Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 7, 1993 TAG: 9305070252
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: MIKE HUDSON STAFF WRITER
DATELINE: LENGTH: Medium
Kent Willis, executive director of the ACLU in Virginia, said Bowers' official proclamation appears to violate the U.S. Constitution's requirement that government neither discourage nor encourage religion.
Bowers "seems to be on thin ice legally," Willis said. "He is putting the state stamp of approval on the practice of religious activity."
Bowers, who is a lawyer, said he sees nothing wrong with his proclamation.
Bowers noted that Roanoke's prayer day - which was held in conjunction with National Day of Prayer designated by the U.S. Congress - included different faiths. "I think we do cross over the line when we recognize one particular faith," Bowers said, but a general profession of religion is acceptable.
Willis said the U.S. Supreme Court has ruled otherwise. It doesn't matter whether one religion is emphasized over another, Willis said. What matters is the law says government "can't do anything to promote religion, period."
He said the ACLU will send a letter of complaint to Bowers. While the case is not at the top of list for the ACLU, Willis said, it might consider a lawsuit if any Roanoke resident feels strongly enough to volunteer to be a plaintiff.
Congress approved a National Day of Prayer in 1988, designating the first Thursday of May each year. It was signed into law by President Reagan.
Robert Peck, an attorney with the ACLU's Washington office, said his organization objects to the day as unconstitutional. But he said other issues are more pressing and the ACLU has no plans to challenge the act nationally.
The National Day of Prayer Task Force, a private group that publicizes the event, says that religion must not be required or enforced by government, but "government may encourage its citizens to pray without compelling them to do so."
In Roanoke, Bowers' official proclamation said in part: "In prayer, let us recall with confidence the promise of old that if we humble ourselves before God and pray and seek His face, He will surely hear and forgive and heal and bless our land."
Bowers made brief remarks and read the proclamation during a prayer service Thursday at Lee Plaza in downtown Roanoke. About 70 people attended.
After several minutes of silent prayer, the Rev. Richard Harris prayed aloud, asking God to "establish our nation in righteousness" and help its citizens fight crime and other social ills.
Harris, chaplain for the Roanoke and Roanoke County jails, also prayed for local, state and national leaders. He asked God to guide them in their use of power "and save them from any misuse of it." He said hunger, poverty and disease could be cured "if we all do just a little to fight these plagues."
After the service, Bowers noted that the Continental Congress that declared American independence also declared a National Day of Prayer in 1775. "If the founders of our country can do so, then I'm also pleased to do so," he said.
"I think it's my role as a leader of the community to encourage people to do good," Bowers said. "I've never found that prayer does anything but good in anybody's life."
The ACLU's Willis said the mayor's action is an example of how politicians chip away at the wall between church and state.
Willis said keeping government out of the practice of religion protects the rights of people whose religious beliefs represent a minority of the population. It also protects those who choose not to practice religion at all, he said.
And even for the religions in the majority, Willis said, there are dangers when government advocates prayer. When the state gets involved, "it tends to oversimplify and actually demean religion."
The further the state stays away from religion, Willis said, "the more freedom of religion we actually end up with."
by CNB