- -OTHER NEWS SNIPPED - -

Town loses appeal in prayer ruling

By Nancy F. Parsons/Great Falls Editor

Great Falls Town Council is expected to meet this week to discuss their next step in appealing a U.S. District Court's decision to ban the use of the name of Jesus Christ in opening prayers.

U.S. District Judge Cameron McGowan ruled last year that council's invocation violated the first Amendment's establishment of religion clause.

Town officials sought to have the decision overturned and carried their case into the 4th Circuit U.S. Court of Appeals in Richmond, Va.

Officials were told Thursday a three-judge panel from the appeals court unanimously ruled that such prayers amount to an unconstitutional government advancement of one religion- Christianity.

"We are disappointed of the decision," Town Attorney Brian Gibbons said. "It's hard to believe you can't say Jesus Christ in prayer. I just don't understand it. Unfortunately it's the state of the law in the U.S. "

Gibbons said his office received news of the decision in a fax from the Court of Appeals last Thursday evening.

Gibbons said town officials will now consider all legal options including an appeal to the full panel of judges in the court of appeals.

"If a hearing is granted, we can go before the full court," Gibbons said. "If denied, our next recourse is to go to the U.S. Supreme Court."

After briefing from Gibbons and lead attorney Andrew Lindemann, council will have to make a decision if they plan to pursue the appeal further, Gibbons said.

"We may not like it, but we'll live with it," Gibbons said of the ruling.

Darla Wynne, the Wiccan high priestess who sued the town after council refused to open meetings only with nonsectarian prayers or to allow members of different faiths lead the prayers, claimed she was ostracized for refusing to stand and bow her head during the Christian version of prayer.

The federal appeals court ruled in Wynne's favor, only allowing generic prayers by government bodies.

Wynne said she found out about the federal court ruling around 5 p.m. last Thursday.

"I'm very, very excited about it," Wynne said. "I, along with my attorney, were confident we would win. We had compiled a lot of evidence."

Wynne said her evidence entered into court was not challenged by town attorneys.

"They never claimed faulty or mute," Wynne said. "And they didn't claim the evidence was erroneous. The three-panel of judges really knew what they were talking about and obviously had looked at the evidence."

"I'm a good documentor. I had tons of evidence."

Wynne said her attorney doesn't expect the appeals court to re-hear the case. The opinion written by Judge Diana Gribbon Motz was affirmed by two other judges, Wynne said.

"The council can take it to the Supreme Court but I don't think the Supreme Court will hear it. There's no evidence to back up their case and their case is so weak," Wynne said.

Wynne said she did not file the lawsuit for monetary purposes.

"The town wasted so much money on my request that should have been accommodated. I didn't want council or the taxpayers punished. I just wanted their bad behavior stopped," Wynne said.

Wynne claims Gibbons provided council with ill advice over the course of the litigation.

"They say you can't fight city hall," Wynne said. "But you can because we just kicked their butts, not once, but twice - once in district court and the other "