ACLJ: Supreme Court Should Reject Newdow's Challenge to Inaugural Prayer

January 18, 2005

(Washington, DC) The American Center for Law and Justice, focusing on constitutional law, said today that Michael Newdows appeal to the U.S. Supreme Court to bar clergy prayer at Thursdays inauguration is a legally flawed strategy destined to fail.  The ACLJ said it is preparing an amicus brief for the Supreme Court urging the high court to reject Newdows challenge.

Newdows appeal to the Supreme Court comes after two courts a federal district court and a federal appeals court rejected Newdows challenge.  In addition to asking the high court for an injunction to stop the prayer, Newdow is asking that Chief Justice William Rehnquist remove himself from consideration of the case because he will administer the oath of office to President Bush that contains the phrase so help me God.

It is unfortunate that Michael Newdow continues to pursue a flawed legal strategy that really has no chance of success, said Jay Sekulow, Chief Counsel of the ACLJ, which has challenged Newdows lawsuits in the past.  Prayer at the inauguration is a time-honored tradition that poses no constitutional violation a conclusion thats been reflected in decisions over the years including two decisions in the past few days.

Sekulow added:  To suggest that the Chief Justice step aside from considering this case simply because he will administer the oath of office to President Bush the same oath taken by the nations first President George Washington is a bizarre and troubling argument.  We are preparing a brief for the Supreme Court in support of the Department of Justices defense of the inaugural prayer.

In a brief filed at the federal district court level, the ACLJ contended the constitutionality of the inaugural prayer is settled law with the Supreme Court in 1983 concluding in its decision in Marsh v. Chambers that the opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country.  The high court also noted that the First Congress did not consider opening prayers as a proselytizing activity or as symbolically placing the governments official seal of approval on one religious view.

Sekulow added:  There has been prayer offered by clergy at Presidential inaugurations for nearly 70 years and the inclusion of prayer or reference in every inauguration since the first inauguration of President Washington in 1789.  We do not expect that time-honored tradition to be removed from the inaugural ceremony this week.

Last year, the ACLJ filed a brief at the Supreme Court opposing Newdows challenge to the Pledge of Allegiance, which the high court rejected.  Newdow has filed a new lawsuit once again challenging the Pledge and the ACLJ will again file briefs opposing that challenge.  

The American Center for Law and Justice is based in Washington, D.C.