Judge: School Clerk Did Not Violate Order Against Prayer In ACLU Case

August 22, 2009

winkler20.jpgA federal judge has cleared Santa Rosa School District clerk Michelle Winkler of violating federal court against prayer in school.

Winkler asked her husband to offer a prayer at a district employee recognition program. That prayer alledgedly violated an agreement between the ACLU and the Santa Rosa County School district that banned employees from promoting religion or praying at school functions.

Emails from the district to Winkler had instructed her not to pray at the February school function. Instead, she was told to offer a thought for the day and a moment of silence.

U.S. District Court Judge Casey Rodgers ruled early Friday evening that Winkler was not one of the parties in the original lawsuit agains the school district, Pace High School Principal Frank Lay and then-Santa Rosa Superintendent John Rogers. Judge Rodgers also ruled that Winkler did not know that the event where she asked her husband to pray was covered by the settlement in the federal lawsuit.

winkler10.jpgThe Liberty Council argued on Winkler’s behalf that the annual Employee of the Year banquet was not a school sponsored event, but rather an event sponsored by the non-profit Santa Rosa Educational Foundation.

Lay and Pace High School Athletic Director Robert Freeman also face federal contempt charges and are due in court on September 17.

Lay asked Freeman to bless a meal where sports boosters had gathered to celebrate the completion of a new field house on January 28

In February, Winkler was instructed by District Administrator Jud Crane to offer a two to three minute “thought for the day” that was to not include a prayer. In an email exchange, Crane assumed that Winkler would withdraw from speaking if she could not offer prayer.

“I’m still on, and be unfearful of the current events, with your ‘off the record’ permission, I would like to use the prayer that I had prayed about and received from God and will suffer whatever consequences for,” Winkler wrote in an email. “I cannot be silent as God is my very life and Christ is who I am.”

“I simply cannot compromise my LORD. Like Daniel, Hananiah, Mishael and Azariah,” she wrote in another email, “I simply won’t bow down to another god.”

Here are the words that Michelle Winkler’s husband spoke at a school employee awards ceremony that had the ACLU seeking the federal contempt order:

“I love the way You have created each of with a purpose which includes the need to serve one  another in ways that bring encouragement and inspire each of us to help one another to excel.
Tonight we celebrate some of those who are an inspiration to us and in whose deeds we have been blessed.
There is a Tree (Christ), on which grows the fruits of life: love joy and peace, patience, kindness, goodness, gentleness, faithfulness and self-control.
May we each eat freely from that tree and thereby extend that same grace and mercy to one another as You have faithfully committed Yourself of lavish on us.
Thank You, Father God- in Jesus’ holy and precious name – Amen.

Pictured top: Michelle Winkler and her attorney Horetio Minhet outside the federal courthouse in Pensacola Friday. Photos courtesy WEAR TV for NorthEscambia.com, click to enlarge.

Comments

20 Responses to “Judge: School Clerk Did Not Violate Order Against Prayer In ACLU Case”

  1. John on August 26th, 2009 6:50 pm

    Hey Wayne and Thinker – Jesus loves you!

    Wayne and Thinker – Come to church with me this Sunday. Maybe it will change your mind about all us Christian “zealots”.

    love you brother!

  2. Thinker on August 24th, 2009 10:26 am

    As I said, “I rest my case”. Arguing with you folks would be like arguing with the dining room table. I’m not going to do it.

    Now where did I hear that before?

  3. Shonnan's aunt Nancy on August 24th, 2009 9:42 am

    Think about this…if everyone read and obeyed the Word of God, and all the children were taught to do the same…wouldn’t this world be a much nicer place in which to live? Conversely, it is apparent that most non-Chrisitans are a detriment to our society. They adhere only to their own conscience, which can be changed to suit any occasion.
    Some words of wisdom from the Word of TRUTH…

    “They know not, neither will they understand; they walk on in darkness; they walk about in darkness. All the foundations of the earth are unstable.” Psalm 82

    “Then said Jesus, “Father, forgive them; for they know not what they do.” Luke 23:34

  4. NN on August 24th, 2009 9:41 am

    Thinker, please, please, “think” all you want. Just don’t feel you have to share your ideals with others. Quotes from Frost and other revered writers is not as impressive as you may “think.” It’s all about interpretation, don’t you agree?

  5. EMD on August 23rd, 2009 3:17 pm

    Hi Thinker,

    Religion does bind and blind, but Jesus looses the chains of sin and makes blind eyes to see. He is The ONLY Way back to our Creator, or else Jesus is a liar, and He died in vain. If you believe all His Words, you believe that. God is not a tyrant. He is love. All who desire Him deep within their heart, will seek and find Him, no matter where they were born. I was born in the USA. But, I sought for myself to see if He was The Way. I questioned if I should believe a thing just because of where and to whom I was born. He is Real, He is True, He is Awesome!!! No one can make me doubt now. No one!!! I asked, I sought, I knocked. He answered. When He, not man, reveals Himself, you just know. But, it is still by faith, not by sight. I once sought to see to believe. Then, I believed and saw. When one hears His words, in their heart, they know His words are true, even if they are very hard words at times.

