Washington Post - National Day of Prayer Ruled Unconstitutional

by By David Waters, OnFaith-Under God Blog
 
A federal judge in Wisconsin ruled Thursday that the National Day of Prayer is unconstitutional.
 
National Day of Prayer "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," U.S. Dist. Judge Barbara B. Crabb wrote. "In this instance, the government has taken sides on a matter that must be left to individual conscience . . . "
 
"I understand that many may disagree with that conclusion and some may even view it as a criticism of prayer or those who pray. That is unfortunate. A determination that the government may not endorse a religious message is not a determination that the message itself is harmful, unimportant or undeserving of dissemination. Rather, it is part of the effort 'to carry out the Founders' plan of preserving religious liberty to the fullest extent possibly in a pluralistic society.'"
 
Jay Sekulow, chief counsel of the American Center for Law and Justice (ACLJ), which plans to appeal the decision. "It is unfortunate that this court failed to understand that a day set aside for prayer for the country represents a time-honored tradition that embraces the First Amendment, not violates it," Sekulow said in a statement.
 
The case was filed by The Freedom From Religion Foundation (FFRF), a Wisconsin-based group that challenged the constitutionality of a 1988 law giving the president authority to designate the first Thursday in May as National Day of Prayer.
 
Congress established the day in 1952. In 1988, it set the first Thursday in May as the day for presidents to issue proclamations asking Americans to pray.
 
President Obama issued a proclamation last year but didn't hold public events with religious leaders as President George W. Bush had done. Obama's decision unleashed a torrent of inaccurate chatter on the Web that he had canceled National Day of Prayer.
 
Obama's 2009 proclamation reads, in part:

"NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim May 7, 2009, as a National Day of Prayer. I call upon Americans to pray in thanksgiving for our freedoms and blessings and to ask for God's continued guidance, grace, and protection for this land that we love."