McDonnell rescinds state police prayer policy

RICHMOND

To the delight of some faith groups and the dismay of other activists, a Virginia State Police directive that instructed chaplains to deliver nonsectarian public prayers when representing the law enforcement agency was rescinded Wednesday at the behest of Gov. Bob McDonnell.

That reversal enables troopers who serve as chaplains - a volunteer aspect of their job - to deliver faith-specific prayers at government-sanctioned public events.

Under the old policy, chaplains were instructed to offer nonsectarian blessings when representing the state at public functions. Some said the policy prevented them from offering prayers that mentioned Jesus Christ. Those restrictions did not apply to private affairs.

The change frees them to "pray according to the dictates of their own conscience, and in accordance with their faith traditions," McDonnell spokesman Tucker Martin wrote in an e-mail.

McDonnell, a Roman Catholic, "does not believe the state should tell chaplains of any faith how to pray," added Martin, who characterized the shift as something that promotes religious freedom.

Social conservatives hailed the directive as a blow for the "religious liberty rights of state police chaplains" which ensures they "can remain true to their faith" in public forums.

The old way represented "an act of discrimination" by former Gov. Timothy M. Kaine's administration, added Victoria Cobb, president of T he Family Foundation of Virginia. Others deemed it an attack on Christianity.

When the previous policy took effect in 2008, state police Superintendent Col. W. Steven Flaherty cited a federal court decision upholding the constitutionality of a government body requiring nonsectarian prayers at official forums. In protest, six of the 17 state police chaplains resigned the religious portion of their duties.

The federal court decision came in a lawsuit brought by Fredericksburg City Councilman Hashmel C. Turner Jr., an ordained minister who objected to a council rule that prayers opening council meetings be free of specific faith references. Turner has said that his legal battle was about preserving his ability to pray "in the name of Jesus."

Kaine supported the position taken by Flaherty, who has been reappointed to his post, the McDonnell administration announced Wednesday. Like McDonnell, Kaine is Roman Catholic.

While some took offense when it was adopted, several legal scholars, including McDonnell, agreed that it was legal.

And though administration officials insist the same is true of this change, at least one legal mind has doubts.

Federal courts have "already ruled basically that what the governor is authorizing is unconstitutional," University of Richmond law professor Carl Tobias said. "What we're going to have is a piece of the litigation and the plaintiffs will win and they'll get attorneys fees as well. I just don't understand why the governor is going to invite this type of litigation, which is going to be very divisive and expensive."

And at least two groups believe that may happen soon.

"The next time a Virginia police officer opens a police-sponsored educational or community event with a sectarian prayer, he or she will be directly violating clearly established law," said Kent Willis, executive director of the American Civil Liberties Union of Virginia. "Unless police officers understand that, they will almost certainly be inviting a lawsuit in the near future."

Likewise, the Rev. Barry W. Lynn of Americans United for Separation of Church and State predicts the change "may very likely spark lawsuits that could cost the taxpayers lots of money. If that happens, McDonnell will be the man to blame."

McDonnell officials insist that the current decision simply restores the rules state police chaplains operated under since the program was established in 1979.

And Martin said Virginia's new rule "puts state police chaplains in the same position as those in the United States military."

However, a Defense Department spokeswoman said that when military chaplains participate in command-sponsored events they are expected to balance their faith with the beliefs of those in attendance, "such that the event is as inclusive as possible."

Alexandria Democratic Del. David Englin, an Air Force veteran, worries that won't happen under McDonnell's rule.

The governor "has chosen a policy that allows agents of the government to foist their religious beliefs on others, satisfying the religious right while turning his back on the diversity and pluralism that has made our country great," said Englin, who is Jewish.

Wednesday's decision was welcomed by Del. Bill Carrico, who in the past tried unsuccessfully to pass legislation to allow chaplains to pray as they see fit.

The move protects "the rights of all to freely worship and express their faith openly," said Carrico, a Grayson County Republican and retired state trooper.

Also elated was trooper Rex Carter of southwest Virginia, one of the chaplains who resigned his religious role after the old policy was implemented.

"I'm very, very excited... we can put everything behind us and move forward," said Carter, who is exploring his options about resuming his chaplain duties.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com