Across America, there will be observances this day - with the 60th annual National Day of Prayer being celebrated coast-to-coast. That is certainly great news. But what is especially gratifying is that the atheist organization, the Freedom From Religion Foundation (FFRF), has failed to put a stop to this national observance.
Just last month, a federal appeals court overturned a decision by a federal district court in Wisconsin that declared the National Day of Prayer presidential proclamation unconstitutional. A proclamation like this one issued by President Obama for this year's event.
As you'll recall, a decision issued by the U.S. Court of Appeals for the Seventh Circuit, the Court's Chief Judge Frank Easterbrook rejected an argument by FFRF that they could bring a federal lawsuit because the National Day of Prayer made them feel excluded and unwelcome. Echoing an argument made by the ACLJ in our amicus brief, the court concluded: "Hurt feelings differ from legal injury," and all plaintiffs ultimately allege is "disagreement with the President's action." The decision is posted here. Our amicus brief, in which we represented nearly 70 members of Congress, is posted here.
The appeals court correctly concluded that FFRF does not have the right to silence the speech they don't agree with and that the organization lacked legal standing to challenge the National Day of Prayer.
While this decision represents a victory for this time-honored tradition, FFRF has already said it plans to appeal that decision.
And, as you also know, that FFRF is currently challenging the constitutionality of the phrase 'under God' in the Pledge of Allegiance. FFRF is asking the U.S. Supreme Court to take a case out of New Hampshire and overturn a lower court decision upholding the constitutionality of the Pledge.
So, FFRF wants to get rid of the National Day of Prayer and the Pledge of Allegiance with the phrase 'under God.'
This is absurd. These challenges not only are legally flawed, but clog our court systems and represent a waste of judicial resources.
We're standing up for the National Day of Prayer and the Pledge. We will file briefs backing the National Day of Prayer and the Pledge of Allegiance as these flawed challenges and appeals continue.
On this National Day of Prayer, I want you to know that we're standing up to groups like FFRF, the ACLU, and others - groups that want to re-write our nation's history and heritage.
Veterans Day is this Sunday, November11th, but will be commemorated this Monday, November 12th, as a Federal Holiday. Formerly known as Armistice Day, this holiday was originally created to commemorate the end of World War I, which officially took place on November 11, 1918. It is the 100th...
The U.S. Supreme Court has announced it will decide whether a war memorial cross is constitutional under the First Amendment. As explained in more detail here , the Bladensburg Peace Cross was funded and erected nearly a century ago by the American Legion and others to commemorate the lives of...
On this 17th anniversary, we pause and take a moment to remember 9/11. Even after 17 years, the tragic events of September 11, 2001, are still seared in our nation’s collective memory. 9/11 shook America to its core. On this date every year, it is impossible not to remember the events of that...
Supreme Court decisions interpreting the First Amendment’s Establishment Clause are not, to put it charitably, a model of clarity. The jurisprudence arising out of those decisions has been described by the lower court judges as a “judicial morass,” “rife with confusion,” and a “trial judge’s...