Delegates approve prayer bill

Citing Scriptures and Thomas Jefferson, the House of Delegates voted yesterday to approve legislation that would allow state police chaplains to invoke the name of Jesus Christ at state police events.

House Bill 2314 passed 66-30, close to the threshold for overriding a possible gubernatorial veto.

The bill does not specify a particular religion. It says the Virginia State Police cannot "prescribe, proscribe, regulate, limit or otherwise dictate the religious content of the volunteer chaplains' expression of religious beliefs, prayers, invocations, benedictions, spiritual counseling or spiritual guidance."

The ACLU said the measure is unconstitutional. If it survives the legislative process, the ACLU said it will challenge it in court.

Del. Charles W. Carrico Sr., R-Grayson, a former state trooper, introduced the bill after the superintendent of state police prohibited chaplains from delivering prayers invoking the name of Jesus Christ at such functions as trooper graduation ceremonies and the annual memorial service for fallen troopers. Six chaplains resigned in protest.

Carrico, professing himself a Christian, held up a Bible on the House floor Tuesday when the bill first came up for consideration.

"I do not want to interfere with anyone else's religion," he said yesterday.

Two Jewish members of the House spoke against it, saying it violates the constitutional separation between church and state.

"Vote no, so minorities can be included in the public life of Virginia," said Del. Adam P. Ebbin, D-Alexandria.

Del. Robert G. Marshall, R-Prince William, said ministers open each daily session of the House of Delegates -- a public body -- with prayer and frequently invoke the name of Jesus.

"No descendants of Isaac or Jacob were struck," he said.

The House has three Jewish Members: Ebbin, David L. Englin, D-Alexandria, and Albert C. Eisenberg, D-Arlington.

Del. H. Morgan Griffith, R-Salem, the House Majority Leader, said not allowing Christian prayers violates the free speech and freedom of religion provisions of the U.S. Constitution.

Those who say the bill violates the First Amendment by having a state entity advocating a specific religion are engaged in "Orwellian double-talk," he said.

Fifty of the 53 Republicans voted for the measure. Three did not vote. The two independents voted for it. Thirty Democrats voted against it, while 14 voted for it. One Democrat did not vote.

Before it reached the House floor, the bill was amended to provide that if a Christian prayer be uttered at a public event, the printed program include a disclaimer that the chaplain was speaking on his own, without sanctioning by the Department of State Police.

Earlier in the day, Gov. Timothy M. Kaine said the decision of Col. W. Steven Flaherty, superintendent of the Virginia State Police, to limit the prayers was the right one and hinted at a veto.

"If you are getting paid to be a state chaplain and are on the clock as a state employee, you shouldn't be proselytizing," he told reporters. "You should be in these public settings offering prayers that will really be inclusive."

Also yesterday, the Senate Courts of Justice Committee delayed until Monday a vote on a similar bill, Senate Bill 1072, sponsored by Sen. Stephen H. Martin, R-Chesterfield. Sen. Richard L. Saslaw, D-Fairfax, requested a delay to get a legal opinion from the office of Attorney General Bob McDonnell.

An assistant attorney general testified that the legislation can be defended on constitutional grounds.

"The religious content of someone's prayer -- be it a priest, imam, rabbi, whatever -- shouldn't be dictated by government officials," Steve McCullough told the committee.

Contact Tyler Whitley at (804) 649-6780 or .

Contact Jim Nolan at (804) 649-6061 or .