Alia Beard Rau

The Republic | azcentral.com

A House memo that Republican leadership says was simply intended to clarify the chamber's prayer policy has angered some secularists who say it discriminates against anyone who doesn't believe in God.

Republican House Majority Leader Steve Montenegro, a pastor, sent the memo explaining the rules for lawmakers wishing to lead the daily prayer on the House floor. Lawmakers can either offer a prayer themselves or invite "a member of the clergy" to give it on their behalf.

According to the memo, "Prayer, as commonly understood and in the long-honored tradition of the Arizona House of Representatives, is a solemn request for guidance and help from God." It goes on to state that a lawmaker's request to lead the prayer "is an avowal that the request is for the stated purpose."

Members who wish to instead offer a moment of silence, recite a poem, express personal sentiments or speak rather than pray, according to the memo, are invited to do so during another part of the daily procedures.

Rep. Juan Mendez, D-Tempe, an atheist, took the memo as a personal affront. In prior years under different Republican leadership, he has reserved a day to give the prayer and instead offered a poem or comments. Last year, under the leadership of House Speaker David Gowan and Montenegro, Mendez said he was repeatedly told the days he requested to give the prayer were already reserved by others. He said he eventually gave up and made his comments as a point of personal privilege.

Roberts: Take prayer advice from Matthew, not Montenegro

He said he's never been told directly that he can't offer comments as an atheist during the designated prayer time, but said again this year he's been told several times that a day he requested in advance is already taken.

"Do I feel like I'm disenfranchised? Yes," he said. "I wanted to partake in a positive way, but I feel like I can't partake. They know I don't have a higher power to reference."

Mendez said he's been contacted by attorneys interested in helping him challenge the rules. But he said he hasn't decided if he'll pursue it. He still needs to work with Republican leadership if he wants any of his bills to advance.

"I didn't study law in college, but it's my understanding that while they can't establish any certain religion, they also can't establish religion versus non-religion," he said.

Chandler attorney Marc Victor, who has been involved in separation-of-church-and-state issues, questioned why the Legislature was praying at all.

"To me, they're unconstitutional," he said. "But if you're going to have one, you should let everybody do it. If the guy wants to give a prayer and it doesn't mention God, who cares? Mendez, as an atheist, has every right to lead an inspirational prayer."

What if someone mentions Buddha, Victor asked. Would that not qualify?

"There isn't a monopoly on what prayer is," he said.

House Republican spokeswoman Stephanie Grisham said critics of the memo are taking it "too literally."

"Prayer, worship, is a longstanding tradition here. The memo is not dictating how a person says prayer — or what they say — just that a prayer is to be done at the beginning of session," she said in an email.

She said no one has been purposely prevented from reserving a day, but all the slots have been filled. If someone wants to recite a poem or say something that's not a prayer, she said, that person is still welcome to do that during the points of personal privilege.

"Nothing has changed," she said. "Montenegro isn't dictating anything, he simply put out a clarifying memo."

According to Senate Republican spokesman Mike Philipsen, the Senate has no such rules. All members are given the option to give a prayer, or invite a guest to do it, in alphabetical order.

Satanists scheduled to lead Scottsdale City Council prayer

My Turn: Why we don't mix church and state