City Council Prayers - Overt Christian Proselytizing Unconstitutional
HCSSC Press Release - Tuesday, November 12, 2002

NOTE: HCSSC would like to thank Mike Gabbard, Councilman-elect to the Honolulu City Council, for bringing this matter to our attention. Councilman-elect Gabbard gives the Hare Krishna religion a new voice on the City Council. Hare Krishna gurus will be invited to give the invocation.

DATE: Wednesday, November 13, 2002
TO: Honolulu City Council - All Members
FROM: HCSSC
RE: Religious Discrimination

This is a formal complaint of religious discrimination against the citizens of Honolulu. In the past three years, all but 4 of the invocations delivered as part of the agenda for regular meetings were distinctly Christian.

Most of the invocations took the form of prayers or Bible readings, often beginning with "Our Father in Heaven …" and ending with "… In Jesus Name, Amen." Many included overt proselytizing and some claimed Jesus is "Our Lord and Savior." The vast majority of Hawaii residents are non-Christian, so these pious pronouncements are offensive and disparaging to those who hold different religious beliefs or secular views.

In Allegheny County v. Greater Pittsburgh ACLU (1989) 492 U.S. 573, the Supreme Court of the United States ruled "Whatever else the Establishment Clause may mean..., it certainly means at the very least that government may not demonstrate a preference for one particular sect or creed (including a preference for Christianity over other religions)."

In Lynch v. Donnelly (1984) 465 U.S. 668, 687) the High Court ruled that the government "may not take a position on questions of religious belief or make adherence to a religion relevant in any way to a person's standing in the political community."

In Marsh v. Chambers, supra, 463 U.S. 783, the Supreme Court wrote that invocations "must not be exploited to proselytize or advance any one, or to disparage any other, faith or belief." In Marsh, the court recognized that "not even the 'unique' history of legislative prayer can justify contemporary legislative prayers that have the effect of affiliating the government with any one specific faith or belief."

In Rubin v. City of Burbank, the Court of Appeal upheld a Superior Court decision that the inclusion of "sectarian prayer" in city council meetings violated the Establishment Clause of the United States Constitution, and it enjoined the City from allowing sectarian prayer at city council meetings. The court also ordered the City to "advise anyone conducting a prayer as part of the City Council meeting that sectarian prayers are not permitted."

The court in Rubin v. Burbank determined: "The reference to "Jesus Christ" in the invocation violated the Establishment Clause. By directing the prayer to "Our Father in Heaven...in the name of Jesus Christ" the invocation conveyed the message that the City Council was a Christian body, and from this it could be inferred that the council was advancing a religious belief. … We interpret Marsh to mean that any legislative prayer that proselytizes or advances one religious belief or faith, or disparages any other, violates the Establishment Clause."

All regular meetings of the Honolulu City Council officially begin with the Call to Order (gavel), the Pledge of Allegiance - including the phrase "Under God" - followed by an invocation. Audio-taped records prove that almost every invocation has been blatantly biased in favor of the Christian religion over all others.

By preceding the invocation with the Call to Order, the Honolulu City Council is forcing members, employees, and the public to participate in both the Pledge and the Christian religion. The sectarian prayers are recorded and maintained as part of the official public record.

Speaking on the KGMB 9 News at 6 PM last night, Council Chair John DeSoto said: "If you don't like to hear what people are saying about Christ… then don't go there."

This pious and arrogant statement is an insult to the citizens of Honolulu who have a constitutional right to freedom from government endorsements of religion, as well as rights to due process and equal protection of laws.

The invocations given at the Honolulu City Council meetings take place on government property, are authorized by the Council, and are part of the official agenda and record. Because the government is controlling the time, place, and manner of the prayers, it has a compelling interest in upholding the constitutional rights of council members, employees, and the public. Council invocations are government, not private, speech.

We can think of no more compelling interest than safeguarding the Establishment Clause of the First Amendment. As ordered in Lynch v. Donnelly (1984) 465 U.S. 668, "The Establishment Clause prohibits government from making adherence to a religion relevant in any way to a person's standing in the political community."

Hawaii Citizens for the Separation of State and Church (HCSSC) hereby calls upon the Honolulu City Council to cease and eliminate the practice of promoting Christianity over other religions and non-religion. We call upon the Council to take up this matter in Executive Session as soon as possible and place the issue on the agenda for the next regular meeting.

HCSSC demands that the Council establish a written policy concerning invocations. Clergy and others scheduled to deliver invocations must be warned that sectarian references violate the Constitution and Council policy. All prayers must be non-sectarian or generic, without specific references (Jesus Christ, etc.) which may favor or disparage other religions. Buddhists, Confucians, Hare Krishnas, Hindus, Secular Humanists, Jews, Muslims, Scientologists, Shintoists, Wiccans and others must all be included, indeed invited to participate in full equality with Christians.

