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Town files appeal to highest court

By Nancy F. Parsons / Great Falls Editor

The Town of Great Falls is making its final attempt to have a district judge's ruling overturned.

Town officials are hoping the U.S. Supreme Court in Washington, D.C., will rule in town council's favor and allow it to again use the name of Jesus Christ in its opening prayers.

The prayer litigation began nearly four years ago when Darla Wynne sued to have council cease using a specific deity's name. Wynne wants council to use a generic prayer.

Although council continues to open its meetings with prayer, they do not mention the name of Jesus Christ.

In November 2004, council voted 6-to-1 to seek the favor of the U.S. Supreme Court in hopes of having the appeal overturned. Councilman Earl Taylor cast the only dissenting vote.

The full Fourth Circuit U.S. Court of Appeals in Richmond, Va., denied the town's request to rehear the prayer litigation appeal after a three-judge panel unanimously ruled in Wynne's favor. The court ordered council to use a generic prayer only.

Town Attorney Brian Gibbons and Attorney William Hurd of Virginia are working on the case free of charge. Lead Attorney Andrew Lindemann is being paid for his services.

The town initially pays costs associated with the litigation and the State Insurance Reserve Fund will reimburse the town up to $15,000 annually.

The December 2004 budget report reflected a disbursement of $5,789 from the administrative budget for legal fees associated with the lawsuit.

Mayor H.C. Starnes Jr. said he is happy town officials chose to continue the appeal process.

"We're looking forward to expectations of the Supreme Court willing to hear our appeal," Starnes said, "and we're hoping we'll get a favorable reply."

The town was required to file its appeal petition with the Supreme Court by Jan. 29. Gibbons said the appeal was filed last week.

"We're waiting on a decision from the Supreme Court," Gibbons said. "It can be 30 days or it can be up to six months."

"I feel fantastic about it since the president invoked Jesus' name in the inaugural ceremony. I'm optimistic and feel hopeful towards the case."

Gibbons said he would like to see the Supreme Court define the prayer issue. "Different courts have said different things," Gibbons said.

"If offends me that you can't invoke the name of your Savior in prayer - government or not. It's a prayer," Gibbons said.

Wynne said she does not think the Supreme Court will hear the case.

"If they do hear it, I am pretty comfortable in the fact and I'm confident we'll win," she said. "I'm very satisfied as far as the case goes."

Wynne said she felt town attorneys would use the president's inauguration as part of their argument after President George H. Bush allowed the name of Jesus to be used in the prayer service.

"Now I know what 'scooped' means," Wynne said. "That kind of pits me against the president. I think that's just kind of far-fetched and they're out of line. That's typical and I'm ready."

"I just hate they want to go this far. Hopefully this time, they're not going to keep on and hopefully they will learn a lesson and life will go back to normal. I'm looking forward to the day."