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For more than 10 years, Marilyn Hackett, a para-educator fromFranklin, would cause a stir on the first Tuesday in March. The former newspaper reporter from Maine just did not think it wasright that a minister would recite a Christian prayer beforeresidents would vote on Town Meeting Day. Every year they gaveled the meeting to order and anyone whodidn t want to listen to the prayer could step outside, Hackettsaid. My response to that has been: I m not the one breakingthe law of the land. I m not the one who should be asked toleave. In 2011, she decided to file a lawsuit against the town and itsmoderator. On May 29, a superior court judge ruled that the prayer violatedArticle 3 of the Vermont Constitution, which prohibits compelledsupport of any place of worship. The decision sets a precedent that is likely to discourage othertowns from hosting similar prayers. The state court decision comesshortly after the Second Circuit Court of Appeals found a New Yorktown s practice of reciting a Christian prayer at Town Boardmeetings violated the Establishment Clause of the First Amendmentof the U.S. Constitution. Both cases reflect on the fact that the prayers at both meetingsaffiliated the towns with one religion: Christianity. For Hackett, it was an issue of fairness. Every year it was apastor from the Franklin United Church who delivered the prayer. Tovote at town meeting, residents have to be present. While she couldleave during the prayer, but she decided not to and resisted onprinciple. Over the years, Hackett said, she has been shamed at both TownMeeting Day and at work by students. One year, she said, a man stood up during the other businesssection of the town meeting and said with all the problems thistown has, the last thing we need is Marilyn Hackett bringing alawsuit. It makes you feel like garbage, she said. She said she received hateful responses to news articles about thecase and even children at the school where she works taunt her bysaying things like God save you, Ms. Hackett. The American Civil Liberties Union of Vermont and cooperatingattorneys represented Hackett in the lawsuit. Dan Barrett, staff attorney with the Vermont ACLU, said the case isonly binding in the Franklin Superior Court District, but it doeshave persuasive effect throughout the state and could be helpful toplaintiffs in Pennsylvania and other states. The VermontConstitution descends textually from Pennsylvania s as do a numberof other states. With respect to other states, it s really hard to tell at themoment, Barrett said. What we do have is a great superior courtdecision. The decision by Judge Martin Maley only addresses the stateconstitution. It leaves for another day the Establishment Clause ofthe U.S. Constitution. The recent Second Circuit case dealing withthe federal constitution is, however, binding in Vermont. Judge Maley s decision determined that, contrary to the town sarguments, the prayer constituted religious worship and Hackettwas compelled to attend the prayer. The judge also rejected an argument by the town that the prayer wassimilar to prayers held before the state legislature, which havebeen upheld as constitutional. A prayer at a town meeting is fundamentally different from aprayer in the state legislature because the general publicparticipates in a town meeting, rather than merely observing, theopinion reads. Judge Maley explicitly declined to address whether a prayer in theVermont Legislature would be permissible under the stateconstitution. The case is not over yet. The parties will have another hearing todetermine the amount of damages that the town may have to payHackett, and the town could appeal the case. Steve Jeffrey, executive director of the Vermont League of Citiesand Towns, said the league does not have a defined number of theamount of towns in the state that offer some kind of prayer on TownMeeting Day. At a moderator s workshop this year, a distinctminority of town representatives said they had been doing a prayer. Jeffrey said at the workshop last year, the league advised townsnot to go forward with a prayer on Town Meeting Day and if youdecide to do it, go forward with real sensitivity, he said. The Town of Franklin did not have a prayer on this year s TownMeeting Day. Jeffrey said the league was not involved in the lawsuit, but itcould get involved in the damages issue since it insures townsagainst such lawsuits. After repeated attempts, VTDigger.org was unable to reach Town ofFranklin officials for a comment on the lawsuit. Just what constitutes an establishment of religion under theU.S. Constitution or compelled worship under Vermont s isstill a moving target. But for Marilyn Hackett, one thing is clear: It s delightful tohave the judge recognize that a prayer s a prayer no matter whereit s held. We are high quality suppliers, our products such as China Diagnostic Wax Up , China Removable Partial Dentures for oversee buyer. To know more, please visits Porcelain Fused To Metal.
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