Hawaii is the most religiously diverse state in the nation. Less than 30% of residents belong to any of the Christian sects; nearly 60% and unaffiliated with any religion.

All Hawaii residents deserve respect. The current Council policy fosters religious discrimination and the problem must be corrected immediately. If the Council fails to act on this complaint in a timely manner, HCSSC intends to pursue legal action.

Sincerely,

Mitchell Kahle
President

CC: David Arakawa, Corporation Council

Christian Proselytizing and Prayer Violate Constitution
Honolulu City Council practicing religious discrimination

Press Release - Page 1 of 2 - For Immediate Release, Tuesday, November 11, 2002

All Regular Meetings of the Honolulu City Council officially begin with the Call to Order (gavel), the Pledge of Allegiance - including the phrase "Under God" - and an invocation. Audio-taped records prove that almost every invocation is overtly biased in favor of the Christian religion.

By preceding the invocation with the Call to Order, the Honolulu City Council is forcing members, employees, and the public to participate in both the Pledge and the Christian religion.

In the year 2002, the Honolulu City Council held regular meetings on the following dates; Invocations were performed by those named herein.

*1st and only Muslim to ever give an invocation at a Honolulu City Council meeting.

Other than the March 13th meeting, all invocations were decidedly Christian in content. Most beginning with "Our Father in Heaven …" and ending with "… In Jesus Name, Amen." Most included overt proselytizing and readings from the Bible. Some referred to Jesus as "Lord and Savior." These sectarian pronouncements can be offensive and disparaging to those who hold different religious beliefs or secular views.

The last regular meeting of the Honolulu City Council, held Wednesday, October 16th, included an invocation delivered by Pastor Ray Dennis of Waimalu Grace Bretheren Church. Pastor Dennis engaged in a lengthy sermon that included numerous references to the Bible and Jesus. Pastor Dennis' mid-sermon appeal for council members' "influence" in obtaining city building permits for his church was out of order and perhaps illegal.

At the regular meeting held Wednesday, September 25th, an invocation was given by Mr. Ron Boyer, Senior Advisor to John Henry Felix. Mr. Boyer led the prayer which began "Father in Heaven" and ended "… In the name of your Son and our Savior, Jesus Christ. Amen." Mr. Boyer also used the invocation for political speech when he openly criticized those "who want to take God out of everything." Mr. Boyer is a public employee who has no legal right to proselytize or politic on government time. This act may also have violated the law.

SECTARIAN PRAYERS PROHIBITED

In RUBIN v. CITY OF BURBANK, (No. BC 221942), the Los Angeles County Superior Court ruled that the inclusion of "sectarian prayer" in city council meetings violated the Establishment Clause of the United States Constitution, and it enjoined the City from allowing sectarian prayer at city council meetings. The court also ordered the City to "advise anyone conducting a prayer as part of the City Council meeting that sectarian prayers are not permitted." The decision was upheld on appeal to Court of Appeal of the State of California, B148288, Filed September 9, 2002.

The Court of Appeal held that: "The reference to "Jesus Christ" in the invocation violated the Establishment Clause. By directing the prayer to "Our Father in Heaven ... in the name of Jesus Christ" the invocation conveyed the message that the Burbank City Council was a Christian body, and from this it could be inferred that the council was advancing a religious belief."

Based on the recorded evidence, it is clear that the Honolulu City Council has demonstrated bias and discrimination in favor of the Christian religion.

ALL INVOCATIONS - whether in the form of prayers, sermons, speeches, poems, songs, or any other -- MUST BE GENERIC & NON-SECTARIAN as ruled by the United States Supreme Court in MARSH v. CHAMBERS, supra, 463 U.S. 783. All those who deliver invocations must be advised that sectarian prayers and sermons are not permitted under the Constitution.

Audio taped recordings of prayers, currently on file with the City Clerk's office, must be removed from the public record by erasing those portions of the tapes or written transcripts. All future invocations must be GENERIC & NON-SECTARIAN. Invocations should come before the Call to Order and the content should be excluded from the record.

Hawaii Citizens for the Separation of State and Church (HCSSC) is demanding that the Honolulu City Council cease all further demonstration of bias and discrimination in favor of the Christian religion over others and non-religion.

Members of HCSSC will hand-deliver written complaints, including transcripts of prayers, to all council members at the Regular Meeting scheduled for Wednesday, November 13, at 10 AM, at Honolulu Hale.

