A federal judge has ruled against Brevard County, clearing the way for non-religious groups to give invocations at County Commission meetings.

In his 69-page order, U.S. District Judge John Antoon II concluded that Brevard County's actions violate both the U.S. Constitution and the Florida Constitution.

Brevard County Attorney Scott Knox said he will recommend to the County Commission that the county appeal the judge's ruling.

"We don't agree with the judge. We don't agree with the reasoning at all," Knox said. "I'm highly recommending that they appeal it, because I think the judge was dead wrong."

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Antoon's ruling is a victory for the plaintiffs in the case, including the Central Florida Freethought Community, whose members were denied the opportunity by commissioners to give opening invocations at commission meetings.

The court said local governing bodies cannot limit their invocation speakers to members of theistic, or religious, communities.

"I'm very pleased with what I read in the decision," said David Williamson, founder and director of the Central Florida Freethought Community. "This was straight-up discrimination, in relegating us to second-class citizenship in denying us our participating in the invocations. We weren't going to stand for it, and the judge agreed."

The 2015 lawsuit was filed in Orlando Division of U.S. District Court for the Middle District of Florida. Plaintiffs included the Central Florida Freethought Community, the Humanist Community of the Space Coast, the Space Coast Freethought Association, and five members of one or more of those organizations. Four of the individual plaintiffs live in Brevard County.

The plaintiffs asserted in the case that the County Commission's rejection of atheists, humanists and other non-theists who sought to deliver solemnizing messages at the beginning of commission meetings violated the U.S. and Florida Constitutions.

Antoon wrote that Brevard County "defines rights and opportunities of its citizens to participate in the ceremonial pre-meeting invocation during the county board’s regular meetings based on the citizens’ religious beliefs. The county’s policy and practice violate the First and 14th Amendments to the United States Constitution and Article I, Sections 2 and 3, of the Florida Constitution.”

The two sides did not disagree on the facts of the case — only on whether the county's action was legal or not — so there was no trial. Rather, there were oral arguments held in October 2016 on the parties' requests for what's known as a "summary judgment."

At earlier mediation, the parties had reached a settlement agreement as to the amount of damages, if the atheist groups won the case.

Therefore, Antoon wrote that he would not immediately enter a judgment in the case.

Instead, the parties to the case have until Oct. 13 to "file their settlement agreement as to damages, along with the proposed language for the final judgment, including but not limited to language regarding injunctive relief and incorporation of the parties' settlement agreement into the final judgment."

Terms of that potential settlement agreement have not been publicly disclosed.

Williamson said that while he would prefer that there be "no prayer" to begin government meetings, "we will settle for equal access."

Knox said any appeal by the county would be filed after the judge releases his judgment.

Knox said the County Commission had offered members of the groups that sued the county an opportunity to address the board for three minutes during the public comment period of commission meetings.

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Knox contends that makes it "explicitly clear" that the county does not exclude members of the groups from expressing their views to the County Commission.

Antoon sided with Brevard County on two claims the plaintiffs raised:

• He found that the county did not violate Florida's "no-aid" clause that bans government entities from using tax money to directly or indirectly aid churches, sects or religious denominations.

• He also turned down the plaintiffs' arguments that Brevard County commissioners' practice of asking people at County Commission meetings to stand for the invocation was "coercing participation in religious exercises."

The judge's order indicated that, of the 195 invocations given at County Commission meetings from Jan. 1, 2010, through March 15, 2016, "all but seven of those were given by Christians or contained Christian content. Six of the seven 'non-Christian' invocations were given by Jews, and the other was 'generally monotheistic.' "

County commissioners take turns selecting the person to give the invocation at commission meetings.

Williamson said he is "hopeful that the county is smart about how it spends its money," and decides against appealing Antoon's ruling.

Knox said Brevard County used in-house, salaried attorneys for the legal work on this case.

Williamson said Brevard County is the only Central Florida government body to not give his organization an opportunity to present an invocation, after it was requested. He said more than 20 counties, cities and towns in the region have agreed to do so.

"Nobody has given us the grief or the pushback that Brevard County has given us," Williamson said. "It's been unsettling and disappointing to be treated like second-class citizens."

Becher, who is president of the Humanist Community of the Space Coast, said: "I am delighted the ruling favors equality. Atheists, non-believers, secular humanists and those from minority religions are an integral part of this community. We strive to be active participants and relish the opportunity to invoke the higher ideals that everyone in our community shares."

In a statement released Monday, Daniel Mach, director of the American Civil Liberties Union's Program on Freedom of Religion and Belief, said Brevard County’s "outright exclusion of nonreligious speakers was unfair and unconstitutional. This decision sends a powerful reminder that no one should be treated as a second-class citizen by their local government.”

Berman is government editor at FLORIDA TODAY.

Contact Berman at 321-242-3649 or dberman@floridatoday.com.

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Contact Price at 321-242-3658 or wprice@floridatoday.com.

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