36 USC CHAPTER 1 – PATRIOTIC AND NATIONAL OBSERVANCES
Sec. 119. National Day of Prayer
-STATUTE-
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.
A Wisconsin federal judge on Thursday found the National Day of Prayer unconstitutional, saying it violates the First Amendment prohibition against laws respecting an establishment of religion.
The decision by U.S. District Judge Barbara B. Crabb of the Western District of Wisconsin was a victory for the Madison-based Freedom From Religion Foundation.
The group had sued the Bush and later Obama administrations in an effort to block the presidents from making their annual proclamations inviting Americans to set aside a day for prayer or meditation.
Anne Laurie Gaylor, co-president of the foundation and a plaintiff in the lawsuit, heralded Crabb’s decision as courageous.
“It’s an invasion of the freedom of conscience of Americans to have their president direct their prayer or tell them to pray,” said Gaylor, whose organization claims a membership of nearly 15,000 freethinkers, agnostics and atheists across North America.
Jordan Sekulow of the American Center for Law and Justice, which filed an amicus brief in the case on behalf of 31 members of Congress, said he was confident the decision would be overturned on appeal.
“This is one district court judge,” said Sekulow, an attorney with the public interest law firm founded by evangelist Pat Robertson. “It’s not like it’s happening all over the country. In no way do we think this is the mainstream of judicial thinking in the United States.”
The decision is not expected to affect this year’s presidential proclamation, scheduled for May 6, because Crabb postponed enforcement of the decision until all appeals are exhausted.
The false argument of separation of church and state was not used in this case. The arguments against the National Day of Prayer actually centered around the establishment of religion clause of the First Amendment. However, it takes a twisted mind to come up with the concept that a law setting aside one day for Christians to practice the faith that the country was founded on establishes a religion. It does not give specifics on who should pray or how anyone should pray.
Christian Thanksgiving and prayer traditions existed since the presidency of George Washington (See Also: StrangeTravel.com). The modern National Day of Prayer was established during the presidency of Harry Truman.
There is no word whether, or not, Eric Holder and the President are exploring ways around the decision as they did with the Supreme Court Decision in the Case of DC v. Heller.
Of course, the ruling only applies to the Seventh Circuit court, right? Everyone else can pray at will. The National Day of Prayer is May 6th and obviously more necessary than ever.
Milwaukee Wisconsin Journal Sentinel
Federal judge rules Day of Prayer unconstitutional
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Tags: Bill of Rights, Constitution, Democrat, Education, First Amendment, Media, News Item, Religion
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