Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

Legal News

: JURIST - The Paper Chase

DOJ to appeal ruling finding National Day of Prayer unconstitutional

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

[JURIST] The US Department of Justice (DOJ) announced Thursday that it will appeal last week's ruling that the National Day of Prayer is an unconstitutional government endorsement of religion. The DOJ filed a notice of appeal Thursday with the US District Court for the Western District of Wisconsin, where last week Judge Barbara Crabb ruled that the day of prayer violates the Establishment Clause of the First Amendment because it is more than "acknowledgment" of religion, but rather government-backed encouragement that Americans engage in non-secular activity. Crabb granted summary judgment for the Freedom from Religion Foundation (FFRF), but the White House has said that President Barack Obama still intends to recognize the day of prayer on May 6. 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 23, 2010 (boomark / email).