    Prayer in schools? When they were there, we did not have the troubles occuring in schools today. It may have been what I came to see as vain repetition, repeating “The Lord’s Prayer” every morning, but it sure made me think the rest of the day. Hearing /Seeing The Ten Commandments made quite an impression also.

  6. Thinker on August 23rd, 2009 12:48 pm

    “Round and around the circle goes, and truth sets in the middle, and knows.”
    -Robert Frost (I think).

    Truth is everywhere, not only in the Bible. Religion puts blinders on people and narrows their thinking, making them easily manipulated by those who want to grab power. Please don’t tread on me or my freedom to think for myself – a great American tradition.

    Public schools are funded by tax payer money and are institutions for LEARNING, LEARNING, LEARNING !!! Is that clear enough?

    Therefore: To pray, as a group in school, or exercise ANY religious ritual is simply wasting taxpayer money and school time and against the mission of the school. Focus in education is important, folks.

    But: I think human religions should be taught in public school. Let us ALL learn about Buddhism, Islam, Hinduism, Native American and African religions, Jainism, Judaism, and on and on and on, especially the huge variations of Christianity that dot our land. Then the arrogance of these Christian zealots who want prayer in schools will be more obvious. Religion that fosters ignorance and disrespects the beliefs of others, is not a desirable religion and is not in the spirit of American freedom. I rest my case.

    Oh…and while we’re at it, I think thrifty personal and family finance should also be taught.

  7. a harsh judge on August 22nd, 2009 11:23 pm

    Oh, I never agreed with Mr. Green more:

    “…when will they learn that forbidding practice of religion simply because it is a religious belief is also forbidden by the Constitution?”

    You can’t have your cake and eat it too, Wayne – so am I an idiot for that perspective? I don’t think so. You really should apologize for the use of the “idiot” word. Because people don’t believe the way you think they should then they are idiots? Naaaa. You think they are ignorant. Oh – AND idiots.

    THAT kinda sounds like Iran: “If you don’t think like I do, then OFF with your head!”

  8. FarmerTom on August 22nd, 2009 9:26 pm

    Oi. No prayer in schools. It’s so simple, yet some people seem simpler still. No prayer in school, Amen.

  9. EMD on August 22nd, 2009 4:20 pm

    Wayne,

    You seem to have an opinion much like that of my sister, who I love very very much. There are those elements in any group that would try and force their opinion. I know that. But, the main stream of society is not like that. When non-believers speak of those who are “forcing things down their throat,” I find that those are usually the ones who do not want a God who they fear will not let them do what they please. The thing is………If one truly surrenders to The God of the Bible, they surrender to their Creator, who, alone, knows what will make them happy. Also, one who surrenders to That Love that draws them, receives a new heart, and no longer enjoys those things that used to give them fleeting happiness. Yes, The Bible says that sin is pleasurable. But, only for a season.

    Personally, I find it ridiculous to compare Christianity with Islam. Real Christianity is Life. Real Islam is death. Islam requires its sons to die for Allah. God sent His Son to die for all. Pretty big difference! Islam is a religion of laws and works. Real Christianity is a relationship with The Son of God, and is God’s Gift of Grace. Not laws and works. God gave The Law only as a school master, to teach that fallen man cannot keep The Law. ALL have sinned and come short of the Glory of God. ALL men(includes women) need a savior, no matter how good they seem to be.

    I would appreciate it if all believers in, and lovers of, Christ who read this would pray for my sister, that she would “turn her heart toward Home.” Also, that Wayne would come to know the real God of The Bible, and that we who do believe in Him would stand back a moment and ask God to show us some things about this present prayer situation (on both sides), that we may not have yet seen or considered. Thank you.

  10. David Huie Green on August 22nd, 2009 2:01 pm

    REGARDING:
    “Idiots! When will people stop wasting the courts time and taxpayer money by insisting that they lend public credence to their privately held ridiculous beliefs? They would have us more like Iran where the clerics tell the government what to do. I am learning to truly HATE people like this whose ignorance really does affect others.”

    Conversely, when will they learn that forbidding practice of religion simply because it is a religious belief is also forbidden by the Constitution?

    :”You can’t pray in public because you are part of the school lsystem and you can’t tell others how to practice their religion.”

    “But aren’t you part of the school system and telling me how to practice my religion?”

