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COG legal counsel advises caution on meeting invocation; board will consider options later
Summary
Legal counsel advised the Kern COG board that invitations to open meetings with a prayer or invocation raise First Amendment issues and litigation risk and recommended any invocation be nonsectarian; board members expressed mixed views and staff said it would return with agendized options.
Legal counsel told the Kern Council of Governments board that adopting an invocation or prayer to begin meetings implicates First Amendment law and can produce civil‑rights litigation costs if not carefully implemented.
"The biggest thing that you need to be aware of is that whatever you did choose to adopt ... it very clearly has to be nonsectarian," counsel said, noting the requirement not to advance or disparage any particular religion and the need for nondiscrimination policies to be consistent with any invocation practice.
Board members expressed differing views. One member said the meeting is not the right venue and cited Matthew 6:6 as a reason to avoid a public invocation; another member said an invocation could bring calm, unity and guidance and urged the board to consider it. The executive director said staff would prepare several agendized options for the board to consider and bring the item back for a formal decision.
No policy change was adopted at the meeting.
