Federal Judge Strikes Down National Day Of Prayer Statute

[StMichael]

http://www.cnn.com/2010/CRIME/04/15/wisconsin.court.prayer/

(CNN) -- A federal judge on Thursday struck down the federal statute that established the National Day of Prayer, ruling that it violates the constitutional ban on government-backed religion.

"[I]ts sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function," a Wisconsin judge wrote in the ruling, referring to the 1952 law that created the National Day of Prayer.

"In this instance, the government has taken sides on a matter that must be left to individual conscience," wrote the judge, Barbara B. Crabb.

The injunction against the National Day of Prayer will not take effect until the defendants in the case, President Obama and White House Press Secretary Robert Gibbs, have exhausted their appeals, the decision said.

The Obama administration said in a Twitter message on Thursday that Obama intends to recognize this year's National Day of Prayer, which is May 6.

The White House press office referred a question about whether the administration would appeal the ruling to the Justice Department, where a press officer was unavailable for comment.

Conservative religious groups called on the White House to appeal the decision.

"The National Day of Prayer provides an opportunity for all Americans to pray voluntarily according to their own faith and does not promote any particular religion or form of religious observance," said Joel Oster, senior legal counsel for the Alliance Defense Fund.

Church-state separation groups, meanwhile, applauded the ruling.

"This decision is a tremendous victory for religious liberty," said the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State. "Congress has no business telling Americans when or how to pray."

The Interfaith Alliance also welcomed the ruling. "Maintaining clear boundaries between religion and government only serves to strengthen both," said the group's president, the Rev. Welton Gaddy.

One constitutional scholar doubted the case would survive an appeal to a federal circuit court.

"Judges have never been absolutists in these establishment clause cases," said Douglas Laycock, a University of Michigan Law School professor specializing in religious liberties issues. "If they were they would to tell the president to stop issuing Thanksgiving proclamations and tell the Treasury Department to take 'In God We Trust' off our money."

The lawsuit against the Obama administration was brought by the Freedom From Religion Foundation, a group based in Madison, Wisconsin.

The statute that established the National Day of Prayer calls on the president to annually designate one day, other than a Sunday, "on which the people of the United States may turn to God in prayer and meditation at churches, in groups and as individuals."

The law was amended in 1988 to designate the first Thursday in May as the annual National Day of Prayer.

The event has been celebrated more ostentatiously by Republican than Democratic White Houses, partly because it has become aligned with religious conservatives. Since 1991, the National Day of Prayer Task Force has been led by Shirley Dobson, wife of conservative evangelical broadcaster and activist James Dobson.

Shirley Dobson criticized the Obama administration last year for forgoing the White House celebrations that marked the National Day of Prayer under President George W. Bush. But Obama did issue an official proclamation designating a National Day of Prayer.

"Throughout our nation's history," Obama's proclamation read, "Americans have come together in moments of great challenge and uncertainty to humble themselves in prayer."

[StMichael]

Fatih under attack.
Our economic well being in question.
Our children's future put into doubt.

Is it me or has the devil really infiltrated everything at this point?

Here we have a real unemployment rate closer to 20%. The first lady saying our kids are too fat. And now a simple National Day of Prayer is erased by some secular judges. Devil is working overtime.

[Marie-Therese]

I at this.

Same old, same old. If people were forced at gunpoint to pray, then someone might have a case. However, recognizing a day where people across the country participate in a recognition of their religious faith (and, btw, not any one faith) doesn't impact anyone unless they choose to participate.

Praise God for our persecution! It means we're doing something right.

[ardillacid]

[quote name='StMichael' date='15 April 2010 - 10:57 PM' timestamp='1271386679' post='2094418']


[b]The Obama administration said in a Twitter message [/b]on Thursday that Obama intends to recognize this year's National Day of Prayer, which is May 6.

[/quote]
What is this country coming to?

[Marie-Therese]

[quote name='notardillacid' date='16 April 2010 - 12:23 AM' timestamp='1271391783' post='2094447']
What is this country coming to?
[/quote]

That made me LOL.

[Thy Geekdom Come]

[quote name='notardillacid' date='16 April 2010 - 12:23 AM' timestamp='1271391783' post='2094447']
What is this country coming to?
[/quote]
+1

[add]

April 15, 2010

Thursday, U.S. District Judge Barbara B. Crabb declared the National Day of Prayer unconstitutional.

It goes beyond mere 'acknowledgment' of religion because its sole purpose isto encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context,". The government has taken sides on a matter that must be left to individual conscience."

The "separation of church and state" is a myth.

This judge needs a class in constitutional law. The Constitution prohibits Congress from establishing a national religion and guarantees every citizen the right to practice whatever religion they want. Since "The National Day of Prayer" proclamation does not require anyone to pray in the manner of any specific religion, it does not violate the Constitution.

Read the constitution. It says government can't force any religion on us. Also says government can't keep us from practicing any religion we want or none at all.

[color="#ff00ff"][b][size="4"]The Continental Congress called for a Day of Prayer in 1775 asking the colonists for "a time for prayer in forming a new nation." That nation was ... the United States of America.[/size][/b][/color]

[Fidei Defensor]

[quote name='Marie-Therese' date='15 April 2010 - 10:21 PM' timestamp='1271391688' post='2094446']
I at this.

Same old, same old. If people were forced at gunpoint to pray, then someone might have a case. However, recognizing a day where people across the country participate in a recognition of their religious faith (and, btw, not any one faith) doesn't impact anyone unless they choose to participate.

