Tuesday, April 12, 2011

More on the "Westphal v. Wagner" (prayer lawsuit) settlement

Don Wagner: dramatization of his unconstitutional scholarship rant
Plaintiffs'
Ayesha N. Khan
Colleges agree to discontinue some prayers (OC Register)

MISSION VIEJO – Saddleback and Irvine Valley Colleges have agreed to discontinue the use of invocations at scholarship ceremonies and faculty training sessions like the Chancellor's Opening Ceremony as part of a lawsuit settlement with a group seeking to prohibit prayers at college events.
     According to the settlement, the colleges may continue to hold a nonsectarian prayer or moment of silence during graduation ceremonies if the event's planning committee chooses to do so.
     The federal lawsuit, Westphal v. Wagner, was filed in November 2009 by Americans United for Separation of Church and State on behalf of Saddleback College professors Karla Westphal, Alannah Rosenberg, Margot Lovett and Claire Cesaero-Silva, Irvine Valley College professor Roy Bauer, Saddleback College graduate Ashley Mockett and two anonymous Saddleback College students.
     The lawsuit named as defendants the district's trustees, former South Orange County Community College District Chancellor Raghu Mathur and Saddleback President Tod A. Burnett.
     Lawyers for both sides said they were pleased with the settlement.
     "Our hope was to have all of the prayers discontinued, but we recognized that we stood on stronger legal ground with respect to some events than other events," said Ayesha Khan, the plaintiffs' attorney.
     "I think this was a fair compromise."
     Legal counsel for the defendants said the district got "exactly what it wanted."
     "The main goal in the litigation from the defense side was to preserve the ability of the district to have invocations at college graduations. This settlement does exactly that," said attorney John Vogt from Jones Day.
Mathur: showed a patriotic slide
show with a "Jesus saves" message
     Americans United challenged the use of prayer and other religious content at all college-sponsored events, claiming it is a violation of the First Amendment rights of those in attendance. The plaintiffs named several instances where they thought religious content was inappropriately used at college events.
     In February, U.S. District Court Judge R. Gary Klausner determined that nonsectarian invocations at events like graduation and scholarship ceremonies do not violate the Establishment Clause of the First Amendment, which enforces the separation of church and state. The judge denied the plaintiffs' request to prohibit invocations because they could not show irreparable damage would result from continuation of the tradition.
     However, Klausner also determined two incidents named by the plaintiffs – one involving Mathur and another involving former SOCCCD trustee Donald Wagner – did violate the Establishment Clause.
     The incident related to Mathur occurred during the Chancellor's Opening Session in August 2009. A slide show of patriotic images set to "God Bless the USA" was played during a faculty training session, ending with two slides picturing flag-draped coffins of U.S. soldiers.
     According to the court order, the images were superimposed with the message, "Only two defining forces have ever offered to die for you. Jesus Christ and the American G.I. ... One died for your soul, the other died for your freedom."
Defendants'
John A. Vogt Jr.
     The slide show had been approved by Mathur. The defendants contended Mathur had only seen the first few slides before approving the presentation.
     The incident related to Wagner occurred at a May 2009 scholarship ceremony, which Wagner opened with an invocation.
     In the invocation, Wagner mocked "the special interest group that has contacted this college to pursue its agenda of driving God from public square" by calling out the group's efforts and reminding the audience that "America's founders invoked the name of God, and encouraged and participated in religious ceremonies in government facilities."
     Both parties were required to meet for a settlement conference after Klausner issued the order in February. Vogt said the settlement was reached on March 31, eliminating the need for Klausner to issue a final judgment in the case. Before the settlement agreement, Khan had previously said the plaintiffs had planned to appeal to the state Supreme Court the portion of Klausner's ruling against them.
     Though a settlement has been reached, Vogt pointed out a potential loophole.
     Language in the settlement prohibits the colleges from holding invocations at scholarship ceremonies, but it's possible for the tradition to continue if the colleges' foundations – private, nonprofit entities who were not party to the lawsuit – resumed planning the events, Vogt said, since "nothing in the settlement would preclude the foundations." Vogt said the foundations historically planned the ceremonies until 2008.
     Khan disagreed with Vogt's interpretation of the settlement agreement.
     "Neither the South Orange County Community College District, nor its colleges ... shall include an invocation on the program at any future scholarship ceremonies," Khan said, reading from the agreement. "I think they'd be skating on really thin legal ice."

     In a recent post, DtB calculated the amount of money the district has paid Jones Day thus far. See A point of information.
     The amount: $1,041,150.00
     In the settlement, the district agrees to pay Americans United for Separation of Church and State $250,000 (plaintiffs’ attorney fees). (See.)

Judge Klausner: actually, Don, we need a bit less than you're providing

2 comments:

Anonymous said...

God has all the money in the world s/he wants. Sent a bill to herm requesting payment on July 4th--independence day from stupid religious chains that disempower everyone, save politicians who use this ploy to buy votes.

gj said...

After the collection has been taken at my church each week, the pastor uses the basket to toss the money up in the air. God is supposed to grab whatever he wants.

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...