April 14, 2006

By LEILA KHEIRY

Frontiersman The Wasilla Planning Commission prays before every meeting for guidance and wisdom, often ending that prayer with “In Jesus' name we pray.”

The prayer is fine, but Jesus could pose a problem.

Not the man, not the deity, just the word. According to the American Civil Liberties Union, the planning commission can't use the word Jesus when it prays before meetings - or, for that matter, Mohammed or Buddha, or any other word that identifies with a specific religion.

Otherwise, the ACLU and the city's attorney say, the commission can continue its tradition of public prayer.

Commission Chairman Stan Tucker, who also is minister of Pilgrims Baptist Church in Wasilla, said the tradition began when he became chairman a number of years ago - it's been so long that he can't remember exactly when it started.

“I'm used to starting things with prayer,” he explained. “Normally, whenever I conduct a meeting, I try to start it with prayer.”

Until November, that practice continued unchallenged, and was led by a member of the commission, said Tucker. In November, a Frontiersman reporter who attended a planning commission meeting contacted the ACLU in Anchorage to ask about the legality of prayer at government meetings.

According to a Nov. 2 letter ACLU attorney Jason Brandeis sent to the commission, opening meetings with prayer “that invokes Jesus Christ” is unconstitutional.

“Both the United States Constitution and the Constitution of the State of Alaska prohibit government endorsement of religion,” Brandeis wrote. “As such, a government body cannot use prayer affiliated with one specific faith or belief at its public meetings.”

Wasilla Mayor Dianne M. Keller wanted the commission to be able to continue praying, and had the city's attorney look into the issue.

“It was something that the planning commissioners wanted,” she said recently. “I wanted to support that within legal bounds. I see nothing wrong with it, personally. Maybe America would be a better place if more people took the time to do that.”

According to a Nov. 11 opinion drafted by the city's attorney - Thomas Klinkner of Anchorage firm Birch, Horton, Bittner and Cherot - the commission can pray before meetings.

“However, the invocation must be nonsectarian and must not be used to proselytize or advance any one faith or belief,” he wrote.

“In particular, the invocation may not use the name of Jesus Christ or make any other denominational appeal.”

Since November, Tucker said, he has asked volunteers from the audience to lead the prayer before the twice-monthly planning commission meetings.

On March 28, an audience member volunteered, and ended the prayer with, “In Jesus' name.” At Tuesday's meeting, no audience member stepped forward, so commission vice chair Gregory Koskela led the prayer, which ended again with, “In Jesus' name.”

Koskela did not return Frontiersman telephone calls seeking comment.

Tucker said Wednesday it was his understanding that as long as volunteers lead the prayer rather than one particular commissioner, they could pray however they liked.

“We have a volunteer, so I've been told that it's appropriate,” he said. “There is a freedom of speech here, too. You can't tell people how to pray.”

Anchorage ACLU Director Michael McLeod-Ball said Wednesday that invoking the name of Jesus is inappropriate at government meetings whether or not the commission asks for volunteers.

McLeod-Ball said the ACLU had some local residents attend a few planning commission meetings since November to monitor the substance of the prayers, but those residents were not able to clearly hear what was said. He added that those residents were concerned their names might be released, which underscores the ACLU's argument that people worry they could become outcasts if they disagreed with the commission's prayer tradition.

Brandeis, the ACLU attorney, said Thursday that he planned to contact the city's attorney about the commission's continued use of sectarian prayer.

Tucker said he feels it's important to pray before meetings because, “God is a reality. He does desire to be an asset for people who ask for it ... It's a good precedent to put yourself in a position as one who is ignorant and unwise seeking wisdom.”

Tucker said the commissioners, who are not professionally trained, deal with important issues and don't have the answers in their pockets. The prayer is a request for wisdom and guidance, he said.

He said he would not object if a non-Christian led the prayer.

A “Jewish man said he was going to get a prayer from his rabbi and he would pray for us, and that would be fine,” said Tucker, who added that nobody other than the ACLU has expressed concern about the tradition.

“I try to be respectful of other people and their feelings. It's not even part of the meeting - not on the agenda - they don't have to be there; they don't have to stay seated in the room.”

The agenda does not list a time for prayer, but it does list a 7 p.m. starting time for the meeting, which is when Tucker called for a volunteer to lead a prayer on Tuesday. The prayer lasted less than a minute, and Tucker called the meeting to order immediately after.

Commissioner Ray McCarthy said he didn't see why the prayer tradition was an issue. The planning commission isn't required to pray, and the prayer doesn't occur during the meeting. He said he was aware that the American Civil Liberties Union wrote a letter, but he has not read it.

“As far as I'm concerned, it's none of anybody's business,” he said.

“If somebody doesn't like it, they can get up and walk out any damn time they want. There never has been a problem ... until some New Yorker tried to stick their damn noses into our business.”

Commissioner Colleen Sullivan-Leonard said she supports praying before commission meetings, and the city has had its attorney look into the issue to make sure commissioners follow the correct procedure.

“That's why the commission chair asks to see if anyone in the audience would like to present a prayer prior to the meeting,” she said. “I think it's all within good guidelines.”

Commissioners Dorothy Hamilton, Jessie Elkins and Gary Hall did not return Frontiersman telephone calls seeking comment.

The next planning commission meeting is scheduled for 7 p.m. April 25 at Wasilla City Hall.

Contact Leila Kheiry at 352-2270 or at leila.kheiry@ frontiersman.com. Frontiersman reporter Mary Ames contributed to this article.