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A federal judge in
Wisconsin ruled on Thursday that the country's National
Day of Prayer is unconstitutional because it calls on
citizens to take part in religious activity.
Senior U.S. District Court Judge Barbara B. Crabb said
the statute that created the National Day of Prayer
violates the Constitution's prohibition against the
government establishment of religion.
Judge Crabb, a 1979 appointee of President Carter, wrote
in her decision that "some forms of 'ceremonial deism,'
such as legislative prayer, do not violate the
establishment clause." But she said the National Day of
Prayer goes too far.
"It 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," she said. "In this
instance, the government has taken sides on a matter
that must be left to individual conscience."
In her ruling, the judge said she understood that many
might disagree with her conclusion and some could view
it as a criticism of prayer or those who pray.
"That is unfortunate," she said. "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.'"
The ruling will not stop President Obama from
recognizing, as he did last year, a national day of
prayer, said White House spokesman Ben LaBolt. Judge
Crabb delayed the imposition of her ruling pending an
appeal.
"We have reviewed the court's decision, and it does not
prevent the president from issuing a proclamation," Mr.
LaBolt said.
The judge's ruling came in a lawsuit originally filed in
2008 by the Wisconsin-based Freedom From Religion
Foundation. The atheist, agnostic and nontheist group
said Thursday they were surprised and disappointed that
the president intended to issue the proclamation.
"President Obama is a constitutional scholar, and knows
the issues at stake," said the foundation Co-President
Annie Laurie Gaylor.
The American Center for Law and Justice, a conservative
organization that filed briefs in the case on behalf of
31 members of Congress, called Judge Crabb's ruling
"flawed" and vowed to file an appeal.
"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," said Jay Sekulow,
chief counsel of the ACLJ.
"If the appeals court fails to reverse this decision, we
are confident the Supreme Court will hear the case and
ultimately determine that such proclamations and
observances like the National Day of Prayer not only
reflect our nation's rich history, but are indeed
consistent with the Establishment Clause of the First
Amendment," Mr. Sekulow said.
Rep. Lamar Smith, a Texas Republican who is among the
members of Congress for whom the amicus brief was filed,
said "it is regrettable that a federal judge has called
the simple national recognition of prayer - which
imposes no duties or burdens on any American -
unconstitutional.
"The decision undermines the values of religious freedom
that America was founded upon," he said. "What's next?
Declaring the federal holiday for Christmas
unconstitutional?"
The lawsuit originally targeted then-President George W.
Bush and members of his administration, but Mr. Obama is
now listed as the defendant because the president
enforces the statute in question by issuing a
proclamation each year declaring National Day of Prayer.
Because proclamations for National Day of Prayer are
released through the White House press office, Mr.
Bush's former press secretary, Dana Perino, was
originally listed as a defendant, but has since been
replaced as a defendant by Robert Gibbs, Mr. Obama's
press secretary.
The Justice Department, which represents the president
and Mr. Gibbs in the case, would say only Thursday that
it is "reviewing the judge's decision."
Every president beginning with President Truman in 1952
has issued a proclamation for the National Day of
Prayer, which, since 1988, has been held on the first
Thursday in May.
Last year, Mr. Obama issued a proclamation; Mr. Bush
held a National Day of Prayer event at the White House
in 2008.
This year's National Day of Prayer is scheduled for May
6.
The Americans United for Separation of Church and State,
a religious watchdog group based in Washington, D.C.,
praised the ruling, calling it a "tremendous victory"
for religious liberty. In a statement, it said Congress
has no business telling Americans when or how to pray.
"The Constitution forbids the government to meddle in
religious matters," said the Rev. Barry W. Lynn, the
organization's executive director.
"Decisions about worship should be made by individuals
without direction from elected officials. That's what
freedom is all about.”
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