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

On National Day of Prayer, lawsuit seeks to abolish National Day of Prayer

Today is the National Day of Prayer in a nation that allegedly treasures the separation of church and state. This incongruence motivated a lawsuit by Freedom From Religion Foundation. The federal suit was filed while the Bush Administration was in power, but it continues to be pursued today. Here's the problem in a nutshell:

"Exhortations to pray in official Presidential proclamations do not constitute ceremonial deism solemnizing some other occasion," the Foundation asserts, but "constitute an end in itself intended to promote and endorse religion."

In an article posted today, FFRF explains further:

"Prayer proclamations not only violate the separation between church and state, but offend reality, by suggesting we can suspend of the natural laws of the universe through wishful thinking," notes Foundation co-president Annie Laurie Gaylor.

The Foundation and the freethought movement have long suggested a National Day of Reason.

"Congress ought to repeal this law and substitute a National Day of Service," Gaylor added. "That would be constitutional and, equally important, it would be useful! Prayer is a cop-out. If humans want to improve the world, we need to take action, not slavishly beg a supernatural power to do our work for us."

Freethinkers believe in deeds, not creeds, said Barker. Noted 19th century freethinker/attorney Robert Green Ingersoll famously wrote: "The hands that help are better far than lips that pray."

Here is a copy of the Complaint filed by FFRF.

Continue ReadingOn National Day of Prayer, lawsuit seeks to abolish National Day of Prayer