South Carolina Code 6-1-160. Authority to adopt policy to permit invocation to open meeting of public body; definitions
(1) "Public invocation" means a prayer or invocation delivered in a method provided pursuant to subsection (B) to open the public meeting of a deliberative public body. In order to comply with applicable constitutional law, a public invocation must not:
(a) be exploited to proselytize or advance any one, or to disparage any other faith or belief; or
(b) coerce participation by observers of the invocation.
(2) "Deliberative public body" includes, but is not limited to, a state board or commission; the governing body of a county or municipal government; a school district board; a branch or division of a county or municipal government; and a special purpose or public service district.
(B) A deliberative public body may adopt a policy to permit a public invocation as defined in subsection (A)(1) before each meeting of the public body, for the benefit of the public body. The policy may allow for a public invocation to be offered on a voluntary basis, at the beginning of the meeting, by:
(1) one of the public officials, elected or appointed to the deliberative public body;
(2) a chaplain elected by the public officials of the deliberative public body; or
(3) an invocation speaker selected on an objective basis from among a wide pool of religious leaders serving established religious congregations in the local community in which the deliberative public body meets. To ensure objectivity in the selection, the deliberative public body may, but is not required to, compile a list of known, established religious congregations and assemblies, and invite a "religious leader" from each congregation and assembly to give a public invocation on a first-come, first-served basis. The invitation may contain, in addition to scheduling and other general information, the following statement: "A religious leader is free to offer a public invocation according to the dictates of his own conscience, but, in order to comply with applicable constitutional law, the [name of deliberative public body issuing the invitation] requests that the public invocation opportunity not be exploited to proselytize or advance any one, or to disparage any other faith or belief; or coerce participation by observers of the invocation".
(C) In order that deliberative public bodies may have access to advice on the current status of the law concerning public invocations, the Attorney General’s office shall prepare a statement of the applicable constitutional law and, upon request, make that statement available to a member of the General Assembly or a deliberative public body. As necessary, the Attorney General’s office shall update this statement to reflect any changes made in the law. The Attorney General’s office may make the statement available through the most economical and convenient method including, but not limited to, posting the statement on a website.
(D) The Attorney General shall defend any deliberative public body against a facial challenge to the constitutionality of this act.
(E) Nothing in this section prohibits a deliberative public body from developing its own policy on public invocations based upon advice from legal counsel.