City limits religious terms in invocation

June Casagrande

Jesus’ name won’t be coming up much anymore at City Council meetings.

From now on, clergy who give invocations at City Council meetings

will be asked to omit from their talks all references to Jesus, Allah

or “Our Father in Heaven” to protect the city from liability in the

aftermath of a Burbank lawsuit.

With more than a few laments, the council this week unanimously

approved a plan to comply with the findings of a judge in the case of

Rubin vs. City of Burbank. In that case, a judge ruled that a

chaplain who invoked “the name of Jesus Christ” was in violation of

the Establishment Clause of the U.S. Constitution because it

constituted a sectarian prayer, which sent a message that the Burbank

council was a Christian body.

Last spring, the California State Supreme Court decided not to

hear an appeal of the case, in effect reaffirming the ruling.

“In my opinion, it was just a matter of time before someone sued

us over this. I think it was a good move,” Newport Beach Councilman

Steve Bromberg said.

And while they voted to approve the new guidelines, many council

members bemoaned the idea of censoring the prayers of invited

speakers.

“People who give invocations should be able to say what they

feel,” said Councilman Dick Nichols, who at first said he would vote

against the measure but changed his mind after City Atty. Bob Burnham

said the new policy could help shield the city from lawsuits.

Under the new policy, clergy and others who give invocations

before city council meetings will get a copy of the city guidelines.

City officials will ask the speakers to abide by the rules, but they

won’t police them.

Bromberg, who is also an attorney, said he believes that even if a

speaker defies the rules, the city will be better sheltered from

liability because it took steps to adhere to the law.

References to Jesus, Allah and other deities of specific religions

are out. Also, a phrasing such as “Heavenly Father” is no longer

acceptable because it is associated with the Christian faith, Burnham

said.

“I believe these guidelines will insulate the city from any

potential liability,” he said.

Rabbi Mark Miller of Temple Bat Yahm applauded the council’s

decision.

“I love it,” Miller said. “I believe that an invocation at a

community event should reflect the broadest consensus of that

community. Any sectarian reference in and of itself marginalizes

people who do not ascribe to that particular faith.”

While much of the terminology that has come into question refers

to the Christian faith, the council’s decision also limits

invocations by leaders of other religions.

For example, God of Israel, Lord of the Hosts and Adonai are names

for God that are often associated with the Jewish faith. Out of

respect for the decision and the spirit of the inclusiveness, Miller

said he would not use those names for God in a council invocation.

* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport. She

may be reached at (949) 574-4232 or by e-mail at

[email protected].