Federal Court rules that the “National Day of Prayer” violates the First Amendment Establishment Clause

Yesterday, I received an email from the Center For Inquiry indicating that, in 2008, Freedom From Religion Foundation had filed a lawsuit (Freedom from Religion Foundation, Inc v. Obama) to prevent the federal government from declaring a “National Day of Prayer.” The U.S. District Court, Judge Barbara B. Crabb of the Western District of Wisconsin, struck down 36 U.S.C. §119, which establishes a yearly National Day of Prayer. Here’s the text of the statute:

The President shall issue each year a proclamation designating the first Thursday in May as 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.

As discussed in the Court’s Opinion, the National Day of Prayer was established in part, due to the efforts of Reverend Billy Graham in 1952. One of Graham’s speeches included the following:

We have dropped our pilot, the Lord Jesus Christ, and are sailing blindly on without divine chart or compass, hoping somehow to find our desired haven. We have certain leaders who are rank materialists; they do not recognize God nor care for Him; they spend their time in one round of parties after another. The Capital City of our Nation can have a great spiritual awakening, thousands coming to Jesus Christ, but certain leaders have not lifted an eyebrow, nor raised a finger, nor showed the slightest bit of concern. Ladies and gentlemen, I warn you, if this state of affairs continues, the end of the course is national shipwreck and ruin.

Congress then took the reins, lead by [appropriately named] Representative Percy Priest, who introduced a bill to establish a National Day of Prayer. Here is the Court’s description:

In addressing the House of Representatives, he noted that the country had been “challenged yesterday by the suggestion made on the east steps of the Capitol by Billy Graham that the Congress call on the President for the proclamation of a day of prayer.” 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 Court added a footnote: "This part of the report is not accurate. 1 Marsh v. Chambers, 463 U.S. 783, 787(1983) (“[P]rayers were not offered during the Constitutional Convention.”] I downloaded the entire ruling from the federal district court in pdf format and I’m making it available here. The Plaintiff argued that Plaintiff the statute is unconstitutional “because it endorses prayer and encourages citizens to engage in that particular religious exercise.” [More . . . ]

Continue ReadingFederal Court rules that the “National Day of Prayer” violates the First Amendment Establishment Clause

People Are Idiots. A Cynical Observation

The video below from TED is chilling in many ways. Michael Specter touches on observations about the resistance people have toward anything that seems to threaten their hobbit-hole view of the world. A little of this, as he rightly points out, is fine, even agreeable, but when it burgeons into matters that threaten lives and seek to derail all that has made this present era as wonderful as it is---and it must be stressed, in the face of overwhelming negative press, that we are living in a magnificent period of history---then it loses whatever quaint appeal it might otherwise have. We respect the Amish, but they don't tell the rest of us how to live and try their level best to be apart from the world they disapprove. When you see people filing lawsuits with the intent to halt necessary, beneficial progress because they have bought into some bogeyman horror movie view of science or politics or morality, it behooves us to come to terms with a fundamental reality with which we live today. First, though, the video. Watch this, then read on. Okay, what reality? That many people are just idiots. I cannot think of a more tasteful way to phrase it. But when you consider the list, justifications and rationalizations fade. The Tea Party. The Anti-vaccine Movement. The Birthers. Young Earth Creationists. Medjugorje. Deepak Chopra. PETA. Free Market Capitalism. Global Warming Deniers. Holocaust Deniers. Abstinence-Only. Just Say No. The Shroud of Turin. Astrology. Texas Board of Education. Evolution Deniers. Frankenfood Protesters. Homeopaths. Herbalists. Psychics. Scientology. I could go on. [more . . . ]

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We’ve got serious problems

The United States is faced with dozens of serious issues. It would seem that our so-called news media wouldn't have have time to rev up deep-seated xenophobia to score cheap political points. Here's John Stewart taking FOX "News" to task:

The Daily Show With Jon StewartMon - Thurs 11p / 10c
A Farewell to Arms
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Continue ReadingWe’ve got serious problems

