FOX News - With National Day of Prayer Declared Unconstitutional, What Does the Court Decision Mean?

FOX Special Report With Bret Baier
FOX News

BRET BAIER: There has been no specific response from the Obama administration to a federal judge's ruling that the National Day of Prayer is unconstitutional, other than to say it is being studied. Correspondent Caroline Shively looks at the decision and what it could mean down the line.

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CAROLINE SHIVELY, FOX NEWS  CORRESPONDENT (voice-over): If a federal judge's ruling is allowed to stand, this year's National Day of Prayer could likely be the country's last. And now both sides say that ruling could have a much larger effect on government and religion.

U.S. District Judge Barbara Crabb wrote that the day violates the constitutional separation of church and state and that it, quote, "serves no purpose between courage or religious exercise, making it difficult for a reasonable observer to see the statute as anything other than a religious endorsement."

The plaintiffs in the case, members of the Freedom from Religion Foundation, say Crabb's ruling is a cause for celebration.

ANNIE LAURIE GAYLOR, FREEDOM FROM RELIGION FDN: We want you to keep out of the religion business. It's not an appropriate proclamation. You should not be asking constituents to pray. You do not have the power to ask constituents to pray.

SHIVELY: The Justice Department is now reviewing the ruling with no official word on whether the government will appeal. But according to a tweet by the White House on Thursday, quote, "As he did last year, President Obama intends to recognize a National Day of Prayer." This year that day is set for May 6. Conservatives are already pushing to try to overturn the case in the Seventh Circuit Court of Appeals.

LAMAR SMITH (R), TEXAS REPRESENTATIVE: If a National Day of Prayer is unconstitutional, then is it unconstitutional to have our federal Christmas holiday? Is it unconstitutional to open up every session of Congress with a prayer from a chaplain? Is it unconstitutional to have "In God We Trust" on our coins and money?

SHIVELY: Conservatives have criticized some of the seventh circuit's past rulings, including one which found a prayer before a legislative event to be unconstitutional. But it likely wouldn't end there.

JAY SEKULOW, AMERICAN CTR FOR LAW & JUSTICE: I think this is destined for the Supreme Court. If the seventh circuit says that this judge was right, then it goes to the Supreme Court of the United States.

SHIVELY (on camera): Appeal or not, the next stop for the case is Congress. On Tuesday, Congressman Lamar Smith plans to introduce a resolution in the House that would support the day of prayer. This could also become an issue in confirmation hearings for President Obama's still unnamed nominee to the Supreme Court.

In Washington, Caroline Shively, FOX News.