Praise God for our persecution! It means we're doing something right.
[/quote]
No, the judge is correct. No one is forcing anyone to pray, but it's still a governmental backed day of an inherently religious activity. No one is prohibiting you from praying but the government has no right to set aside a day and recognize it as a day to pray because that is establishing a religious activity which is prohibited by the Constitution.

[Fidei Defensor]

[quote name='apparently' date='18 April 2010 - 07:28 AM' timestamp='1271597294' post='2095598']
April 15, 2010

Thursday, U.S. District Judge Barbara B. Crabb declared the National Day of Prayer unconstitutional.

It goes beyond mere 'acknowledgment' of religion because its sole purpose isto encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context,". The government has taken sides on a matter that must be left to individual conscience."

The "separation of church and state" is a myth.

This judge needs a class in constitutional law. The Constitution prohibits Congress from establishing a national religion and guarantees every citizen the right to practice whatever religion they want. Since "The National Day of Prayer" proclamation does not require anyone to pray in the manner of any specific religion, it does not violate the Constitution.

Read the constitution. It says government can't force any religion on us. Also says government can't keep us from practicing any religion we want or none at all.

[color="#ff00ff"][b][size="4"]The Continental Congress called for a Day of Prayer in 1775 asking the colonists for "a time for prayer in forming a new nation." That nation was ... the United States of America.[/size][/b][/color]

[/quote]
Wrong. Establishing a National day of Prayer is a Government backed day of inherently religious activity, which falls under the first amendment. Saying that it's unconstitutional doesn't keep you from practicing, it keeps the government from institutionally endorsing religious activity.

[Saint Therese]

That's not what the Constitituon says, tho FD. It says"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". The amendment doesn't say anything about endorsing religious activity. The National Day of Prayer does not in any way establish a institutional religion, since people of all Faiths are welcome to participate, or not.
And since people are free to not participate, or ignore it altogether it can hardly be said to be prohibiting the free exercise of religion.

[Marie-Therese]

[quote name='fidei defensor' date='18 April 2010 - 03:22 PM' timestamp='1271618579' post='2095692']
No, the judge is correct. No one is forcing anyone to pray, but it's still a governmental backed day of an inherently religious activity. No one is prohibiting you from praying but the government has no right to set aside a day and recognize it as a day to pray because that is establishing a religious activity which is prohibited by the Constitution.
[/quote]

This is where most people's understanding of church and state goes wrong. The Constitution does not in any way prohibit a govermentally recognized religious activity. What the Constitution DOES is to prohibit the institution of a State religion. Nor does the "separation of church and state" appear in the Constitution...it was a topic from the Federalist papers.

Quoting from my handy pocket Constitution:

[i]Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...[/i]

People erroneously argue that this means that the Federal Government can in no way participate in any religiously-oriented activity. Wrong. What it means is that there cannot be a Church of the United States. A day endorsing the concept of prayer, which has no organized activities associated with it and is in no way compulsory, is a far cry from some religious overtaking of the government. Case after case has shown precedent that religiously themed activities (i.e. Congressional chaplains opening sessions with prayer, having 'In God We Trust' on the monies) have been upheld.

There is a big difference in freedom of religion and freedom FROM religion. While we celebrate the former, people mistakenly expect the latter.

[Fidei Defensor]

[quote name='Saint Therese' date='18 April 2010 - 01:34 PM' timestamp='1271619271' post='2095698']
That's not what the Constitituon says, tho FD. It says"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". The amendment doesn't say anything about endorsing religious activity. The National Day of Prayer does not in any way establish a institutional religion, since people of all Faiths are welcome to participate, or not.
And since people are free to not participate, or ignore it altogether it can hardly be said to be prohibiting the free exercise of religion.
[/quote]


[quote name='Marie-Therese' date='18 April 2010 - 01:36 PM' timestamp='1271619375' post='2095699']
This is where most people's understanding of church and state goes wrong. The Constitution does not in any way prohibit a govermentally recognized religious activity. What the Constitution DOES is to prohibit the institution of a State religion. Nor does the "separation of church and state" appear in the Constitution...it was a topic from the Federalist papers.

Quoting from my handy pocket Constitution:

[i]Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...[/i]

People erroneously argue that this means that the Federal Government can in no way participate in any religiously-oriented activity. Wrong. What it means is that there cannot be a Church of the United States. A day endorsing the concept of prayer, which has no organized activities associated with it and is in no way compulsory, is a far cry from some religious overtaking of the government. Case after case has shown precedent that religiously themed activities (i.e. Congressional chaplains opening sessions with prayer, having 'In God We Trust' on the monies) have been upheld.

There is a big difference in freedom of religion and freedom FROM religion. While we celebrate the former, people mistakenly expect the latter.
[/quote]
Where you go wrong, however, is that it's the job of judges and the judicial branch to interpret the Constitution. If you take issue, become a judge and do something about it. Otherwise, too bad, so sad.

[CatherineM]

"It serves no secular purpose." That's what's wrong with our society.

[Saint Therese]

What a brilliant, well thought out and persuasive argument.

[add]

[quote name='fidei defensor' date='18 April 2010 - 04:24 PM' timestamp='1271618695' post='2095695']
Wrong. Establishing a National day of Prayer is a Government backed day of inherently religious activity, which falls under the first amendment. Saying that it's unconstitutional doesn't keep you from practicing, it keeps the government from institutionally endorsing religious activity.
[/quote]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

prayer is not a religion
prayer is a free exercise