The
Chesterfield County Board of Supervisors is violating the U.S. Constitution by
refusing to allow a self-proclaimed witch to open meetings with a prayer, the
woman's lawyer told a federal magistrate Tuesday.
A lawyer for the county disagreed, arguing that a 1983 U.S. Supreme Court
ruling gives the government wide latitude in offering legislative invocations
that reflect the traditional values of a majority of its citizens.
Cynthia Simpson, 47, sued the board in December for refusing to add her name to
a list of clergy invited to give the invocation at meetings. Simpson practices
Wicca, a religion based on respect for the earth, nature and the cycle of the
seasons. Wiccans consider themselves witches, pagans or neo-pagans.
County Attorney Steven L. Micas told U.S. Magistrate Dennis W. Dohnal that the
board is within its rights in requiring invocations to reflect "a
monotheistic faith consistent with Judeo-Christian tradition." If stripped
of all control, he suggested, the board would have to allow invocations by the
white supremacist World Church of the Creator and other fringe groups.
The county is basing much of its case on a 20-year-old Supreme Court ruling
that upheld the Nebraska Legislature's session-opening invocations. Micas
described that ruling as "an island in the sea of establishment of
religion" case law.
Micas said the county's policy passes constitutional muster as long as the
government does not control the specific content of the prayers, and as long as
the person giving the invocation does not proselytize or disparage another
religion.
Simpson's attorney, Rebecca Glenberg of the American Civil Liberties Union,
argued that her client's exclusion from the list amounted to a disparagement of
her religion.
"The policy on its face demonstrates a use of the prayer program that
advances certain faiths and disparages others," she said. "... The
core fact is Ms. Simpson was denied the opportunity to participate in this
forum because of her religion."
Dohnal did not indicate when he would rule.
Simpson said after the hearing that she filed the lawsuit after county
officials refused to return her phone calls and made public comments ridiculing
Wicca.
"This is my own local government discriminating against me on the basis of
my religion. It's not a private club or neighborhood association," Simpson
said.
She said Wicca is a peaceful faith with some of the same elements as
traditional American Indian religions.
"We're strong as a nation because of our diversity," she said.
"There are pagans fighting for you at this moment in Iraq."