prayer_case_60203

Posted: 5/30/03

VMI's prayers ruled unconstitutional

RICHMOND, Va. (RNS)--An appellate court has ruled that the Virginia Military Institute's tradition of prayer before evening meals is unconstitutional.

"In establishing its supper prayer, VMI has done precisely what the First Amendment forbids," a three-judge panel of the 4th U.S. Circuit Court of Appeals ruled April 28.

The decision upheld a lower court ruling.

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Posted: 5/30/03

VMI's prayers ruled unconstitutional

RICHMOND, Va. (RNS)–An appellate court has ruled that the Virginia Military Institute's tradition of prayer before evening meals is unconstitutional.

“In establishing its supper prayer, VMI has done precisely what the First Amendment forbids,” a three-judge panel of the 4th U.S. Circuit Court of Appeals ruled April 28.

The decision upheld a lower court ruling.

The panel rejected arguments that the prayer is voluntary because the cadets are adults. It emphasized that the high level of obedience expected from VMI cadets doesn't give them the freedom to choose whether to take part in what has been called a voluntary, non-denominational dinner prayer.

“Put simply, VMI's supper prayer exacts an unconstitutional toll on the consciences of religious objectors,” wrote Judge Robert King.

Virginia Attorney General Jerry Kilgore said the prayers are “part of the fabric of our country,” and he plans to appeal the decision to the entire appeals court.

Barry Lynn, executive director of Americans United for Separation of Church and State, welcomed the ruling.

“No Americans should be forced to sing for their supper or pray to get it either,” said Lynn, whose organization filed a friend-of-the-court brief supporting the two cadets who sued.

“It's a sweeping decision that means public universities have no business promoting religion at mealtimes, bedtimes or any other times.”

In light of the ruling, the American Civil Liberties Union of Maryland suggested the U.S. Naval Academy in Annapolis, Md., review its practice of leading students in lunchtime prayer. Academy officials did not comment, but a Navy official said the service will review the decision.

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