By DEREK HODGES

Staff Writer

SEVIERVILLE — A Washington-based legal group says it may sue to get the County Commission to stop opening its meetings with the Lord’s Prayer and to take down a picture depicting the Ten Commandments.

County Mayor Larry Waters has vowed to dig in against the demand.

Rob Boston, a spokesman for Americans United for Separation of Church and State (AU), said his organization received a citizen complaint about the prayer and the picture. Though a letter AU sent to county officials in mid-February doesn’t specifically mention legal action, it seems clear the group is prepared to file suit if need be.

“We do have a staff of lawyers, but we do try to work these issues out outside of court,” Boston told The Mountain Press on Monday. “We do litigate, though.”

A document composed by AU lawyers was sent to Waters on Feb. 17 to distribute to all 25 commissioners. In it, AU staff attorney Ian Smith demands that the county change its ways and report back within 10 days.

“We are writing to request that you end the prayer practice and remove the poster in order to ensure compliance with the Establishment Clause of the First Amendment to the U.S. Constitution,” Smith wrote. It requests a response within 10 days.

The county has yet to respond. Waters said Monday no change is planned.

“I think it’s appropriate to say a prayer at the beginning of the meetings and I’m going to continue doing so,” Waters said.

For as long as Waters has been mayor — more than three decades — he has started each session by inviting people to stand and join in reciting the Lord’s Prayer, a liturgy spoken by Jesus in the New Testament. In a letter to the commissioners informing them of the complaint, Waters said he’s never known anyone to have an issue with the practice.

“It appears that this is similar to the harassing complaints that many county officials have received,” Waters wrote, explaining Monday that he believes AU was informed of the situation by a member of a local group that says it’s determined to “reform” county government. “I have been Sevier County mayor for 32 years and we have prayed before every County Commission meeting, and I fully intend to keep doing so.”

The county is not alone in praying before meetings. Bodies ranging from Congress to state legislatures to city councils in Sevier County use prayer in their sessions.

Likewise, Water said he’s ready to fight to maintain the picture, which includes an illustration of the Ten Commandments.

“We have also never had a complaint about any of the pictures in the meeting room,” Waters wrote. “I also have no intention of removing the picture.”

The depiction actually hangs in a multipurpose room in the courthouse, which serves not only as the meeting space for the County Commission, but also hosts court proceedings occasionally. Courts across the country have ordered illustrations of the Ten Commandments removed from judicial buildings.

Boston, meanwhile, believes both the picture and the prayer could land the county in court. The letter from AU’s Smith cites a number of court rulings that back up that belief. The issue for AU is that the Lord’s Prayer is a specifically Christian liturgy, despite the fact that it never mentions Jesus and doesn’t use the word “God” or any other name assigned to the Christian deity, Boston said.

The Supreme Court has ruled that prayers are allowed at such gatherings provided they are not specific to any given religion.

“It’s a no-brainer that it’s a Christian prayer,” he said. “I think that (arguing it’s not) would be a bit of a reach.”

The courts have interpreted the First Amendment to mean that government-endorsed displays of any one faith are in violation of the Constitution.

Boston suggested the county consider switching to a moment of silence or invite in persons of other faiths to offer prayers, as well. However, even such an invitation can be tricky. AU recently was party in a lawsuit that forced Forsyth County, N.C., to abandon the practice after it determined the county’s prayers were “actually about 95 percent” Christian, Boston said.

Boston maintains the group isn’t grinding an axe, but rather trying to keep the public forum a welcoming place for everyone.

“It’s not because we’re hostile to Christianity or any other religion. It’s simply because we believe religion is something that is better left to private houses of worship,” he said. “I hope situations like this can serve as a type of education for people. It’s better for all concerned if the government remains neutral in matters of faith.”

dhodges@themountainpress.com