University.

Official symbols and rhetoric often blur the line separating religion and government.

Examples include our national currency (which reads “In God We Trust”) and the oath of office taken by elected officials (who place a hand on a Bible and end with “So help me God”).

The constitutionality of legislative prayer was upheld by the U.S. Supreme Court in its 1983 decision in Marsh, Nebraska State Treasurer v. Chambers. The high court ruled that legislative prayer did not violate the First Amendment because it “has become part of the fabric of our society.”

The issue re-emerged more recently when some residents of the town of Greece, New York, sued the town council for opening its meetings with a predominantly Christian prayer. The lawsuit said such prayers discriminated against people of minority religions and non-religious citizens.

However, in 2014, the U.S. Supreme Court disagreed, saying the town council had not violated the First Amendment.

Like the town of Greece, prayer in the Virginia General Assembly is overwhelmingly led by Christian faith leaders, who invoke Christian ideas about the will of God and the role of government in addressing legislators.

During the 2017 legislative session, Christian ministers led 95 percent of the prayers that opened the House and Senate, according to an analysis by VCU Capital News Service.

Fewer than three-fourths of adults in Virginia identify as Christian, according to the Pew Research Center. However, about 90 percent of Virginia legislators identify as Christian, and that is reflected in the religious leaders chosen to address the General Assembly.

The only other faiths invited to address the General Assembly were Judaism, Unitarian Universalism and Islam – the only other religions to which legislators belong.

The largest group excluded from leading the daily invocation at the General Assembly was non-religious people, atheists and agnostics, who make up 20 percent of adults in the state, according to the Pew study.

Over the course of the 2017 legislative session, the General Assembly spent a total of 1 hour, 53 minutes, and 43 seconds praying. Each invocation lasted an average of 1 minute, 38 seconds. To some, this is time well spent.

“I’m glad that it’s a part of our state government,” said Rabbi Dovid Asher, one of two rabbis to lead the General Assembly in prayer this session. “If I’m going to put somebody in office and vote for somebody, I want them to have a moment of reflection, of introspection during the course of the day.”

Other people, like Patrick Elliott, staff attorney for the Freedom from Religion Foundation, which advocates for the separation of church and state, view prayer in the General Assembly as an inappropriate and inefficient use of time.

“The legislators have a lot better things to put their energy and efforts into. It’s a waste of time. And if they were to want to pray or engage in religious practice, they should do so on their own time, not on taxpayers’ time,” Elliott said.

Words and photos by Megan Schiffres via Capital News Service

VCU CNS

VCU CNS

Capital News Service is a program of Virginia Commonwealth University's Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia. More information at vcucns.com




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