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Lawyer Cites Lord in Condemning LDS Bishop's Prayer
BURBANK, CALIFORNIA -- In a brief filed December 18th with the
California State Court of Appeals, lawyer Roger Jon Diamond claimed
that " . . . Jesus disapproved of praying in public," and argued that
a prayer by a bishop of The Church of Jesus Christ of Latter-day
Saints, given at a Burbank City Council meeting, isn't protected by
the U.S. Constitution's guarantee of Freedom of Religion.
Diamond, who is representing Irv Rubin, a Jew present when the prayer
was given, is arguing that prayers which mention Jesus are sectarian
and not protected by the Constitution. Diamond's brief was filed in
response to an appeal by the Burbank City Council of a December 2000
decision by a Los Angeles Superior Court Judge that the prayer
violated Rubin's civil rights.
The prayer was given November 23, 1999 by Bishop David King, who had
volunteered to give the prayer through the Burbank Ministerial
Association, an ecumenical group that draws on religious leaders
throughout the city for the council's prayers. Following LDS custom,
the prayer ended in the name of Christ.
But Rubin, a representative of the Jewish Defense League, was
offended and later said "No Jew, no matter how liberal, can feel
totally comfortable with a prayer that includes Jesus Christ. . . .
It makes any non-Christian feel like an outsider." He then filed a
lawsuit against the city, saying that his constitutional rights were
violated by the prayer. In November 2000 a Los Angeles Superior Court
Judge agreed, and issued an injunction prohibiting Burbank from
"sectarian" prayers. Following a U.S. Supreme Court ruling, the
decision allows prayers to be given by ministers, but prohibits them
from being specific to any religion.
But citing Jesus in the brief takes his words out of context, claim
some local religious leaders. The Rev. Kim Strutt, who is a member of
the Burbank Ministerial Association, told the Los Angeles Times,
"[Jesus] was speaking of religious leaders who were off base in
drawing attention to themselves," and not just of just anyone praying
in public.
The case has drawn significant local attention, and the support of
national organizations on both sides of the question. At least 34
California cities have filed briefs in support of Burbank's claim
that Bishop King can pray "in the name of Jesus Christ" at its
council meetings. But Rubin's claim is also supported by other
groups, including the New York-based Council for Secular Humanity, an
athiest group that wants prayers banned from council meetings
altogether.
Source:
Jewish activist cites Jesus in lawsuit
Los Angeles Times 2Jan02 D2
By Ryan Carter
Recent court documents in council prayer case use passages from Bible to support argument.
See also:
California Cities Support Appeal of LDS Prayer Case
Mormon News 29Nov01 T6
By Kent Larsen
LDS Prayer Causes Controversy In Burbank, California
Mormon News 8Nov00 T4
By Kent Larsen
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