On Constitution Day, Sept. 17, two school administrators face jail time for lunch prayer

Congressional Prayer Caucus writes letter supporting administrators

Sep 16, 2009
JONI B. HANNIGAN
Managing Editor

Editor’s note: Pace High School principal Frank Lay and athletic director Robert Freeman were cleared of the charges filed against them in a decision handed down by U.S. District Judge Margaret C. “Casey” Rodgers after a day-long trial Sept. 17.

PENSACOLA (FBW)-On the anniversary of the day 39 men signed the United States Constitution, Sept. 17, two Santa Rosa County School District administrators will face criminal contempt charges in court for a prayer offered at a booster lunch.

Principal Frank Lay and athletic director Robert Freeman of Pace High School may face jail time if a federal judge rules they violated a court order issued Jan. 9 that forbid employees from "promoting, advancing, aiding, facilitating, endorsing, or causing religious prayers or devotionals during school sponsored events."

Charges were filed against Lay and Freeman after Lay, who is in his 20th year as the school's principal, asked Freeman to offer a prayer before the meal at a Jan. 29 luncheon in the school's field house honoring boosters and other adults. Lay is a member of Olive Baptist Church in Pensacola.

"I did it primarily out of habit. It's just something we've always done," Lay said. "I have been painted here as somewhat of a rebel. I don't consider myself that, nor do I want to be. I am a Christian. I am not ashamed of my faith."

Orlando-based Liberty Counsel is representing both men. Mathew D. Staver, the organization's founder, told the Florida Baptist Witness that last year the American Civil Liberties Union filed a lawsuit against the school district claiming some teachers and administrators "endorsed" religion.

The school district, Staver said, complied with the ACLU's recommendations and consented to the entry of an order by the court which, among other things, essentially bans employees from engaging in prayer or religious activities before, during or after school hours.

U.S. District Judge Case Rodgers initiated criminal contempt proceedings and has referred the men to the United States attorney's office for prosecution. The case is scheduled for trial in U.S. District Court in Pensacola Sept. 17.

U.S. Representative Jeff Miller, a Pensacola lawmaker and a group of other federal lawmakers representing a 54-member Congressional Prayer Caucus, have signed a letter in support of Lay and Freeman, Staver told the Witness Sept. 16.

Miller, along with U.S. Reps. J. Randy Forbes, R-Va., and Mike McIntyre, D.N.C., wrote the letter on behalf of lawmakers, many of whom made speeches on the House floor Sept. 15 while pointing out the "irony" of the men being tried in federal court on the the 222nd anniversary of the signing of our Constitution.

"Please know that we are standing with you in prayer and support as you face your trial on Thursday because of offering a prayer," the lawmakers wrote.

"The tradition of offering prayer in America has become so interwoven into our nation's spiritual heritage, that to charge someone criminally for engaging in such an innocent practice would astonish the men who founded this country on religious freedom," the letter concluded.

Staver said it's clear in celebrating Constitution Day, Americans should remember Liberty comes at a price.

"While we celebrate our enduring Constitution, we are reminded that liberty is always a generation away from extinction. Liberty is not inherited and is not transmitted in our DNA. Liberty must be secured by each generation," Staver said. "What a sad state of affairs, when on the day we celebrate the oldest and most enduring Constitution in the world, that honorable public servants are tried as criminals for praying over a meal.

"This may be the America the ACLU seeks, but it is not the America Liberty Counsel knows, nor is it the America the Founders envisioned," Staver said.

Meanwhile, Judge Rodgers did rule in favor of Michelle Winkler, a clerical assistant for the school, Aug. 21, whom the ACLU had complained violated the consent order when she asked her husband to pray at a privately funded event at a nearby naval base.

After more than seven hours, Judge Rodgers ruled against the ACLU, concluding Winkler's husband's prayer did not violate the court's order.

Liberty Counsel is also seeking to intervene in the original case and Sep. 3 argued to represent Christian Educator Association International (CEAI) according to Liberty Counsel's senior litigation counsel, Horatio Mihet.

Mihet told the Witness both the school board and the ACLU argued against their motion to intervene, citing time and money involved--and whether they have standing in the case.

The court has ordered additional hearings Sept. 22 and Dec. 2. The Dec. 2 hearing is scheduled to last more than two days.

"We are talking about the constitutional rights of teachers and staff," Mihet said. "It's clear from this court order, the court is interested in what we have to say."

Mihet said he believes the signal from the court is positive, and the issue needs to be resolved, otherwise these contempt hearings will happen "over and over."

Staver told the Witness there is a need to continue to fight for the "fundamental liberties" Americans have. Walking away is not the answer, he said.

"What's not the Christian thing to do is just to walk away whenever the Gospel is at stake -- to think it's just irrelevant. These are fundamental liberties that we have: the free exercise of religion and free speech. Those are liberties we cannot take for granted," Staver said. "These liberties are inalienable rights that come from our God."

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