Freedom of Religion or Freedom from Religion?
Ho. Co. Commissioners Asked to Answer Question
By Will Johnson
Messenger Reporter
HOUSTON COUNTY – During a meeting of the Houston County Commissioners Court held on Tuesday, Sept. 12, an item was placed on the agenda which read “Discuss and consider the Houston County Premises Use Policy and the Ministerial Alliance sign and assembly.”
Houston County Judge Jim Lovell asked Houston County Attorney Daphne Session to provide the court with a brief background on the matter.
“Back in in June,” Session explained, “we received an open records request from the Freedom from Religion Foundation in regard to the county premises use policy and the Houston County Ministerial Alliance sign in regard to ‘Prayer on the Square’ held on Wednesdays. I responded to that open records request and in July they sent a letter outlining their concerns.”
The Houston County Ministerial Alliance has been hosting a prayer service every Wednesday at noon on the lawn of the Houston County Courthouse. The ministerial alliance has been holding the service since July of 2016 and within the past few months, a sign was placed on the lawn encouraging residents of Houston County (or anyone else ) to come join together in prayer.
The county attorney said the main concern expressed was the county was in violation of the Establishment Clause of the U.S. Constitution.
According to the Legal Information Institute of the Cornell Law School, “The First Amendment’s Establishment Clause prohibits the government from making any law ‘respecting an establishment of religion.’ This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.”
Session said with the sign placed on county property “… always and indefinitely and with the assembly taking place on county property every Wednesday, it seems to be the endorsement of religion. It is either the promotion or some endorsement of religion by the county, which is a violation of the establishment clause.”
She added after researching the issue “… it appears that they have a valid concern because with the county allowing a religious organization or an organization representing religion to indefinitely use the sign or assembly, it is a valid concern.”
The county attorney explained she had asked for the item to be placed on the court’s agenda for the commissioners to consider because she did not want the county to be held liable for some type of legal action in regard “… to us allowing some organization, in perpetuity, to reserve county property and display the sign.”
Once Session concluded her explanation, Lovell remarked, “If we give into this, where do they stop? Do t
hey come in here and tell us – I have a cross in my office. Where does it end?”
Session replied there was a difference between the two. She said the difference lied in what was considered decoration and what appeared to be county endorsed religion. She added the county had been contacted several years ago about Christmas decorations, but indicated that was not a valid concern.
Precinct Four Commissioner Kennon Kellum remarked if the county gave in to this, the next target might be prayer in the courtroom. Session replied the Supreme Court had ruled prayer in a court setting was acceptable.
As the discussion continued, Pastor Steve Meadows of West Side Baptist Church asked if he could speak.
After he received the go-ahead, he said the sign had already been taken down but added the assembly was.
“Ultimately, we are going to continue to meet there where we’ve been meeting every Wednesday at noon and we’re going to pray. If it comes to the point that we have to get arrested because it happened then, we have to get arrested. The sign is not the issue, but the assembly is,” he said.
Lovell said the agenda item concerned the Houston County policy and Session added there were some policy areas which should be revised.
“It is your policy and it is for you to make the decision. It is for you to make the decision on what you will allow to be done on the county premises, but it is also up to you to answer for any action that is taken.
Precinct Two Commissioner Willie Kitchen said he felt the keyword in the whole discussion was perpetual.
“I need to be clear on something,” Kitchen added. “Daphne is not the enemy. She is our legal counsel. She is just stating the law.”
After a few more minutes of discussion, Lovell recommended the court could simply take no action on the matter, which is what the commissioners did.
Following the meeting, Pastor Meadows stressed the signage was not the issue but added the assembly of people wanting to pray was.
“I appreciate the judge and the commissioners for taking a stand as far as supporting that. I do understand where Daphne is coming from. She is not the enemy. This came to her and she is just presenting the legal issues. I understand she is not the enemy. She is a friend,” he said. 
Judge Lovell also commented on the matter after the meeting had adjourned.
“Pastor Meadows has already taken care of the sign part. It needed to be replaced and he had already decided to just take it down. Now as far as the assembly part, I cannot – with a clear conscience – be opposed to anyone praying on county property. I don’t know if we’ll hear from these people again,” he said.
“I have talked with other county judges to whom they (the Freedom from Religion Foundation) have made similar requests. Their issues may have been different than ours in that ours was a perpetual, on-going thing, but the judges I contacted said they just ignored them. You have to take a stand at one point and we made our stand today,” Lovell said.
Will Johnson may be contacted via e-mail at [email protected].
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