ACLU sues to overturn Kenai’s prayer limits

The American Civil Liberties Union has launched a lawsuit against the Kenai Peninsula Borough over its controversial prayer policy at Assembly meetings.

The lawsuit says the Kenai Peninsula Borough Assembly is violating the First Amendment by limiting who may give prayers at the start of Assembly meetings.

Assembly meetings in Kenai traditionally open with a prayer, but in early 2016, the borough’s governing body decided to change the prayer policy to first-come, first served: Anyone who wanted to give the prayer could do so by signing up with the borough clerk.

Following an atheist address and a satanic invocation, the Assembly reversed course, reimposing the limits. Borough Mayor Mike Navarre attempted to veto the Assembly’s vote, but the Assembly overrode his veto.

The reimposition of limits led to the ACLU’s lawsuit, which was filed Wednesday in Anchorage Superior Court.

The complainants named in the case are Lance Hunt (an atheist) and Iris Fontana (who gave the satanic invocation). Both are Kenai borough residents, and the lawsuit is based on a 2014 U.S. Supreme Court decision that held public prayer legal, as long as people of all faiths and beliefs were included.

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