25-3480 Repealing Policy Regarding Open Invocations Before City Commission Meetings

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RESOLUTION 25-3480 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, REPEALING RESOLUTION 15-2808 WHICH ESTABLISHED THE CITY COMMISSION POLICY AND PROCEDURES REGARDING OPENING INVOCATIONS BEFORE MEETINGS OF THE CITY COMMISSION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution 15-2808 on December 14, 2015, which established the City Commission policy and procedures regarding opening invocations before meetings of the City Commission; and WHEREAS, Resolution 15-2808 expressed the City Commission's wishes at the time to solemnize its proceedings with an opening invocation before each meeting for the benefit and blessing of the City of Casselberry; and WHEREAS, the opening of legislative sessions with prayer is deeply embedded in the history and tradition of the country, but requires much effort to ensure that, over time, the invocations offered do not denigrate nonbelievers or religious minorities, proselytize, or preach conversion; and WHEREAS, to ensure a neutral system of invitations to religious and nonreligious leaders from the local community and volunteers, the City Clerk has been required to compile and maintain a database from a "broad and diverse pool of volunteer invocation speakers from leaders of any and all local religions, denominations, faiths, creeds, and beliefs, including but not limited to, ministers, priests, chaplains, rabbis, deacons, clerics, and the like," and has been required to research and expend staff time to ensure the proper execution of the policy; and WHEREAS, the City Commission believes that a moment of silence will sufficiently solemnize the Commission's proceedings and allow the City Commission and all members of the community attending the meeting to reflect upon their own religious or nonreligious beliefs as desired, remind themselves to transcend differences in pursuit of a higher purpose, reflect on common aspirations for a just and peaceful society, and/or to remember those persons that have made sacrifices for their country and community, without burdening city staff with adhering to the existing invocation policy; and WHEREAS, in Gundy v. City of Jacksonville, Fla., 50 FAt" 60 (11t" Cir. 2022), the United States Court of Appeals for the Eleventh Circuit concluded that a pastor's prayer invocation at a city council meeting constitutes "government speech" rather than "private speech" and, accordingly, the right to give invocations and the content of the invocation is not protected by the Free Speech or Free Exercise Clauses of the First Amendment of the United States Constitution; and WHEREAS, further, in Gundy as well as other cases regarding "govermnent speech," including Mech v. School Bd. Of Palm Beach County, Fla., 806 F.3d 1070 (1 It" Cir. 2015), the