Legal News

On Prayer, White House Appeals To a Higher Authority

By Ashby Jones

Asked, by us, last week: Will the Justice Department appeal a Wisconsin judge’s recent ruling that National Prayer Day is unconstitutional?

Answered, by the Justice Department, Thursday: Yes.

The Obama administration plans to appeal the ruling, made last Thursday by Wisconsin federal judge Barbara Crabb, declaring unconstitutional the annual National Day of Prayer. Click here for the WSJ story.

In her ruling (click here for the opinion), Judge Crabb said Congress’s prayer declaration “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.”

On Thursday, the Justice Department’s didn’t explain any specific reason for the appeal by President Obama, who is named as defendant in the 2008 lawsuit filed by the Freedom From Religion Foundation. The group, which represents agnostics, atheists and others in favor of the separation of church and state, argues that the National Day of Prayer violates the First Amendment’s clause barring the establishment of a religion. The White House has argued that the proclamation simply recognizes the traditional role of religion in the U.S.

The White House said the president still intends to issue the annual proclamation on May 6 as current law requires.

Rep. Lamar Smith of Texas, the top Republican on the House Judiciary Committee, applauded the Justice Department filing, saying “setting aside a day to honor a religious practice of many Americans throughout history is in no way unconstitutional. Every American is free to either enjoy it or ignore it.”

The day is a congressional creation that dates to 1952.

Annie Laurie Gaylor, co-president of Freedom From Religion, expressed disappointment at the White House’s appeal. “We have a constitutional scholar in the White House who is disregarding the secular underpinnings of our government,” she said.

In our post from last week on the topic, many readers were torn, and expressed themselves rather nicely in many instances.

Wrote reader Shari Greer, in favor of the day:

This 'National Day of Prayer' discussion is suggesting the rights of those who do not believe in a higher power are being somehow subjected to forced prayer. All it does is acknowledge the right to prayer, and a day to celebrate that.

Another reader, Logan, felt differently:

Waste of tax payer money. If you want to pray on the first Thursday of May, you have the freedom to. In fact, go crazy and try praying once a week.

Anyone else care to join the fray?

Full post as published by Law Blog - WSJ.com on April 22, 2010 (boomark / email).