South Carolina is making the news for a bill focusing on public prayer that has been advanced in its Senate. The South Carolina Public Invocation Act, originally introduced by Republican Senator Chip Campsen (with guidance by the ultra-conservative Alliance Defense Fund*), would give state-wide “guidelines” for allowable forms of public prayer.

“The legislation now headed to the Senate Judiciary Committee gives local governments three possibilities for legal prayer: Elect a chaplain, let each member of the board pray on a rotating basis, or invite local religious leaders to put their name on a list to pray and schedule them on a first-come, first-serve basis.”

It becomes clear from reading the bill that its authors are trying to navigate the legal waters created by two cases involving Wiccans and public prayers: Darla Wynne (a resident of South Carolina who won her case against Great Falls) and Cynthia Simpson (a Virginia resident who ultimately lost hers). In other words, they are trying to bring back prayers to Jesus at government meetings without the lawsuits.

“‘The content of the prayer is not important as long as it’s not used to proselytize,’ said Mike Johnson, an attorney for the Alliance Defense Fund, a national group that aims to defend the First Amendment. ‘Don’t come to the podium and make an altar call.’ … Sen. Larry Martin, a co-sponsor of the South Carolina Public Invocation Act, said he hopes the measure prevents school boards and city and county councils from receiving “blanket demands of, ‘If you pray, I’ll sue you.’” … “Too often they’re browbeaten and intimidated, and they throw their hands in the air,” [Chip] Campsen said. ‘Little towns don’t have the legal staff we have.’”

In short, if this bill becomes law, the Darla Wynnes of this world can’t sue the local city council for exclusively praying to Jesus without bringing litigation against the entire state. Its clear that the authors are hoping that their emphasis on context will win over content (ie Jesus), and in turn create a legal fog of what can or can’t be allowed.

“Joyce Cheeks, interim director of the American Civil Liberties Union of South Carolina, opposed the measure as the state government sanctioning and supporting prayers before public meetings. The bill also directs the attorney general’s office to keep up with court cases that could add to or change the possibilities. It intentionally gives no direction on whether a prayer can mention a deity, instead suggesting boards seek local legal advice on that. “I think this might actually add to the constitutional confusion,” said professor Josie Brown of the University of South Carolina Law School.”

It seems pretty obvious that this move isn’t to secure religious “rights” for all citizens, but to allow a predominately conservative Christian state to keep invoking Jesus before meetings. The press in this case seem to be uncritical about assertions that the ACLU wants to eliminate public prayer, when instead its been well-established that they are asking for non-sectarian prayers (or no prayers at all if such a compromise can’t be reached). One wonders, if this bill becomes law, how long before Great Falls uses the new blanket protection to destroy everything Darla Wynne endured and worked for.

If you live in a town where the vast majority are Christians, public invocations of Jesus before any public event don’t have to be “altar calls” to establish a quasi-official hierarchy of belief. How seriously do you think a Buddhist, Wiccan, Hindu, or Muslim will be taken at a government meeting that asks for the guidance and blessing of Jesus?

* You may remember the Alliance Defense Fund as the group who is representing The Street Preachers’ Fellowship in a suit against Grand Rapids Michigan after they were ordered to stop harassing a local Pagan gathering.

Tags: Alliance Defense Fund, Chip Campsen, Cynthia Simpson, Darla Wynne, law, Paganism, prayer, South Carolina, Wicca