CONTACT INFORMATION

Mitch Kahle, President
Hawaii Citizens for the Separation of State and Church
Email: hcssc@lava.net

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The following are brief excerpts from the invocations recorded at each of the Honolulu City Council meetings from 2002.

"Pray with me. Father God, Lord, we thank you for the privilege of being here this morning. Lord, have your hand in everything we do. In Jesus name. Amen." [At this point the pastor paused his sermon and appealed to council members for "influence" in obtaining city building permits for his church. Then he went on with a long and rambling sermon about how "faith is vision" and that Moses was one of the greatest leaders of all time because he had such "great faith. He read from the Book of Numbers and the Book of Joshua and finally concluded "Let us pray. Dear Father God … [rambling prayer] … in Jesus name. Amen."

Pastor Ray Dennis, Waimalu Grace Bretheren Church, Wednesday, October 16, 2002

"I am going to share from the one book in the Bible that does not mention God. By mentioning this book, maybe I won't get in trouble with certain parties who want to take God out of everything. It is the Book of Esther which tells the story of a young orphan girl who was chosen to be queen…. All rise and join me in a moment of prayer. Father in Heaven, we thank you so much. You put us in these positions to serve your people. Father, we pray, Lord God, let us serve you. We praise you. We lift up to you. In the name of your Son and our Savior, Jesus Christ. Amen."

Ron Boyer*, Senior Advisor to John Henry Felix, District 3, Wednesday, September 25, 2002
*Paid public employee proselytizing on government time for the benefit of his superior

"Let us pray. Heavenly Father we come to you first of all recognizing that you are the God that rules in the affairs of men. God, we know that you hold the king's heart in your hand. Lord, we thank you for the grace that you have bestowed upon us. We thank you for the fact that you have allowed us to live in this free country. And have allowed us to live in this state. God, now we come and ask for your blessing on the Council. God, I ask that you will give them the wisdom to stand for what is right and the courage to stand against evil. And Lord, we will give you praise and the glory for all that is done. We pray these things in Jesus name. Amen."

Pastor James Reid, Fellowship Bible Church, Wednesday, August 7, 2002

"Bow your heads. Eternal God we stand before your presence … we pray for our council members … we pray God for divine guidance as Solomon declared: Wisdom is the principal thing … I pray Lord that you will anoint their minds that they have done their best to represent you first of all and then their various districts. Bless them I pray. In Jesus name. Amen.

Pastor Audwin Meekins, The Way of Truth Church, Wednesday, July 17, 2002

"On behalf of our senior pastor Wayne Cordero, and the people at New Hope Christian Fellowship, you are all in our prayers…. Father, it is with great delight that we get to approach you on your throne…we ask you for your blessing, your hand, to be on every moment of this time … in the wonderful name of Jesus, Amen."

Pastor Rod Shimabukuro, New Hope Christian Fellowship, Wednesday, May 29, 2002

"I would like to read a poem, called 'More or Less' that I found in the Hawaii Catholic Herald. With minor changes, I'll call my version 'Less and More.' Oh God remind me that it's less of me and more of you; less doubt and more prayer…. Lord, please shower us with your blessings today and everyday. All this we ask in Jesus' name. Amen."

Romy Cachola, Saint Anthony's Council and Council Member, Wednesday, April 24, 2002

"I will read from the 139th Psalm… [Reads 139th Psalm] Let us join in prayer. Oh God, Our God in whom we have our being…. In the name of Jesus the Christ, Our Lord. Amen."

Rev. Tom Fujita, Nuuanu Congregational Church, from Wednesday, April 3, 2002

"Aloha! It's definitely a privilege to be with you this morning…. as we make history. This is the first time that a Muslim person stands before you to do an invocation… Thank you. Please join me in prayer. Praise be to God the cherisher… Almighty God we supplicate to you. We ask for your mercy on Judgment day. … Amen."

Hakim Quansafi, Islamic Center of Hawaii, from Wednesday, March 13, 2002

"Our Almighty God, today we express our heartfelt thanks because of your immeasurable loving kindness. … We ask all of this in the name of your Son, Our Lord Jesus Christ. Amen."

Brother Jesse DelRosario, Inglesia Ni Cristo Church, from Wednesday, February 20, 2002

"Let us pray. Oh Gracious and Loving God… We pray for a moment this morning to acknowledge your presence and to thank you. We pray for your wisdom and truth to guide us… May each of us… serve you faithfully…. This we pray in Jesus name, our God forever and ever. Amen."

Cartus Thornton, Chaplain, Marine Corp Base Hawaii, from Wednesday, January 30, 2002

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