ACLJ Backs TX Governor's Call to Prayer, Urges Court to Dismiss Suit

(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing in constitutional law, today urged a federal court in Texas to reject a request for a preliminary injunction designed to stop a day of prayer scheduled for August 6th. The ACLJ filed an amicus brief urging the court to reject a request by an atheist organization to block a proclamation by the Governor - the ACLJ arguing that such proclamations are constitutional.

"The Supreme Court has been very clear on this issue - proclaiming and observing a day of prayer does not trigger a constitutional crisis," said Jay Sekulow, Chief Counsel of the ACLJ. "Not only is Governor Perry's proclamation protected by the Constitution, his action is the latest in a long history of prayer proclamations dating back to the founding of this nation. The atheist organization behind this flawed lawsuit has a track record of trying to re-write history and the Constitution. Like other challenges, this one is destined for failure."

Texas Governor Rick Perry proclaimed August 6th a Day of Prayer for Texas: "I invite my fellow Texans to join me on August 6 at Reliant Stadium in Houston, as we pray for unity and righteousness - for this great state, this great nation and all mankind. I urge Americans of faith to pray on that day for the healing of our country, the rebuilding of our communities and the restoration of enduring values as our guiding force."

The Freedom From Religion Foundation (FFRF) filed a federal lawsuit in an attempt to block the Day of Prayer saying the observance is "deeply offensive" and calling it "harmful" and "counterproductive."

In an amicus brief filed today in U.S. District Court, Southern District of Texas, Houston Division, the ACLJ urges the court to reject FFRF's motion for a preliminary injunction and urged the court to dismiss the lawsuit. The brief contends that FFRF lacks legal standing in this case and notes that "claims of injury amount to nothing more than being offended by Governor Perry's statements."

The ACLJ brief rejects assertions that Governor Perry's call for Texans and other Americans to pray violates the Establishment Clause. The ACLJ contends the suit is without merit and is inconsistent with Supreme Court precedent as well as the long history of official government acknowledgement of religion in American life - specifically with the long history in this nation of legislators and executive officials calling this nation's people to prayer.

The ACLJ amicus brief is posted here.

The FFRF has failed in federal court challenges targeting the Pledge of Allegiance, the National Motto as well as the National Day of Prayer. In the challenge to the presidential proclamation of the National Day of Prayer, in April, a federal appeals court rejected FFRF's claim that the proclamation is unconstitutional. In its decision, the appeals court concluded that "Hurt feelings differ from legal injury."

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.