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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Hundreds of known innocent men imprisoned at Guantanamo

As reported by the UK Times Online Colonel Lawrence Wilkerson, who served as Colin Powell's Chief of Staff has confirmed that most of the men imprisoned at Guantánamo were innocent, and that the Bush Administration knew this. Most of them were taken into custody without ever having had their cases reviewed by a member of the U.S. military, and most of them were turned over to the U.S. by others in return for reward money ranging from $3,000 to $25,000:

Referring to Mr Cheney, Colonel Wilkerson, who served 31 years in the US Army, asserted: “He had absolutely no concern that the vast majority of Guantánamo detainees were innocent ... If hundreds of innocent individuals had to suffer in order to detain a handful of hardcore terrorists, so be it.” He alleged that for Mr Cheney and Mr Rumsfeld “innocent people languishing in Guantánamo for years was justified by the broader War on Terror and the small number of terrorists who were responsible for the September 11 attacks”.

Though many of the prisoners were immediately known to be innocent, the Bush Administration kept them imprisoned so as not to hurt its image as being tough on the "War on Terror." The innocence of almost all of these prisoners compounds the evidence that many of them were tortured and at least several of them were murdered while in U.S. custody. 759 men were imprisoned at Guantanamo. Only about 35 of them will be prosecuted in federal or military courts. Fifty others will be "held indefinitely without trial under the laws of war."

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Garrison Keillor: Put them to work.

Garrison Keillor, not known for his conservatism, wonders why the government is not putting people to work:

It's the conservative in me that wishes we had an old-fashioned government jobs program, such as FDR's Works Progress Administration, which hired unemployed people to work to build roads, libraries, public toilets, hiking trails, tens of thousands of small useful projects. (When my dad saw the initials WPA on the cornerstone of a building, he said it stood for "We Poke Along," but he could afford to be disdainful since he'd been hired after high school by his uncle Lew to pump gas at Lew's Pure Oil station.) My inner conservative thinks unemployment is wasteful and damaging to the spirit -- 15 million unemployed, many more underemployed -- a disaster, a blight upon the land. Intolerable. Work is redemptive.

I often wonder why we are paying out unemployment benefits without asking recipients to do something in return. There a lot of work that the government needs done; can't some of this work be done in return for unemployment benefits? How about cleaning up vacant lots and parks? How about tutoring children how to read? How about helping the military with some of the non-combat related tasks that it needs to get done domestically? I realize that many jobs are specialized, and that you can't just throw anyone into many types of jobs, especially for short periods of a few weeks or months. And I despise the idea of make-work, forcing people do things that aren't productive in return for a check. But can't the taxpayers get something in return for some of those unemployment benefits, at least in some cities, some of the time? I do agree with Keillor that at least some kinds of work can be redemptive--and most adults I know are out there dragging themselves out of their cozy houses to do some sort of work. I don't think of meaningful work as punishment, but perhaps that's where I differ with those who think that Keillor's idea is cruel.

Continue ReadingGarrison Keillor: Put them to work.