[IP] Ain't This America. . . VMI dinner prayers ruled unconstitutional

[Dave Farber <dave@farber.net>]

From Capitol Hill Blue

Ain't This America. . .
VMI dinner prayers ruled unconstitutional
By 
Apr 29, 2003, 04:51

RICHMOND, Va. - A federal appeals court panel has ruled that prayers said
before evening meals at the Virginia Military Institute are
unconstitutional, rejecting arguments that the prayer is voluntary because
the cadets are adults.

The ruling emphasizes that the extraordinary obedience demanded of VMI
cadets doesn't give them the freedom to choose not to participate in what's
been called a non-denominational, voluntary dinner prayer.

"In establishing its supper prayer, VMI has done precisely what the First
Amendment forbids," a three-judge panel on the 4th U.S. Circuit Court of
Appeals ruled Monday, unanimously upholding a lower court decision.

"Put simply, VMI's supper prayer exacts an unconstitutional toll on the
consciences of religious objectors," Judge Robert B. King wrote in the
opinion.

First Amendment groups hailed the ruling as an important victory.

"This is extraordinarily important," said Barry Lynn, a lawyer with
Americans United for the Separation of Church and State, which filed a brief
in support of the two cadets who brought the case. "It essentially says that
public universities have no business promoting religion at mealtime or
bedtime or any other time."

Attorney General Jerry W. Kilgore said Monday he will appeal the ruling to
the entire appeals court, calling the prayers "part of the fabric of our
country."

His office also contended that the prayer tradition was historically unique,
and was intended to forge a bond among members of the VMI community and
encourage cadets to think about spirituality.

Depending on the day, the prayers began with "Almighty God," "O God,"
"Father God," "Heavenly Father," or "Sovereign God," and included requests
for blessings on the institute and prayers of thanks for the meal and the
support of friends and family, according to the appeals court.

A spokesman for VMI said the school was not leading mealtime prayers while
the case was pending in court.

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