Legal News

National Prayer Day Shot Down; What Will Obama Do?

By Ashby Jones

In recent years, federal courts have upheld the constitutionality of the pledge of allegiance and the U.S. Mint’s practice of engraving the words “In God We Trust” on our nation’s currency.

So you’d think that, based on these and other rulings, National Prayer Day might pass muster, right? Not according to Wisconsin federal judge Barbara Crabb, who ruled on Thursday that the federal statute that created the day violates the Establishment Clause of the First Amendment. Click here for the story from CNN, here for Crabb’s opinion.

“[I]ts sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function,” wrote Judge Crabb. “In this instance, the government has taken sides on a matter that must be left to individual conscience.”

According to CNN, the injunction against the National Day of Prayer will not take effect until the defendants in the case, President Obama and White House Press Secretary Robert Gibbs, have exhausted their appeals. The Obama administration said in a Twitter message on Thursday that Obama intends to recognize this year’s National Day of Prayer, which is May 6. (In 1988, Congress declared that the day shall be celebrated on the first Thursday of May.) It is unclear whether the administration intends to appeal.

Already, some religious groups were calling on the White House to appeal the decision.

“The National Day of Prayer provides an opportunity for all Americans to pray voluntarily according to their own faith and does not promote any particular religion or form of religious observance,” said Joel Oster, senior legal counsel for the Alliance Defense Fund.

Others, reported CNN, applauded the ruling:

“This decision is a tremendous victory for religious liberty,” said the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State. “Congress has no business telling Americans when or how to pray.”

LBers, what do you think? Would an appeal of the suit be a waste of taxpayer dollars or an important statement for the Obama administration to make?

Full post as published by Law Blog - WSJ.com on April 16, 2010 (boomark / email).