TEHACHAPI, Calif. -- The debate over the separation of church and state heated up in Tehachapi on Tuesday night.

For the last few months, the Tehachapi City Council meeting has started off with an invocation prayer, but a letter sent last week from the Freedom From Religion Foundation has Tehachapi residents debating the constitutionality of saying the prayer.

Tuesday night's council meeting started with the standard Pledge of Allegiance, but unlike meetings over the last six months, no prayer.

Part of the reason why is a letter sent by the Wisconsin-based Freedom From Religion Foundation on behalf of a concerned citizen, which said, "The current practice of offering invocations during City Council meetings violates the First Amendment to the United States Constitution and California state law. The Council must take immediate action to stop this illegal practice."

"I recommended to (Councilman) Phil (Smith), who is sitting in as mayor tonight that we not have a prayer until the full council is able to meet on this tonight in closed session and give some direction to staff on how to proceed," the city attorney said.

While the council discussed the letter in closed session, the public spoke out in favor of the prayers during public comment.

Only one person spoke out against the prayer, but said it would be OK if the prayer was more inclusive.

The Foundation's letter sites several Supreme Court cases that say invocations are allowed as long as all references to "Christ" are removed, such references can be found in all invocations dating back to March when they started.

While the council looks at its options, one council member wants the public to look into the group that's threatening legal action.

"They're making schools not give scholarships to other religious colleges," Councilman Shane Reed said during the meeting. "So, this is the type of group we're dealing with and I encourage everyone to look at their site and see what we're dealing with."

Reed has also talked about the timing of the letter.

On his Facebook page he said that just a week after Councilman Stan Beckham talked about the possibility of being sued over the prayers the letter arrived.

But it was reiterated at the meeting that just because there wasn't a prayer Tuesday night doesn't mean there won't be in the future.