National Day of Prayer is Legal, Says Seventh Circuit Court
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
Published by Sheryl Young - Featured Contributor in Politics
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35 Comments
Post a CommentGreat article
Thank heavens the courts finally realized that there is no constitutionally protected right not to be offended! Groups like the ACLU are completely out of control... now they are trying to outlaw circumcision! Besides I seem to remember the First Amendment saying they can make no law concerning religion... that's all it says about separation of church and state.
Thank God. Our country needs all the prayers it can get.
With a thankful heart and a mouth filled with praise... :)
Everyone has the right to pray, as long as it doesn't cause problems or shut down a city for hours it should be allowable.
Excellent!
Let's face it. Most people in this country believe in God in one form or another. As long as the Day of Prayer isn't religion-specific I see no problem in it & in fact am very happy to see it finally "legalized". Been a long time coming. Thanks for the news.
I was a first year middle school teacher of history and English the year Pres. Reagan declared National Prayer Day. My students wrote individual letters to him regarding that action. Unexpectedly, Reagan sent a thank you letter to the class. They'd all be around 40 years old now. I wonder if they remember how surprised and excited they were in receiving that acknowledgment from the US President?
The "Freedom From Religion Foundation" is a joke. Even their name is a joke. Freedom of religion just means that the government cannot enforce a particular religion (or lack of it). You are not forced to participate in prayer if you don't want to. It does NOT mean that we have to bend over backwards to shield the non-religious from any religion. Being "offended" is not unconstitutional. You don't wanna pray? Then don't pray. I'm not religious either, but I'm not offended by those who are... well, except for those that like to shoot people or blow things up, but that's besides the point.
Great job!