Hays County commissioners called out for prayers in meetings

AUSTIN - Hays County Commissioner's Court is under fire from an organization advocating for church-state separation alleging it is unconstitutionally including religion in meetings.

Americans United for Separation of Church and State warned the court in an April letter that its invocation procedure violated the First Amendment because it includes language specific to a religion. The Washington D.C. group reviewed 13 prayers via video recording from meetings and found more than 75 percent "were Sectarian Christian prayers that invoked the name of Jesus Christ," according to the letter.

The court responded Tuesday by voting unanimously to change its policy to invite religious leaders from the community to pray at the beginning of meetings, rather than commissioners. However, the court will allow each leader to say the prayer as they see fit, including mentions of a particular religion's deity, according to court records.

The policy was drafted by County Attorney Mark Kennedy who consulted with the Liberty Institute, a Christian advocacy and legal defense organization, for guidance.

Commissioner Mark Jones, Precinct 2, said the court did not want to end the practice and that "an overwhelming number of constituents" also wanted the court to continue the practice.

"(Prayer) helps us in our deliberations," Jones said. "We need all the help we can get from a divine intervention."

County Judge Bert Cobb will appoint a volunteer chaplain to randomly schedule leaders from different religions in the community, according to court records. Cobb declined to comment.

Jones said members of the clergy chosen to open the meetings with an invocation can "say the prayer anyway they feel led."

"It's their prerogative and freedom of speech (to mention a particular deity)," Jones said. "We are trying to get a wide range and make sure all religions in Hays County are represented."

The 1983 Supreme Court case Marsh vs. Chambers ruled legislative bodies can constitutionally include prayer in its meetings provided they do not use language specific to one religion. Texas lawmakers open each legislative session with a prayer, usually from a religious leader.

Americans United for Separation of Church and State reached a settlement with Medina Valley ISD in February after filing a lawsuit claiming a school-sponsored, student-led prayer at graduation was unconstitutional.

Alex Luchenitser, associate legal attorney for the group, said they are disappointed by the court's decision on its prayer practice and are weighing their options on further legal action and will monitor the court's new invocation policy.

"The more sectarian the prayers are, the more vulnerable the commission's practice will be to legal challenge," Luchenitser said.

Hays County joins a list of other Texas entities to come under fire for its use of religion from national organizations. Kountze ISD is fighting a legal battle against a similar group - with the help of Attorney General Greg Abbott - to allow Bible verses to be displayed on its banners at football games.