The National Day of Prayer has been declared legal in a U.S. federal court, rejecting the latest claim to its illegality.
The National Day of Prayer is held in the United States on the first Thursday of every May (for 2011, it is May 5). The Freedom From Religion Foundation was the latest claimant to bring a lawsuit against a national day devoted to prayer as violating the establishment clause in the First Amendment because of "separation of church and state."
On April 14, the Seventh U.S. Circuit Court of Appeals ruled that the Freedom From Religion Foundation failed to meet a required burden of proof showing that any actual harm had been caused by the National Day of Prayer.
The Freedom From Religion Foundation won its suit in a lower district court when Justice Barbara Crabb declared it was unconstitutional for the federal government to observe a day of prayer. After that ruling in 2010, the U.S. Justice Dept. announced it would contest the decision.
The case was appealed to federal level by National Day of Prayer organizers and supporters. According to attorneys from the Liberty Institute in a press release, the amicus brief was filed on behalf of as many as 28 family policy councils, the American Civil Rights Union (ACRU), the groups "Let Freedom Ring," "Citizenlink" and others.
The Seventh Circuit Court overturned Crabb's decision because a presidential proclamation that people can pray on a certain day doesn't mean the federal government is observing the day or forcing people to observe the day.
The Seventh Circuit Court ruling in Freedom From Religion Foundation v Obama includes these points (paraphrased and found between pp. 2-6):
* A U.S. president has the right to declare national days and the national day of prayer has historic value as being declared by many presidents;
* Congress codified a day of prayer that states: "The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer ..."
* Cites President Abraham Lincoln's second inaugural address: "Fondly do we hope, fervently do we pray ..." and that to claim these words harm somebody is preposterous;
* Cites the dismissed Michael Newdow cases against the phrase "In God We Trust" for lack of standing and lack of proof of injury;
* And states that a perceived slight [hurt feelings] is not enough to strike down public prayer.
The case bears the name of President Obama because the National Day of Prayer is issued each year by presidential proclamation. President Obama proclaimed the day again in 2010, but did not sponsor a public event. It remains to be seen what he will do this year.
Sources:
Freedom from Religion Foundation v Obama, Seventh U.S. Circuit Court decision.
"Lawsuit Against National Day of Prayer Dismissed," Liberty Institute, 4/14/11.
"Court on National Day of Prayer...it's a go," Charlie Butts, One News Now, 4/15/11
There are no comments yet