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ACLU asks for review of U.S. Naval Academy meal prayer
Annapolis Capital ^ | April 30, 2003 | AP

Posted on 04/30/2003 2:16:30 PM PDT by berserker

The Naval Academy should review its practice of leading students in lunchtime prayer, the American Civil Liberties Union of Maryland said yesterday. A federal appeals court decision involving the Virginia Military Institute raises serious legal questions about the practice, the group said.

VMI's suppertime grace violated the First Amendment because of a "coercive atmosphere" that gave students little choice about participating, the 4th U.S. Circuit Court of Appeals, whose jurisdiction covers Maryland, Virginia and three other states, ruled Monday.

"The logic of the decision applies directly to the Naval Academy practice," said Rebecca Glenberg, legal director of the ACLU of Virginia, which sued VMI on behalf of two cadets. "The Naval Academy has the prayer on a daily basis; they're sponsored by the school; they take place at meals where everyone is required to attend."

David Rocah, staff attorney for the ACLU's Maryland chapter, said, "I'm calling on them to re-examine" their practice. He wouldn't discuss whether the group was planning any legal action.

The Naval Academy is the only federal service academy to lead students in a mealtime grace. The Air Force, Coast Guard and Merchant Marine academies offer a moment of silence before meals; West Point doesn't even offer that.

Officials at the Naval Academy declined to comment yesterday. But a Navy official said the service will review the ruling.

The noontime ritual may date to the Naval Academy's founding in 1845. A chaplain climbs a platform at the mess hall and leads students in a short, nondenominational grace. The school's 4,000 midshipmen don't have to pray. But they must be in attendance, with latecomers facing the same discipline as those tardy to class.

Academy spokesman Cmdr. Bill Spann defended the ritual last fall. "We feel strongly that adequate personal and spiritual development is an important aspect to developing a 21st-century warrior," he said.

Monday's ruling by a three-judge panel in Richmond, Va., upheld a January 2002 decision of U.S. District Court in Lynchburg, Va. The appellate judges said VMI's culture of "obedience and conformity" made the prayer ritual unconstitutional, even if students are free to remain silent. "VMI's cadets are plainly coerced into participating in a religious exercise," the judges wrote. "The technical 'voluntariness' of the supper prayer does not save it from its constitutional infirmities."

Virginia Attorney General Jerry Kilgore vowed to seek a review by the full 4th Circuit. He said VMI's prayers were "precisely the sort of prayers" recited at the Naval Academy and across the military.


TOPICS: Culture/Society; US: Maryland
KEYWORDS: 4thcircuit; aclu; jerrykilgore; momentofsilence; navy; pray; prayer; religiousfreedom; usna; vmi
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FR thread on 4th Circuit opinion on VMI prayers & text of opinion from Mellen v. Bunting.
1 posted on 04/30/2003 2:16:31 PM PDT by berserker
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To: berserker
Christianity will be illegal within a generation.
2 posted on 04/30/2003 2:17:45 PM PDT by Mr. Jeeves
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To: Mr. Jeeves
I wonder how long I'd be suspended for REALLY cussing on a religion thread?
3 posted on 04/30/2003 2:18:32 PM PDT by Howlin (The most hated lair on FR)
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To: berserker
My USNA grad husband (class of '58 - yes, McCain's class) is too disgusted to offer me his verbal opinion.
4 posted on 04/30/2003 2:23:04 PM PDT by onyx
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To: berserker
The ACLU is literally asking a federal government agency to evaluate a religious practice.

I thought that was exactly what the First Amendment was designed to prohibit!

Clearly the ACLU is composed of the Running Dog Lackies of the Ayatollah's in the judiciary. It is long overdue to overturn this evil combine, jail it's practitioners and ban it's admirers.

5 posted on 04/30/2003 2:25:28 PM PDT by muawiyah
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To: berserker
Praying before eating military chow is an act of desperation, not necessarly a religious act.
6 posted on 04/30/2003 2:26:28 PM PDT by Blue Screen of Death
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To: Mr. Jeeves
Don't worry. They will all be believers when their feet hit the fire.

It is interesting how Christianity is singled out and constantly attacked while other belief systems are free to flourish.

