On 15 Apr 10, the Washington Times reported that a Wisconsin U.S. District Court Judge declare National Prayer Day unconstitutional. The report related that U.S. District Court Judge Barbara B. Crabb stated in her ruling that “the government has taken sides on a matter that must be left to individual conscience."
According to a 15 Apr 10 Huffington Post article, the President will still issue a proclamation for the next prayer day which has been held the first Thursday of May since 1988. In the conclusion of the ruling, Crabb ordered that the injunction of the court order would not be enforced until “the conclusion of any appeals filed by defendants or the expiration of defendants’ deadline for filing an appeal, whichever is later.”
According to the 15 Apr 10 Court Summary, the suite was brought by the Freedom From Religion Foundation. The summary stated, “Freedom from Religion Foundation and several of its members contend that the statute is unconstitutional because it endorses prayer and encourages citizens to engage in that particular religious exercise.”
The summary continues, “...the Court has held on many occasions that the government violates the establishment clause when it engages in conduct that a reasonable observer would view as an endorsement of a particular religious belief or practice, including prayer. On the other hand, the Court has held that some forms of 'ceremonial deism,' such as legislative prayer, do not violate the establishment clause.”
The summary later states, “It goes beyond mere 'acknowledgment' of religion because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context. In this instance, the government has taken sides on a matter that must be left to individual conscience.”
In support of her decision, Crabb noted that the National Day of Prayer was established after a speech by Billy Graham who stated, “What a thrilling, glorious thing it would be to see the leaders of our country today kneeling before Almighty God in prayer. What a thrill would sweep this country. What renewed hope and courage would grip the Americans at this hour of peril.”
Crabb noted that the next day, the National Day of Pray bill was introduced. Crabb wrote, “In support of the bill, Representative Brooks stated that 'the national interest would be much better served if we turn aside for a full day of prayer for spiritual help and guidance from the Almighty during these troublous times. I hope that all denominations, Catholics, Jewish and Protestants, will join us in this day of prayer.' Representative Peter W. Rodino, Jr., stated that 'it is fitting and timely that the people of America, in approaching the Easter season, as God-fearing men and women, devote themselves to a day of prayer in the interest of peace.'”
The First Amendment states in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;...”
That statute which was declared unconstitutional 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 and meditation at churches, in groups, and as individuals.”
Cited Articles and Posts
Washington Times (15 Apr 10)
http://www.washingtontimes.com/news/2010/apr/15/wisc-court-national-prayer-day-unconstitutional/
Huffington Post (15 Apr 10)
http://www.huffingtonpost.com/2010/04/15/national-day-of-prayer-ru_n_539549.html
United States District Court For the Western District of Wisconsin (15 Apr 10)
http://ffrf.org/uploads/legal/SummaryJudgementGeitner.PDF
