Forsyth Commissioners vote to appeal prayer ruling

By a 4-3 vote, the Forsyth County Board of Commissioners adopted a resolution to appeal the Jan. 28 ruling of US District Court Judge James Beaty that the use of sectarian prayer at the beginning of commissioners meetings violates the First Amendment during the commissioners regular meeting on Monday.

Board chairman Dave Plyler voted with commissioners Debra Conrad, Gloria Whisenhunt and Richard Linville in favor of the resolution to retain the Alliance Defense Fund as the county’s attorney to appeal the case to the Fourth Circuit Court of Appeals. Commissioners Ted Kaplan, Beaufort Bailey and Walter Marshall voted against the measure. The commissioners also resolved to accept up to $300,000 from the North Carolina Partnership for Religious Liberty (NCPRL) to pay any attorneys’ fees it may incur in its legal battle.

When the vote was announced, a vocal majority of the estimated 800 citizens in attendance at the Forsyth County Government Center erupted in applause. Due to the size of the crowd, two overflow rooms and the building lobby were equipped with closed-circuit television monitors with coverage of the commissioners meeting.

Upon close inspection, the county’s agreement with the NCPRL clearly states that if the county is assessed fees, costs and damages by the US District Court or by the Fourth Circuit Court of Appeals beyond the total amount of funds guaranteed, the NCPRL “shall in no way be responsible for any further financial obligation to the county.”

The issue began nearly three years ago, when the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of two Forsyth County residents, Janet Joyner and Constance Blackmon, who objected to invocations prior to commissioners meetings as a violation of the constitutional rights of all county residents. The ACLU has submitted a request for attorney’s fees, costs and damages with the US District court in the amount of $127,600.

Plyler had previously stated he would vote in favor of appealing Judge Beaty’s ruling only if he was given a guarantee that no taxpayer dollars would be used in the process. When asked why he changed his mind, Plyler said the agreement was “the best compromise we could come up with.”

“I had to reach a compromise,” he said. “Unfortunately, that’s what politics is all about.”