Utah high court mulls atheist's prayer case
By The Associated Press
11.07.02
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SALT LAKE CITY — The Utah Supreme Court has heard arguments and taken under advisement the 8-year-old suit by a Murray atheist whose proposed prayer was rejected by the Murray City Council.
Tom Snyder, 71, first filed a federal lawsuit against Murray in 1994 for allowing other pre-meeting prayers but refusing to let him offer a prayer addressed to "Our Mother, who art in heaven."
Among other things, the prayer asked for deliverance "from the evil of forced religious worship now sought to be imposed upon the people … by the actions of misguided, weak and stupid politicians, who abuse power in their own self-righteousness."
The 10th U.S. Circuit Court of Appeals in Denver dismissed the suit, but preserved the claims in the case based on Utah state law. Snyder filed a second lawsuit in state court in 1999, which was dismissed by 3rd District Judge Stephen Henriod. The high court is reviewing that dismissal.
Attorney Brian Barnard, who represents Snyder, cites a 1993 Utah Supreme Court decision upholding prayer before Salt Lake City Council meetings. He contends that decision ensures Murray cannot discriminate on the content of the prayer because it has established a free-speech forum.
Salt Lake City abandoned prayer before its meetings when faced with a similar prayer request from Snyder.
"Murray said, based on the content of your prayer, you are not going to be able to offer it," Barnard told the justices. "Under the provision of free speech in the Utah Constitution, (Murray) is not allowed to sit in judgment of prayer or anyone's religious beliefs."
Attorney Richard Van Wagoner, who represents Murray, said federal case law favors the city's position that while it does not restrict who can offer prayer at council meetings, it may refuse to allow some prayer.
"Snyder is trying to get Murray to go the way of Salt Lake City," said Van Wagoner. "There are prayers that ... are nonproselytizing and nondisparaging in their content, and that has been recognized by the 10th Circuit and the U.S. Supreme Court."
Chief Justice Christine M. Durham asked the attorneys Nov. 4 whether all prayer could be construed as somewhat offensive to other religions — such as prayers in the name of Jesus Christ offending non-Christians.
Justice Michael J. Wilkins pondered whether speech by a person who did not believe in a deity could be considered prayer.
When Justice Matthew B. Durrant asked whether Murray would be allowed to prohibit racist prayer, Barnard replied no, "as awful as that prayer would be."
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