Federal Judge rules National Day of Prayer statute unconstitutional

[Locutus]

MADISON, Wis. (AP) — A federal judge in Wisconsin ruled the National Day of Prayer unconstitutional Thursday, saying the day amounts to a call for religious action.

U.S. District Judge Barbara Crabb wrote that the government can no more enact laws supporting a day of prayer than it can encourage citizens to fast during Ramadan, attend a synagogue or practice magic.

"In fact, it is because the nature of prayer is so personal and can have such a powerful effect on a community that the government may not use its authority to try to influence an individual's decision whether and when to pray," Crabb wrote.

Congress established the day in 1952 and in 1988 set the first Thursday in May as the day for presidents to issue proclamations asking Americans to pray. The Freedom From Religion Foundation, a Madison-based group of atheists and agnostics, filed a lawsuit against the federal government in 2008 arguing the day violated the separation of church and state.

President Barack Obama's administration has countered that the statute simply acknowledges the role of religion in the United States. Obama issued a proclamation last year but did not hold public events with religious leaders as former President George W. Bush had done.

Crabb wrote that her ruling shouldn't be considered a bar to any prayer days until all appeals are exhausted. U.S. Justice Department attorneys who represented the federal government in the case were reviewing the ruling Thursday afternoon, agency spokesman Charles Miller said. He declined further comment.

Obama spokesman Matt Lehrich said in an e-mail to The Associated Press the president still plans to issue a proclamation for the next prayer day.

"As he did last year, President Obama intends to recognize a National Day of Prayer," Lehrich said.

The American Center for Law and Justice, which represented 31 members of Congress who joined the federal government as defendants, called Crabb's ruling flawed and promised to appeal.

"It is unfortunate that this court failed to understand that a day set aside for prayer for the country represents a time-honored tradition that embraces the First Amendment, not violates it," ACLJ Chief Counsel Jay Sekulow said in a statement.

The Alliance Defense Fund, an Arizona-based group of Christian lawyers, issued a statement saying Crabb's ruling undermines American tradition dating back to the nation's birth.

Freedom From Religion Foundation attorney Richard Bolton didn't immediately return a message seeking comment.

Crabb wrote that her ruling was not a judgment on the value of prayer. She noted government involvement in prayer may be constitutional if the conduct serves a "significant secular purpose" and doesn't amount to a call for religious action. But the National Day of Prayer crosses that line, she wrote.

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

http://www.usatoday.com/news/religion/2010-04-15-prayer-day_N.htm

[Locutus]

Now watch all the Dobson's, Robertsons, and others get their panties in a wad over this one. 

[pariann]

I don't see what the deal is, honestly.  It's just a day.....there are no consequences if people choose not to acknowledge it.   

What's next...Mothers day, fathers day?  Because it offends those who never became parents?   Just sayin.....

[Locutus]

I don't see what the deal is, honestly.  It's just a day.....there are no consequences if people choose not to acknowledge it.   

What's next...Mothers day, fathers day?  Because it offends those who never became parents?   Just sayin.....

Apples and oranges.   

[pariann]

uh....maybe.....but let me reach here.  In the 10 commandments, a religious list (yes?), it says to honor your mother and father.  The government made a national holiday for each of them...to do just that.  Atheists could just as easily make that reach and lodge their complaint, yes?

[Locutus]

uh....maybe.....but let me reach here.  In the 10 commandments, a religious list (yes?), it says to honor your mother and father.  The government made a national holiday for each of them...to do just that.  Atheists could just as easily make that reach and lodge their complaint, yes?

Not one with a lick of sense. 

[pariann]

You can find a LOT of those...in every belief or non-belief system.

[Henry Hawk]

I will lay out my 2 cents on this:

First of all, nothing surprises me anymore when it comes to attacking anything that is considered religious in this day and time...

Second, this ruling will do nothing to harm those who believe in the power of prayer and recognize it's significance.

Third, I find it sad... that our forefathers with the first Continental Congress, called for a National Day of Prayer
in 1775....they realized how significant this day was.....
Abraham Lincoln realized the magnitude of this day when he called for such a day...
There have been 135 national calls to prayer, humiliation, fasting and thanksgiving by the President of the United States since 1789 through 2009...THEY all realized the significance...
There has been 57 Presidential Proclamations for a "National Day of Prayer" ....
33 of the 44 U.S. Presidents have signed proclamations for National Prayer.....Four of the Presidents who did not sign a proclamation died while serving in office....not sure if they realized it's significance...

but, yet THIS POTUS fails to find any significance of it...........just sayin....it does NOT surprise me what so ever...

finally, it could be argued, and probably will be.....but I am okay with it, because like I said earlier, it doesn't change anything, there still will be a "day of prayer" coming up next month....

and just one more personal thought, I as a Christian believe it truly IS significant and a vital part of our heritage of this nation....and I am in good company....I can live with that...