    “That’s different, I’m doing it because the government ordered me to forbid you to practice your religion in public.”

    “I understand now. Freedom is a wonderful thing. We should try it sometime.”

  11. J. P. on August 22nd, 2009 1:32 pm

    in response to EMD,

    It would matter little how a Christian worded the address in any prayer the non-
    believers would still object to it. These people are so unhappy in their existance,
    they want to make everyone suffer their fate. They call us ignorant and idiots. The
    fact is the Bible speaks of these people in Romans Ch. 1. They have a reprobate
    mind meaning they, through their own actions and beliefs, do not know the truth
    in Christ you and I know. Be content in knowing if they know what we know, they
    would have a totally different outlook. Pray for them continually for they need it and it is our duty as Christians.

  12. DLS on August 22nd, 2009 1:19 pm

    We need to continue to pray for our leaders all over who are taking a stand for our rights. The Bible is full of great men who have been persecuted for sharing the gospel and living the Truth. I feel sorry for those who are without Christ in their lives, I pray for them daily. I truly wish our school system would seek out what this country was founded on and not have a bias opinion. God Reigns, Jesus lives!
    Praying for each of you who are standing for Christ.
    DLS

  13. Wayne on August 22nd, 2009 11:25 am

    Idiots! When will people stop wasting the courts time and taxpayer money by insisting that they lend public credence to their privately held ridiculous beliefs? They would have us more like Iran where the clerics tell the government what to do. I am learning to truly HATE people like this whose ignorance really does affect others.

  14. citizen on August 22nd, 2009 11:07 am

    Thanking God for the outcome of this trial! Now, we go again on Sept 17th. Don’t forget to lift up Lay & Freeman in your prayers. May the God of mercy prevail again and again!

  15. EMD on August 22nd, 2009 9:47 am

    One more thing:

    When we as Christians want to pray a prayer in a place where the government has a say, and where unbelievers are present, perhaps we could open our prayer like this: “Our Father, in the name of Jesus, I offer up this prayer on behalf of those who love and serve you.” With that opening, I do not see any reason for unbelievers in our one and only true God, to take offense, since they would not be included. I would like to hear any feedback on this from believers and non-believers in Jesus Christ.

  16. EMD on August 22nd, 2009 9:38 am

    I am thankful for the positive outcome. I do feel compelled to give one word of warning, however, to us all. To stay out of court, and to avoid bringing reproach on the name of Christ, we must all remember to be very careful not to say one thing and do another. For example, if the ACLU, or whoever gets any of us to sign an agreement or just give our word, stating that we will not pray in Jesus name, we must keep our Word. Therefore, we must not even agree not to pray in Jesus name, thereby keeping everything in The Light, to the Glory and Honor of His Name. And, thank you Judge Rodgers.

  17. J. P. on August 22nd, 2009 9:20 am

    What a beautiful, loving prayer! How could those words offend anyone? Sadly,
    had he cursed Christ instead of lifting him up, it would have been acceptable in
    our “politically correct” lifestyle How very sad.

  18. DJ Sheffield on August 22nd, 2009 8:58 am

    THANKT YOU DISTRICT JUDGE CASEY RODGERS FOR A JOB WELL DONE!

    MRS. WINKLER, THANK YOU FOR STANDING UP FOR WHAT YOU BELIEVE IN, YOU ARE TRULY AN AMAZING WOMAN AND ONE MANY WILL LOOK UP TOO.

    AN EXTREME THANK YOU TO OUR LORD JESUS CHRIST FOR SEEING EVERYONE INVOLVED THROUGH THIS TRYING TIME…….

    Now, we all must still support Mr. Frank Lay & Coach Freeman as they go through the same process. My prayers are with each of you and your families.

  19. Susan Odom on August 22nd, 2009 5:52 am

    What I dont understand is how the ACLU got involved in this. what was the harm in what was said? For gosh sakes, all the terrible things that happen every day, the state of our schools, the economy….and someone has the audacity to offer up a positive and kind word of prayer? Oh the shame! Im being sarcastic here. Whatever!!!! The ACLU needs to go expend its time and money on much bigger and more destructive issues at hand: violence in our communities, teenage pregnancy, teenage thug issues, jobs for teens&adults, domestic violence….the list could go on and on. Yet we waste time and resources fighting a positive and uplifting moment in time. Get a grip!

  20. parent on August 22nd, 2009 2:30 am

    I admire Mrs. Winkler! I could no more take off my wedding ring and refuse to acknowledge my husband, than I can refuse to acknowledge the Holy Spirit living in me. Jesus paid the ultimate price for our lives. We may be called on to pay a price for Him. We will never be able to match His amazing grace! You will receive a much greater reward, Mrs. Winkler, than any on this earth can compare!

  FNBT