By DEREK HODGES

Staff Writer

SEVIERVILLE — As a Washington-based legal group prepares to launch a First Amendment lawsuit against the county, officials here have already started weighing their legal options, having talked to an organization that defends in such actions.

Though there has been no agreement with the Alliance Defense Fund, County Mayor Larry Waters confirms he’s met with representatives from the agency to get a little guidance on a church and state debate that has embroiled local officials.

“I have spoken with them,” Waters said Monday. “Nobody’s been retained, I have just talked to some of their folks about the situation and what the courts have said about legislative bodies opening with prayer and the Ten Commandments in public places.”

The county is facing a push from another legal group that deals in First Amendment issues, specifically those related to the interaction of religion and government. Americans United for Separation of Church and State (AU) maintains the county is in violation of the so-called “Establishment Clause,” the first line of the Bill of Rights that is often cited in such cases.

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

The folks at AU argue that stipulation would prohibit practices like that of the County Commission to regularly recite a prayer from one religion to the exclusion of others. The group has long started its meetings by standing to say the Lord’s Prayer, inviting those in attendance to join in.

In addition to only using the Christian invocation, a practice AU Senior Litigation Counsel Alex Luchenitser argues amounts to “an establishment of religion,” the county has also been faulted for displaying a depiction of Jesus, accompanied by the text of the prayer and the Ten Commandments. Both those issues were raised by a local resident who filed a complaint with AU, according to Luchenitser.

As Luchenitser has made it clear the group is gearing up for a court battle over the matter, Waters has maintained the county is on solid ground with the practice and vowed to fight AU.

In that interest, Waters talked to the representatives from the Alliance Defense Fund, a group that describes itself as a “legal ministry” and specializes in this type of suit, offering legal counseling and even representation in cases they believe, like AU, threaten to undermine freedom of religion. The major difference is the groups, both funded by private donations, sit on opposite sides of the courtroom in those cases, with Alliance run as a program meant to defend what its leaders see as the erosion of free practice of the Christian religion.

Waters said he was encouraged by the discussion with the Alliance representatives, saying they pointed out cases in which American courts have upheld the practice of legislative groups opening their sessions with prayers, as well as one in which a Ten Commandments display by a government entity was allowed to stand.

“What I got out of the meeting is it depends on the circumstances,” Waters said. “There are different factors that determine the outcomes of those cases.”

In looking at the local situation and its own factors, Waters said the Alliance Defense Fund, which has a field office in Memphis, representatives didn’t offer a full evaluation, but did give Waters reason to be hopeful.

“I don’t recall them giving an overall opinion,” Waters said. “They told me there are items that might be positive in the court’s eyes and some items that might be negative in the court’s eyes.”

If the county does end up having to fight a battle in court, the Alliance Defense Fund’s Web site makes it clear it will not get involved unless it deems the case landmark enough to warrant it. The group was founded about a decade and a half ago by a group of Christian ministries with the stated goal of counteracting the American Civil Liberties Union, which is not involved in the local debate, in issues of “family values.” The Alliance, a conservative organization, has also placed itself in the middle of battles over abortion and gay rights.

For the time being, it’s unclear where the local fight will go, with the county having received nothing new from AU since a pair of letters a couple months ago.

“We’re just waiting to see what happens,” Waters said.

dhodges@themountainpress.com