[Locutus]

but, yet THIS POTUS fails to find any significance of it...........just sayin....it does NOT surprise me what so ever...

What does Obama have to do with it?  If you read the article, the Obama administration is the defendant in the case. 

[Locutus]

Caption:  Dear government, please bless my godly petition

[Henry Hawk]

What does Obama have to do with it?  If you read the article, the Obama administration is the defendant in the case. 

He canceled the ceremony for the National Day of Prayer at the White House last year....I guess things being unconstitutional doesn't bother him anyway...   (rimshot)

I have made some assuptions, we will see what he does....

[Locutus]

Now here's an interesting perspective from a Christian, who says that the National Day of prayer should just be let go.  If all religious people were more like him, rather than ones who have to have the government validate their religion, the world would definitely be a better place.  Kudos to this gentleman.





Now that a federal judge has struck down the 1952 federal law establishing a National Day of Prayer, Christians are presented with a golden opportunity – to shrug their shoulders and say, "Who cares?"

That's probably not what most "Christian leaders" will do, but it's what all should.

The Christian community has become far too fixated, especially during the era of instant mass media, on seeking government endorsement and approval of everything we hold dear.  That, as Solomon would have said, is meaningless – a chasing after the wind. And we waste our time and twist ourselves like pretzels in the pursuit of it.

Now you will find few writers who are as convinced as I am of the power of prayer. Not only is prayer valuable because God does listen and does answer prayers, it's also good for the person praying because it cements a closer relationship with God, which makes the power of the Holy Spirit that much more intense in your life. The result of that is that you are more effective at everything you do in life.

This is not to endorse any Joel Osteen-type nonsense about how people with a good attitude toward God will necessarily be blessed with spiritual riches. This is a fallen world and you are going to have problems in it, maybe financial ones. But staying close to God gives you more power and effectiveness to deal with these problems, and makes you less likely to add further, self-inflicted problems to the ones that are unavoidable as a consequence of living.

So yeah. Pray. Everyone. Only good things can come of it.

But we don't need the federal government declaring a "National Day of Prayer," and there are some serious drawbacks to seeking one.

For one thing, any such national day must by constitutional mandate be non-sectarian. Why do Christians want prayer watered down so as to satisfy the watchful eye of federal judges?

The same problem applies to the movement to promote prayer in public schools. You don't want public school teachers leading them, because if that's part of their job, you know the prayers are going to be insincere and largely devoid of meaning. And "silent" prayer as an alternative? There's nothing stopping you from doing that any minute of the day that you want, anyway. Do you think it somehow makes the prayer more special because your teacher gave you permission to be quiet for a few seconds? Your teacher probably wishes you would do that more often as it is.

As Christians go to court to try to reverse this ruling, they will argue that the National Day of Prayer is constitutional because it doesn't constitute an endorsement of Christianity or any other particular faith. And if that argument proves true, then what good are the prayers? Why are we fighting for the right have the government put its hand on our heads and bless our meaningless prayers?

The government is not the partner of the people of God in the work of God's kingdom. It is a secular necessity allowed by God, but not seen as one of the tools of his eternal purposes. When Christians desire so strongly to have government approve of their prayerfulness, you have to wonder if Christians have turned government into a mini-god of its own.

The other big problem with the so-called National Day of Prayer is that it implies we're doing fine as long as we all pray on a given day. Serious Christians know that we are instructed to pray without ceasing. Every day is supposed to be your day of prayer. Even a bunch of people do pray at the government's behest on a given day (and the over/under on people who will do that is approximately seven), what would be the value of this?

If Christians want others to see the value of prayer, here's a better idea: Rather than have a National Day of Prayer where the government tells us all to pray, spend your time praying for the needs of other people, and let them know you're doing it. Sincerely taking an interest in the well-being of others, and taking their needs to God, is a much better way to demonstrate the power of prayer than going back to court to try to get the government's blessing to seek God's blessing.

That's what "Christian leaders" should do. They won't. But they should.

http://www.northstarnational.com/2010/04/16/judge-kills-national-day-prayer-hey-christians-buried/

[Henry Hawk]

I can go along with that..........It really doesn't bother me one way or the other....because, Like I said there will still be a National day of prayer despite if it is recognized by the POTUS or not....but, I do find it inspiring when a POTUS makes a stand to recognize it's significance...that's all I am saying.

[Anne]

IMO, it has been there for 50+ years. Hasn't hurt anyone, won't hurt anyone, doesn't cost anyone any money. Seems like a waste of time and money to make a deal over it. It doesn't matter to me as far as religion/no religion goes,  just why waste time and money when there are a lot of more important things to settle in the Supreme Court for crying out loud.

[pariann]

That's pretty much what I meant when I asked why it was just a big deal.