Putting principles into policy

  • Saturday, October 15, 2016 12:25pm
  • Opinion

The Kenai Peninsula Borough
Assembly this week passed a resolution that puts into policy guidelines for how members of the public may be selected to give invocations before assembly meetings.

At first blush, the policy appears to be flirting with government approval of religion. However, upon closer reading, the process established in the policy upholds the stated intention to “acknowledge and express the assembly’s respect for the diversity of religious denominations and faiths represented and practiced among the residents of the borough.”

For borough residents who would like to see the invocation removed from the agenda altogether, this measure obviously falls short.

However, there are some important points included in the policy to address those concerns — most significantly, a directive that “No member or employee of the assembly will direct the public to stand, bow, or in any way participate in the prayers.” It also stipulates that the assembly agenda include a disclaimer that “Any invocation that may be offered at the beginning of the assembly meeting shall be a voluntary offering of a private person to and for the benefit of the assembly. No member of the community is required to attend or participate in the invocation.”

As for concerns to the guidelines for who can give an invocation — a member of a religious association with an “established presence in the Kenai Peninsula Borough” — we think the intent of the policy is to interpret that in the broadest sense possible. If a borough resident regularly follows the tenets of a particular religious association, wouldn’t that religion then have an established presence — regardless of whether those tenets are practiced in a traditional church?

Likewise, the use of Internal Revenue Service 501(c)(3) eligibility criteria to determine the authenticity of a religious association should a question arise is also very broad. The IRS, for constitutional reasons, has a deliberately vague definition of religion; the assembly policy is meant to prevent what are referred to as action organizations — such as political action committees — from giving an invocation. In other words, the message is intended to be spiritual, not political.

According to the policy, those who disagree with decisions on who is deemed eligible are able to bring their complaint in front of the assembly for a public hearing.

Perhaps the most important point, the policy prevents the assembly from putting any limitations on the content of an invocation, other than a request “that no invocation shall proselytize or advance any faith, or disparage the religious faith or non-religious views of others.”

Members of the assembly and clerk’s office staff also are prevented from engaging in prior review of the content of an invocation.

That part of the policy effectively prevents assembly members from insisting that an invocation be given — or not given — by members of a certain faith.

The U.S. Supreme Court has ruled the practice of an opening prayer for legislative bodies to be constitutional. In one of the cases cited in the assembly’s resolution, Town of Greece v. Galloway, the court found that “legislative prayer lends gravity to the public business, reminds lawmakers to transcend petty differences in pursuit of a higher purpose, and express a common aspiration to a just and peaceful society.”

We agree with that sentiment. We think the measure enacted by the assembly does a good job of putting those principles into policy, and we hope the assembly will do its part to ensure the policy is applied according to its stated intention, “in a way that is all-inclusive of every diverse religious association serving residents of the Kenai Peninsula Borough.”

More in Opinion

Screenshot. (https://dps.alaska.gov/ast/vpso/home)
Opinion: Strengthening Alaska’s public safety: Recent growth in the VPSO program

The number of VPSOs working in our remote communities has grown to 79

Soldotna City Council member Linda Farnsworth-Hutchings participates in the Peninsula Clarion and KDLL candidate forum series, Thursday, Sept. 5, 2024, at the Soldotna Public Library in Soldotna, Alaska. (Photo by Erin Thompson/Peninsula Clarion)
Opinion: I’m a Soldotna Republican and will vote No on 2

Open primaries and ranked choice voting offer a way to put power back into the hands of voters, where it belongs

Nick Begich III campaign materials sit on tables ahead of a May 16, 2022, GOP debate held in Juneau. (Peter Segall / Juneau Empire file photo)
Opinion: North to a Brighter Future

The policies championed by the Biden/Harris Administration and their allies in Congress have made it harder for us to live the Alaskan way of life

Shrubs grow outside of the Kenai Courthouse on Monday, July 3, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Opinion: Vote yes to retain Judge Zeman and all judges on your ballot

Alaska’s state judges should never be chosen or rejected based on partisan political agendas

A vintage Underwood typewriter sits on a table on Tuesday, Feb. 22, 2022, at the Homer News in Homer, Alaska. (Photo by Michael Armstrong/Homer News)
Point of View: District 6 needs to return to representation before Vance

Since Vance’s election she has closely aligned herself with the far-right representatives from Mat-Su and Gov. Mike Dunleavy

The Anchor River flows in the Anchor Point State Recreation Area on Saturday, Aug. 5, 2023, in Anchor Point, Alaska. (Delcenia Cosman/Homer News)
Opinion: Help ensure Alaskans have rights to use, enjoy and care for rivers

It is discouraging to see the Department of Natural Resources seemingly on track to erode the public’s ability to protect vital water interests.

A sign directing voters to the Alaska Division of Elections polling place is seen in Kenai, Alaska, Monday, Oct. 21, 2024. (Photo by Erin Thompson/Peninsula Clarion)
Vote no on Ballot Measure 2

A yes vote would return Alaska to party controlled closed primaries and general elections in which the candidate need not win an outright majority to be elected.

Derrick Green (Courtesy photo)
Opinion: Ballot Measure 1 will help businesses and communities thrive

It would not be good for the health and safety of my staff, my customers, or my family if workers are too worried about missing pay to stay home when they are sick.

A sign warns of the presence of endangered Cook Inlet beluga whales at the Kenai Beach in Kenai, Alaska, on Monday, July 10, 2023. (Jake Dye/Peninsula Clarion)
Opinion: Could an unnecessary gold mine drive Cook Inlet belugas extinct?

An industrial port for the proposed Johnson Tract gold mine could decimate the bay

Cassie Lawver. Photo provided by Cassie Lawver
Point of View: A clear choice

Sarah Vance has consistently stood up for policies that reflect the needs of our district