At the June 23 Board of Commissioners Work Session, one of the most thoughtful discussions centered on whether the Town of Waxhaw should begin offering an opening invocation before regular Board meetings.
Contrary to what some might assume, the discussion was not about establishing an official town prayer or endorsing any particular religion. Instead, the Board reviewed a draft policy designed to ensure that any invocation process would fully comply with constitutional requirements while giving members of the public an opportunity to participate.
Protecting Religious Freedom for Everyone
Town Attorney Matt Dillinger explained that any policy allowing an invocation must remain content-neutral and comply with both the Establishment Clause of the First Amendment and existing court precedent.
That means:
- The Town cannot favor one religion over another.
- Participation must be open to all faiths.
- The Board cannot select speakers based on their beliefs or review the content of their remarks.
- Citizens cannot be required to participate in the invocation.
The attorney emphasized that the goal is to create a fair and legally defensible process that respects everyone’s constitutional rights.
How the Draft Policy Would Work
The current draft proposes a simple volunteer process.
Residents who wish to offer an invocation would contact the Town Clerk and be placed into a rotation for upcoming regular Board meetings. If no volunteer is scheduled for a particular meeting, a Board member or staff member would voluntarily offer an invocation in those situations.
Several commissioners suggested reducing the proposed two-minute time limit to approximately one minute to keep the invocation brief and focused before beginning town business.
The Board also discussed whether participation should be limited to Waxhaw residents, although the Town Attorney indicated that additional legal research is needed before making that determination.
Learning from Court Decisions
Much of the discussion focused on avoiding mistakes made by other local governments.
The Town Attorney referenced recent North Carolina case law involving Rowan County, where an invocation practice was found unconstitutional because elected officials themselves delivered the prayers while effectively excluding participation by others.
Waxhaw’s proposed policy is intended to avoid those pitfalls by creating an open, voluntary process that allows equal access rather than government selection of religious speakers.
A Community Conversation
Commissioners expressed a desire to find an approach that reflects the values of the community while respecting constitutional protections for all residents.
Several noted that an invocation is intended to provide a brief moment of reflection before conducting the public’s business—not to promote any particular faith or viewpoint.
The discussion also reflected confidence that Waxhaw residents would approach the opportunity respectfully and responsibly.
No Final Decision Yet
No formal policy was adopted during the work session.
Town staff will revise the draft based on feedback from the Board, including:
- Shortening the suggested length of the invocation.
- Clarifying what happens if no volunteer is available.
- Researching whether a residency requirement is legally permissible.
- Refining the signup process.
The revised policy is expected to return to the Board for future consideration.
As always, public participation remains an important part of the process, and residents will have the opportunity to follow the discussion as the proposal moves forward.