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Court Refuses To Review Ruling Striking Down VMI Prayers
Associated Press ^ | 08-14-03

Posted on 08/14/2003 6:11:55 AM PDT by Brian S

By LARRY O'DELL Associated Press Writer RICHMOND, Va.

An evenly divided federal appeals court refused Wednesday to reconsider a ruling that group prayers said before evening meals at Virginia Military Institute are unconstitutional.

The 4th U.S. Circuit Court of Appeals' 6-6 vote leaves intact a three-judge panel's ruling that the state-supported military college's traditional prayers, although nondenominational and voluntary, violated the constitutional separation of church and state.

"Put simply, VMI's supper prayer exacts an unconstitutional toll on the consciences of religious objectors," the panel said in its unanimous ruling in April.

Tim Murtaugh, a spokesman for state Attorney General Jerry Kilgore, said it was too early to say whether the state will appeal the case to the U.S. Supreme Court. Kilgore had asked for the rehearing.

"This was a close call, but we hope it ends here," said Kent Willis, executive director of the American Civil Liberties Union of Virginia, which filed the lawsuit challenging the prayers in May 2001 on behalf of two VMI cadets who have since graduated.

U.S. District Judge Norman K. Moon and the three-judge panel "properly interpreted the principle of separation of church and state to mean that state colleges, much like secondary and primary public schools, cannot organize a religious exercise and force students to participate," Willis said.

The order denying a rehearing by the full court was accompanied by three dissenting opinions. None of the judges voting on the prevailing side explained their reasons for denying a rehearing.

"With all due respect to the panel, its ruling goes too far," Judge J. Harvie Wilkinson III wrote in one dissent. "The supper prayer at Virginia Military Institute is the most benign form of religious observance."

Wilkinson said he disagreed with the panel's finding that VMI's emphasis on conformity pressures cadets to participate in a religious exercise.

"If this same observance took place in a primary or secondary school setting, I would regard it in a much different light," Wilkinson wrote. "But I doubt that cadets who are deemed ready to vote, to fight for our country, and to die for our freedoms, are so impressionable that they will be coerced by a brief, nonsectarian supper prayer."

Judge H. Emory Widener Jr. said government has sanctioned other religious rituals and symbols, including a sculpture of Moses with the Ten Commandments _ "the most flagrantly religious document of Judeo-Christian religion" _ on a wall of the Supreme Court building.

VMI stopped the prayers after Moon ruled them unconstitutional in January 2002.

Evening prayers had been a tradition at VMI since at least the 1950s, except for about five years in the early 1990s, when cadets did not all eat dinner together.

Every night, cadets marched into the mess hall in formation in an exercise known as "supper roll call." Before they were served, a member of the corps would read a prayer.

Cadets were not required to bow their heads or stand at attention during the prayer. They were allowed to leave the mess hall or stand at ease, lawyers for the state said.

"An adult possessing the disciplined willpower demonstrated by the cadets at VMI, standing in silence while a short prayer is read, is not forced to engage in any act of worship contrary to his or her beliefs," Judge Paul V. Niemeyer wrote in a third dissent Wednesday.

Other dissenting judges were Michael J. Luttig, Karen Williams and Dennis Shedd.

Voting against rehearing the case were Chief Judge William Wilkins and Judges M. Blane Michael, Dianna Gribbon Motz, William B. Traxler, Robert King and Roger D. Gregory.

___

On the Net:

Virginia Military Institute: http://www.vmi.edu

4th U.S. Circuit Court of Appeals: http://www.ca4.uscourts.gov


TOPICS: Culture/Society; Front Page News; Government; US: Virginia
KEYWORDS: aclu; dennisshedd; jerrykilgore; michaeljluttig; michaelluttig; purge; rogergregory; vmi; voluntaryprayer; williamwilkins

1 posted on 08/14/2003 6:11:55 AM PDT by Brian S
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To: Brian S
They should ask for a rehearing and take it all the way to the SCOTUS. The last thing on Earth I want to see is to give the ACLU theophobes another trophy in their unending jihad on America's religious heritage.
2 posted on 08/14/2003 6:19:00 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
VMI's supper prayer ban exacts an unconstitutional toll on the consciences of religious cadets

Just thought I would see what the opinion looked like from the other side of the fence.

3 posted on 08/14/2003 6:33:15 AM PDT by tbpiper
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To: goldstategop
Nope - hang it up & go private, like I said they should have back when they were forced to admit women. Though they did do a better job of it than The Citadel - at VMI, a rat is a rat, whether male or female. And I did enjoy the looks on the faces of the first women to graduate - they knew they'd earned something worth having.
4 posted on 08/14/2003 6:34:25 AM PDT by nina0113
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To: goldstategop
I agree with you. This is crazy.
5 posted on 08/14/2003 7:06:45 AM PDT by Dante3
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To: nina0113
There are three articles on the topic page dealing with the ongoing erasure of God and prayer from American education.
My youngest son graduated from the Citadel. Along with his degree, he now has a simmering resentment for females who want to play with the big boys. Shannon Faulkner, test case sock puppet, opened the floodgates. From PT to academics, the female cadets are coddled and cosseted from the standard rigors of a military academy. Somehow, I don't think Dateline will be airing an expose on this one, ever. VMI is in the same boat. A respected tradition, a cornerstone of the principles of that school has now been outlawed. Against the law. With the aid of the ACLU, the Human Rights Campaign and every other "Victims R Us" faction, the majority are bullied into acceptance of something so inherently wrong, that the natural reaction can only be resentment. ACLU targets very specifically ANY from of God's Word, anywhere. From the Ten Commandments monuments to the hurt feelings of a few "weak sisters", they strive daily to stamp out any mention of God. I'm going to call Jesse Jackson and tell him that Our Lord God is being forced to the "back of the bus" I just know that the good Reverend will be happy to help...
6 posted on 08/14/2003 7:11:49 AM PDT by ishabibble
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To: Brian S
The 4th U.S. Circuit Court of Appeals' 6-6 vote leaves intact a three-judge panel's ruling that the state-supported military college's traditional prayers, although nondenominational and voluntary, violated the constitutional separation of church and state.

Reached in Hell, Karl Marx and Josef Stalin could only chuckle.

James Madison's only reply was 'My Lord, we never intended such a thing!'

7 posted on 08/14/2003 7:20:40 AM PDT by jwalsh07
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To: Brian S
They have a chaplain open congressional sessions with prayer. They have chaplains open military ceremonies with prayers.

The ceremonial aspect of the military is an important aspect of socializing cadets to the "culture" of the military.

VMI is preparing cadets for the military. The prayers are said by "acting" and "actual" chaplains.

Conclusion: This is a valid exercise preparing cadets for the culture of the military.

Signed

Xzins
Chaplain(Retired) US Army

8 posted on 08/14/2003 8:29:15 AM PDT by xzins
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