"But I'm SPECIAL!"

The people who write at Townhall.com strike me as not unlike juvenile turkeys that, when caught in a rainstorm, stare up at the weather and drown.

It's called "Never Make a Deal with the Devil about Prayer" and it's the fault of Ken Klukowski.

Three Florida school employees will go to federal court on September 17 to see if they'll be thrown behind bars. The reason? Prayer.

Why do I have a sinking feeling that they are not going to go to jail because of prayer?

Their school made a deal with the ACLU to stop praying and this ridiculous situation proves that you can't make a deal with the devil.

The Santa Rosa County School District is in an area of northern Florida where people uphold traditional values and customs. One of those customs is the widespread use of prayer at all sorts of public events -- including school events.

Oh, against the Constitution. Oh, in that case, "Yay, ACLU!"

Then the ACLU came in, filed a federal lawsuit to stop the pernicious influence of students hearing people pray.

No, not just "people," representatives of the government in charge of educating students and who wield legal authority over their students, including their non-religious or "other" students.

After a few months, the school board caved when the legal bills started mounting. The ACLU has an almost unlimited budget because it can be reimbursed for bringing these "civil rights" lawsuits, but the school district must pay out-of-pocket. Desperate to end the lawsuit, school officials signed a deal written by the ACLU, which the federal judge assigned to the case then issued as a court order.

No. Wrong. The ACLU does not have bottomless pockets, they are only reimbursed for cases that they win, and that comes from...the school district! If the ACLU had lost, then they would have to pay. This is how civil disputes are settled. The side that loses pays court costs. Loses, as in, "are found to be violating the Constitution" or "settle because they realize that they will be found to be violating the Constitution."

Then two things happened. First, some school employees and adult volunteers gathered for a lunch after school hours, and the principal, Frank Lay, had the athletic director, Robert Freeman, offer a prayer before the meal. Second, some students were present at an awards banquet when a clerk, Michelle Winkler, asked her husband (who is not a school employee) to offer a prayer.

The ACLU ran to U.S. District Judge M. Casey Rodgers, who issued a contempt citation against all three officials. The judge referred the matter to the U.S. attorney in northern Florida (appointed by Barack Obama), who is now prosecuting all three for criminal contempt, which could carry six months in jail and a $5,000 fine.

Oh, so not for praying, but for violating a legal settlement. I have no problem with that.

Mat Staver, the head of Liberty Counsel, is now defending Principal Lay and the athletic director. Staver is working to keep them out of jail and save their retirements from being revoked by the state.

The Establishment Clause of the First Amendment (barring the establishment of religion) originally only constrained the federal government. In 1947, the Supreme Court extended it to state and local governments as well. Public schools are part of state government, and so are bound in every respect by the court rulings on the Establishment Clause. That includes public school employees, when acting within the scope of their employment.

Dude, the states don't get to pick and choose which parts of the Constitution they want and don't want! What is this, Alaska?

But with all due respect to the judge, this order goes too far. It forbids school employees from "participating" in any prayer, meaning that can't even bow their heads if someone else is praying. It also forbids them from allowing any private-sector person from offering a prayer. It uses overly-broad terms. It requires these employees, who are American citizens, to sign away some of their personal First Amendment rights.

They can quit. As representatives of the govt, they have no right to foist their beliefs on their charges.

It was ill-advised for the school district to try to make a deal with the ACLU. The ACLU is a ruthlessly and militantly secular organization, and these officials shouldn't have thought that if they signed a deal written by the ACLU that it would save them from this sort of outrage. -- Sometimes you have to fight.

Press release: ACLU Seeks End To Censorship Of Religious Material By Virginia Jail

The ACLU is not anti-religion. Y punto.

These people should not go to prison. The first two did nothing wrong, and the third likely did not realize how serious the consequences could be.

Oh cut that shit out. You sound like Paris Hilton whining: "But it's meee!" No. Ignorance of the law is no defense. I'm sure that's an age-old legal adage somewhere. And you are implying that they knew that there would be consequences. You are not entitled to having your parking fine cut in half because you didn't realize it was $30, not $15. Doofus.

And one lesson is clear: Never make a deal with the ACLU. They won't meet you half-way. Either you'll be forced to conform to their far-left vision of America or they'll drop the hammer on you with vengeance.

It is the court, I'll remind you, who is sending these people to jail, not the ACLU. Please fucking take this one all the way. The ACLU does not profit from their legal victories, and they take no satisfaction in these people unwisely violating a court order.

HJ

UPDATE: FatedPlace at America's Gods gives additional context to this story. Gotta love those Townhall haters!