Town to fight prayer ruling

Great Falls to appeal case involving Wiccan before U.S. Supreme Court

By Denyse Clark The Herald

GREAT FALLS -- Great Falls will appeal to the U.S. Supreme Court in its fight against a woman who opposes official prayers to Jesus Christ at Town Council meetings. Town Attorney Brian Gibbons received the council's permission in a 6-1 vote Monday to appeal its case against Darla Wynne to the highest court in the land.

Councilman Earl Taylor cast the dissenting vote.

Wynne, a Great Falls resident and Wiccan high priestess, sued the town of about 2,200 residents in 2001 for using the name of Jesus Christ in prayers said before council meetings.

A federal court ruling in August 2003 banned reference to a specific deity in prayers at the town's meetings, prompting Great Falls to fight back. But a three-judge appellate panel ruled against the town in July.

Another panel of the 4th Circuit Court of Appeals handed down a unanimous decision earlier this month, ruling that the full court will not hear the town's appeal.

'I hope they feel it's worth it'

When the council announced its decision Monday, Wynne let out a sigh and expressed her disappointment.

"I hope they feel it's worth it," Wynne said.

Wynne's attorney Herbert Buhl III of Columbia has filed a request for about $38,000 to repay Wynne's legal fees, she said. The Supreme Court costs will add an additional $25,000, Wynne said.

"I'm a taxpayer, too," Wynne said. "When it's all over, this is going to cost the town about $65,000."

Gibbons, appointed as the council's official spokesperson by Mayor H.C. "Speedy" Starnes, said the case so far has not cost the town anything and he doesn't anticipate any cost to the town. The town's insurance reimburses the town up to $15,000 per year for legal costs, Gibbons said. The cost has not exceeded that amount in a single year, he said.

"She (Wynne) said she didn't do this for money, didn't she?" Gibbons said. "We're responding to their request for legal fees, but we're asking the court for relief."

The town will file its case with the Supreme Court before its 90-day deadline expires Jan. 29, Gibbons said. Lawyer Andrew Lindemann of Columbia will represent the Town of Great Falls for free.

In the three years since the lawsuit was filed, it has caused a major rift between Wynne and area residents. It also has led to several incidents of physical violence directed at her, her animals and her property.

Great Falls police responded to at least 10 calls of reported vandalism at Wynne's residence in the past year, Great Falls Police Chief Mike Revels said.

Wicca is an Earth-based religion based upon the reconstruction of pre-Christian traditions originating in Ireland, Scotland and Wales. Wynne is high priestess of about 35 practicing Wiccas in Great Falls, Chester and Lancaster, she said.

Wynne spoke to the council briefly at the start of Monday's meeting and asked it to create a diversity committee to address racial, gender and religious issues facing the town.

"We have a community of Hindus, Greeks and lesbians in Great Falls, and we need to start dealing with the issues and prejudices and healing it," Wynne said. "If we continue to pretend these issues don't exist, they continue to grow, fester and feed our underground."

"It's time to get educated about our community and make it a better place to live," Wynne said.

Denyse Clark • 329-4069

dclark@heraldonline.com