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Federal judge rules National Day of Prayer unconstitutional

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A judge for US District Court for the Western District of Wisconsin ruled Thursday that the National Day of Prayer is an unconstitutional government endorsement of religion. Judge Barbara Crabb issued summary judgment in favor of the Freedom from Religion Foundation, which challenged 36 USC § 119, establishing a day of prayer. The statute, passed in 1952 and amended in 1988 to make it the first Thursday in May, says the president will declare the day so people "may turn to God in prayer and meditation at churches, in groups, and as individuals." In her ruling, Crabb said the National Day of Prayer violates the First Amendment's Establishment Clause: 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. In this instance, the government has taken sides on a matter that must be left to individual conscience. "When the government associates one set of religious beliefs with the state and identifies nonadherents as outsiders, it encroaches upon the individual's decision about whether and how to worship."The White House said that President Barack Obama still intends to recognize the day of prayer as he did last year.Last month, the US Court of Appeals for the Ninth Circuit ruled that a teacher-led recitation of the Pledge of Allegiance in public schools does not violate the Constitution's Establishment Clause. The court also upheld the use of the phrase "In God We Trust" on currency. In November, the US Court of Appeals for the Third Circuit ruled that a school district's policy prohibiting the performance of religious holiday songs does not violate the Establishment Clause. Also that month, a judge for the US District Court for the District of South Carolina ruled that license plates produced by the state bearing a picture of a cross in front of a stained glass window and the words "I Believe" violate the Constitution.

Full post as published by JURIST - The Paper Chase on April 16, 2010 (boomark / email).