An attorney for the state argued Tuesday that Virginia
Military Institute's daily dinner prayer does not violate cadets'
constitutional rights because it serves a secular purpose and the cadets are
adults who can choose not to participate.
A three-judge panel of the 4th U.S. Circuit Court of Appeals heard arguments in
the state's appeal of a judge's ruling that the mealtime prayers must stop
because they violate the constitutional separation of church and state. The
ruling was made a year ago in a lawsuit filed by the American Civil Liberties
Union on behalf of two former students at the state-supported military school.
U.S. District Judge Norman K. Moon ruled that the
prayers are a "state-sponsored religious exercise."
"Because the prayers are drafted and recited at the direction of the
institute's superintendent, the result is that government has become
impermissibly entangled with religion," Moon wrote.
State Solicitor William Hurd argued that Moon's ruling should be overturned
because VMI's status as a military school makes daily prayer constitutionally
acceptable. He also said that if the ruling stands, it could lead to similar
practices being barred at the federal service academies.
"Prayer serves an important purpose in the military," Hurd said.
Citing an Army expert on religious affairs, Hurd said that "we have
prayers in the military because commanders believe it helps develop spiritual
fitness," which, he said, is "an undeniable component of military
readiness."
As a result, Hurd said, VMI's prayer practice "serves an important secular
purpose" and thus does not represent an unconstitutional entanglement of
government with religion.
Rebecca K. Glenberg, a lawyer for the ACLU, said Moon's ruling should be upheld
because VMI is a state-supported college and thus the daily prayer is an
unconstitutional endorsement of religion by the state.
"The mere fact that the government is taking a position is a violation of
the establishment clause" of the First Amendment, she said.
Glenberg said that VMI is different from the military service academies because
its cadets are civilians, not members of the military, and because "VMI
does not have as its primary mission training people for war." Instead,
she said, VMI's use of military regulations and training is meant to instill a
sense of discipline in students, "not to develop career military."
Hurd responded that "The word 'career' adds nothing. The mission of VMI is
and has always been to train military leaders." However, in response to
questions from the justices, Hurd acknowledged that just 40 percent of VMI's
graduates go on to take active-duty commissions in the military.
Hurd also acknowledged that the courts have consistently ruled that mandatory
prayers in primary and secondary public schools are unconstitutional. He said
they have also ruled that exceptions may be made for colleges and universities
because students in those institutions are adults and can choose to what extent
they wish to participate.
Hurd said that VMI's mealtime prayers are equivalent to the prayers or
invocations delivered at the opening of daily sessions of courts and
legislative bodies or at civic luncheons.
Glenberg responded by citing Moon's ruling, which held that the atmosphere of
military discipline at VMI is "inherently coercive," making it
difficult for cadets to opt out of participating in the prayers.
The appeals court usually takes a few months to issue a ruling.