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Waxhaw board debates prayer policy options, counsel urges content-neutral, resident-focused sign-up
Summary
Council members and staff discussed a draft policy to allow invocations at meeting openings, with counsel warning about Establishment Clause limits; the board favored a resident sign-up rotation, time limits, and a default moment of silence if no one signs up, and asked staff to refine the draft.
The Waxhaw Board spent extensive time on June 23 debating whether and how to allow invocations or prayers at the opening of public meetings, with town counsel stressing constitutional constraints and the need for a content-neutral process.
"There are ways that we can adjust this," counsel said, explaining the need to align any policy with the Establishment Clause and relevant case law. Counsel warned against having board members select who offers an invocation, saying that practice can create the appearance of favoritism and has been struck down in some cases.
Staff and board members discussed operational choices: an open sign-up process limited to town residents, a rotational calendar with two slots per month, a short time limit (suggested one minute to 90 seconds), and a default option — either a moment of silence or an elected official offering a personal reflection when no resident signs up. Barbie, who outlined a scheduling model and calendar logistics, said the town could ask residents to sign up by email and that staff would keep a record of who spoke.
Board members emphasized that the policy should not promote or denigrate any religion. "There is no requirement that you have an invocation or prayer," counsel said, noting the town could choose not to include one at all. Several members said they prefer a short, non-denominational approach if the board adopts a policy and asked staff to check whether a residency requirement is legally defensible.
No formal vote was taken; staff were asked to refine the draft policy to address the board's concerns about content neutrality, rotation mechanics, residency limits and administrative burden and to return with a revised proposal.
