St. George • Washington City is no longer facing potential legal fallout over a City Council member’s plea on the municipal website and in its newsletter for residents to seek the Savior during the holidays.
In December, council member Kimberly Casperson posted a message in the Council’s Corner on the city’s website urging residents to “celebrate the birth of Jesus Christ and the light and peace he gives to all” and instructing them “to seek him, and he will walk beside us and lift us in our difficulties.”
Casperson’s missive, which also appeared in the city newsletter residents received with their utility bill, raised few eyebrows in Washington City, where most residents are members of The Church of Jesus Christ of Latter-day Saints. It did, however, raise the hackles of the Americans United for the Separation of Church and State, which informed city officials the Christmas message violated the separation of church and state and the U.S. and Utah constitutions.
To rectify the problem, the Washington-based nonprofit asked the city to take down the offending message and to ensure similar messages are not sent out in the future. If the city did not respond in 30 days, the organization warned, it would consider taking further action.
This week, Americans United officials told The Salt Lake Tribune that Washington City Attorney Thad Seegmiller called Kalli Joslin, constitutional litigation fellow for the nonprofit, on Jan. 25 to inform her the city had taken down the message and would strive to avoid any further issues.
“We understand the city is going to be taking steps to inform council members about the requirements of the law and review messages in the future before they are posted to make sure there are no legal issues associated with them,” said Alex Luchenitser, the organization’s associate vice president and interim legal director.
Council members take turns writing the monthly messages. Casperson’s Christmas post actually expired at the end of December and was replaced with a new message from a different council member in January. Even so, Americans United officials say they are satisfied with the city’s response.
Said Luchenitser: “We’re pleased with the city’s efforts and plans to respect the Constitution and separation of religion and government and to comply with the law in the future.”
Washington City Mayor Kress Staheli declined to comment on what steps the city is taking to avoid further problems, other than to state via email that “Washington City considers the issue resolved.” Attorney Seegmiller could not be reached for comment about details of the resolution.
When questioned about Casperson’s message in December, Jordan Hess, legislative affairs director for the city, defended her right to exercise her First Amendment rights, saying “elected officials don’t lose their right to free speech once they are elected to office.
“So [Casperson] felt it appropriate to share her thoughts about the Christmas season and the reason she celebrates Christmas,” Hess continued, adding, “most residents would welcome that type of message in Washington City.”
Conversely, Americans United officials took a decidedly different stance when responding to the city’s assertions.
“Government officials should never promote or express a preference for a particular religion or proselytize any religion … ‚” Luchenitser told The Tribune in December. “It’s not the business of public officials to tell people they should follow Jesus Christ. [Casperson] has a right as a council member to believe and practice any religion she wants. But, as a public official, she should not be pushing her religion on her constituents.”
For her part, Casperson defended her actions, stating in an email that the city respects people of all faiths and “invites leaders from many different religious groups to offer a prayer or share their thoughts and religious expressions” before City Council meetings.
Casperson could not be reached for comment about the resolution.
Despite city officials’ silence about the issue and how they aim to avoid further church-state violations, Americans United officials say they are pleased with the assurances they have received.
“We will certainly keep an eye on the city,” Luchenitser said. “If there are any [similar] postings or conduct, we would have to reopen the matter. But given the response we received, we are optimistic that this has been resolved and the city is going to do the right thing going forward.”