The Long Road To Papal Self Destruction

The legal back-and-forth over the Vatican’s position on the sexual abuse revelations seems to Americans bizarre. While certainly the Catholic Church has a large contingent, we are a traditionally Protestant nation and after ditching the Anglican’s after the Revolution, the whole question of a Church being able to deny the right of civil authority to prosecute one of its representatives for criminal acts was swallowed up in the strident secularism that, despite the current revisionist rhetoric of a very loud activist minority, characterized the first century of the Republic. Even American Catholics may be a be fuzzy on how the Vatican can try to assert diplomatic immunity for the Pope in order to block prosecutorial efforts. But the fact is, the Vatican is a State, just like Italy, Switzerland, Germany, or the United States. The Pope is the head of a political entity (technically, the Holy See, but for convenience I use the more inclusive term Vatican), with all the rights and privileges implied. The Vatican has embassies. They have not quite come out to assert that priests, being officials (and perhaps officers) of that state, have diplomatic immunity, but they have certainly acted that way for the past few decades as this scandal has percolated through the halls of St. Peter. It would be an interesting test if they did, to in fact allow that attorneys generals, D.A.s, and other law enforcement agencies have absolutely no legal grounds on which to prosecute priests. To date, the Vatican has not gone there. So what is the political relationship between, say, the Vatican and the United States? From 1797 to 1870, the United States maintained consular relations with the Papal States. We maintained diplomatic relations with the Pope as head of the Papal States from 1848 to 1868, though not at the ambassadorial level. With the loss of the Papal States in 1870, these relationships ended until 1984, although beginning in 1939 a number of presidents sent personal envoys to the Holy See for specific talks on various humanitarian issues. Diplomatic relations resumed January 10, 1984. On March 7, 1984, the Senate confirmed William A. Wilson, who had served as President Reagan’s personal envoy from 1981, as the first U.S. ambassador to the Holy See. The Holy See in turn named Archbishop Pio Laghi as the first Apostolic Nuncio (equivalent to ambassador) of the Holy See to the U.S. The Pope, as head of the governmental body—the Holy See—has the status of head of state. Arresting the Pope—even issuing a subpoena—is a problematic question under these circumstances, as he would technically enjoy immunity stemming from his position. The question, however, more to the point is the overall relationship of the global Church to the Vatican and the prerogatives the Pope and the Holy See seem to believe they possess in the matter of criminal actions and prosecutions of individual priests, bishops, even archbishops. That requires going back a long time. At one time, the Holy Roman Church held secular power and controlled its own territories, known as the Papal States. When this “country” was established is the subject of academic study, but a clear marker is the so-called Donation of Pepin. The Duchy of Rome was threatened materially by invading Lombards, which the Frankish ruler Pepin the Short ended around 751 C.E.

Continue ReadingThe Long Road To Papal Self Destruction

We need a monarch.

I hate to sound like a Tea-Party nutbag, but I really love the United States' Constitution. As I've mentioned before, I'm a free-speech fanatic. I love the Constitution's sharp focus on individual liberties, its emphasis on the rights of the accused, and that grade-school-civics favorite, the checks and balances of power. I despair when these ideals meet real-life sacrifices, especially glaring ones like, oh, the utter lack of Congressional declarations of war since WWII. I also don't like to sully the document's purity with excessive amendments, interpretations and adaptations. No Defense of Marriage Amendment, please, but while you're at it, no marriage at all (it violates the establishment clause, you see). But don't call me a Scalia-esque strict constructionist. If I could, I would copy-edit the otherwise brilliant Constitution and correct a centuries-old omission with no qualms: I would give the United States a monarch. It probably seems unamerican, undemocratic and all-around anti-freedom-y to propose that we foist an unquestioned figure to the crown of government. It probably sounds old-fashioned, all uppity and needlessly symbolic and European. I know it does. It's exactly my point.

Continue ReadingWe need a monarch.