11th Circuit Appeals Court Rules County Commissioners Prayer Tradition Unconstitutional - Williamson v. Brevard County

The U.S. Court of Appeals for the Eleventh Circuit determined that the tradition of practicing prayer before the Brevard County (Florida) Board of County Commissioners meetings. The court deemed that the practice of the prayer, as implemented in this particular court, “had run afoul of the Establishment Clause.” In Brevard County Florida, the county is governed by a commissioner board comprised of five members. The board seldom deals with large issues, and the majority of discussions are mainly secular, but all meetings are open to the public, televised, and streamed online (Freedom Forum Institute). 

A case was brought against the board due to a period of time between January 2010 and March 2016, when the session openings were brought into question. During this span of about six years, the Brevard County Board of County Commissioners held a religious invocation before each meeting. During this time span there were one hundred and ninety five meetings that the board held, all of which opened with a guest speaker “falling under the greater Christian umbrella (and one Mormon ‘lay leader’)” (Freedom Forum Institute). Issues arose because of the monotheistic content in which the speakers provided for board meetings. 

The plaintiff, David Williamson, wrote to the board twice in 2014 on behalf of the Central Florida Freethought. He requested that the group of secular humanists be invited to speak prior to the board’s meeting. The board denied them, stating that, “their proposal would not fit county commission’s traditions.” The letter went on to say that the invocation and tradition “evokes guidance from a higher authority which a substantial body of Brevard constitutes believe to exist” (Freedom Forum Institute). 

This case is a large marker for the state of religion involved with government. The appellate court ruled correctly here in my opinion. The practice of a prayer or silent time before meetings and school is something that has been hotly contested in the first amendment debate. The practice has not been deemed wrong because it does not restrict Constitutional rights, however this case is unique. They have consistently favored christian speakers and rejected a non-christian speaker on the basis that it goes against county traditions and beliefs. 

Freedom Forum Institute - September 18th, 2019

https://www.freedomforuminstitute.org/2019/09/18/federal-appeals-court-rules-county-commissioners-prayer-practice-unconstitutional/