God help us!!!
7 posted on 04/30/2003 2:28:21 PM PDT by DonaldC
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To: All
FROM THE BIBLE:

Luke 21:17 -
Jesus said, "And ye shall be hated of all men for my name's sake."

John 15:18 -
Jesus said, "If the world hate you, ye know that it hated me before it hated you."

John 15:25 -
Jesus said, "But this cometh to pass, that the word might be fulfilled that is written in their law, They hated me without a cause."

John 17:14 -
Jesus said, "I have given them thy word; and the world hath hated them, because they are not of the world, even as I am not of the world."
8 posted on 04/30/2003 2:28:36 PM PDT by Cindy
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To: Blue Screen of Death; onyx
As a member of the Class of '79, I can say that the food was always excellent and did not need prayers for that reason.
9 posted on 04/30/2003 2:31:06 PM PDT by berserker
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To: muawiyah
The ACLU is literally asking a federal government agency to evaluate a religious practice.

I thought that was exactly what the First Amendment was designed to prohibit!

Precisely! Court prohibitions of prayer amounts to the establishment of a religion -- atheism.
Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

The VMI decision upheld the ACLU whimpering and whining that the lunchtime prayer was affected in an environment of coercion. Maybe I get the courts to make everyone in the theater quit applauding when I think the performance sucks.

What part of "free exercise" don't they get?

10 posted on 04/30/2003 2:44:24 PM PDT by nicollo
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Comment #11 Removed by Moderator

To: Howlin
I wonder how long I'd be suspended for REALLY cussing on a religion thread?

Borrow as many of these as you need:

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12 posted on 04/30/2003 2:50:02 PM PDT by dighton (Amen-Corner Hatchet Team, Nasty Little Clique, Vulgar Horde)
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To: berserker
What I want to know is what about all those cities named after Christian saints, and especially what about that city named after the Virgin Mary?
13 posted on 04/30/2003 2:50:40 PM PDT by Grut
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To: berserker
In '58, Sunday attendance at church of choice (Protestant, Catholic or synagogue) was mandatory for ALL, including self-proclaimed agnostics. He's wondering if this policy was still enforce during your tenure?

Selection into any of the service academies is both an honor and a privilege, and worship (God) was always an integral part of "honor, duty, service, country."

Husband says if ACLU is sucessful in removing (prohibiting) prayer at USNA, then the US Senate and House will have to dispense with their morning prayers.

14 posted on 04/30/2003 2:50:57 PM PDT by onyx
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To: dighton
Hey, thanks. Have you been saving those up for a "special occasion?"
15 posted on 04/30/2003 2:51:16 PM PDT by Howlin (The most hated lair on FR)
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To: nicollo
I forgot about the or prohibiting the free exercise thereof... stupid public school education!

If that was quoted-which is in the 1st Bill of Rights-as much on FR as the mythical Right To Privacy, then the ACLU would be out of things to complain about.

16 posted on 04/30/2003 2:56:51 PM PDT by PeoplesRep_of_LA (Press Secret; Of 2 million Shiite pilgrims, only 3000 chanted anti Americanisms--source-Islamonline!)
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To: PeoplesRep_of_LA
No, no, no - we must NEVER forget to make things hard for the ACLU.

I was watching this session on the tv show "24" and the President had a neat idea of how to get his CIA chief to talk.

Dershowitz said torture is probably not unconstitutional, so it would be OK to use on the ACLU management and their adherents when it comes time to run them to ground (come the revolution, eh?!).

17 posted on 04/30/2003 3:01:38 PM PDT by muawiyah
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To: berserker
The ACLU has pretty much the same policy on religion that the Bolsheviks do. It's amazing that they are now trying to cencor adults at military academies now. The academy should fight this, of course.
18 posted on 04/30/2003 3:04:36 PM PDT by Hacksaw
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To: Mr. Jeeves
Not until they pry my gun from my cold, dead fingers.
19 posted on 04/30/2003 3:06:20 PM PDT by BenR2 ((John 3:16: Still True Today.))
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To: Hacksaw
SInce the ACLU was founded by a communist by the name of Baldwin, having a bolshevik view of religion is unsurprising.
20 posted on 04/30/2003 3:46:14 PM PDT by WOSG (All Hail The Free Republic of Iraq! God Bless our Troops!)
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