ACLJ Asks California Appellate Court to Overturn Ruling That Censors Prayers At Burbank City Council Meetings.

Business Editors & Legal Writers

LOS ANGELES--(BUSINESS WIRE)--Sept. 5, 2001

The American Center for Law and Justice, an international public interest law firm, has filed a friend-of-the-court brief representing politicians and religious leaders in support of the City of Burbank which has asked a California appeals court to overturn a lower court ruling that prohibits the use of the name of "Jesus Christ" in prayers offered by clergy members before city council meetings.

"This is clearly a case where the lower court got it wrong," said Jay Sekulow, Chief Counsel of the ACLJ. "There should be no constitutional crisis when a member of the clergy offers a prayer containing the name of `Jesus.' The state judge was wrong when he determined the prayer is a violation of the First Amendment. Actually, it is the decision of the judge to prohibit the prayer that violates the constitutional rights of the religious leaders who are invited to deliver invocations at the meetings. The prayer in question does not violate the constitution and is perfectly permissible and legal under both state and federal law. We urge the appellate court to overturn this decision and correct this flagrant injustice."

The case involves a November 2000 decision by Los Angeles Superior Court Judge Alexander Williams III who ruled that prayers referencing specific religions violate the separation of church and state and that government officials must provide guidance to members of the clergy concerning the content of the prayer.

The decision was the result of a lawsuit filed in state court in November 2000 by two residents who say they were offended when they heard an invocation at the Burbank City Council meeting in November 1999 that contained the words "and we express our gratitude and our love in the name of Jesus Christ. Amen."

Sekulow said the decision of the lower court, in effect, censors religious speech and puts the government in an awkward and unconstitutional position of formulating and monitoring prayers crafted by the clergy. Further, Sekulow said there is both California law and recent rulings of the U.S. Supreme Court that uphold the constitutionality of using the name of "Jesus Christ" in prayer at such gatherings. Sekulow said the prayer is constitutional - and the lower court is wrong - because the prayer was not used to evangelize - but to solemnize - the occasion.

The ACLJ filed a friend-of-the-court brief representing the Mayor of the City of Rosemead, California, which has a practice of solemnizing its sessions with prayers offered by local pastors and clergy. Further, the ACLJ represents members of the clergy who offer prayers before meetings of Burbank City Council and other localities in southern California. The 22-page brief was filed with the California Court of Appeal, Second Appellate District in Los Angeles.

The American Center for Law and Justice is an international public interest law firm that focuses on constitutional issues and works to defend religious freedom. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org.