Thursday a federal appeals court reinstated the National Day of Prayer, using a legal technicality to overturn a previous lower court ruling finding the National Day of Prayer to be unconstitutional.
The U.S. Court of Appeals for the Seventh Circuit in Chicago ruled that the Freedom From Religion Foundation lacked the legal standing to file the original complaint that led to the landmark ruling. "If anyone suffers injury ... that person is the president, who is not complaining," the court ruled.
Last year U.S. District Judge Barbara Crabb struck down the federal statute that established the National Day of Prayer, ruling that it violates the constitutional ban on government backed religion. Thursday's federal court of appeals decision did not address the merits of Judge Crabb's finding, i.e. the fact that the National Day of Prayer is unconstitutional, only the legal standing of those bringing the complaint.
Freedom From Religion Foundation Co-President Annie Laurie Gaylor condemned the appeals court decision as cowardly. She said it is clear that had the appeals court panel ruled on the merits instead of throwing the case out on standing, FFRF would have won, as it did in federal district court. Gaylor said:
“Our challenge is so strong, our claim is so correct. The First Amendment says, ‘Congress shall make no law respecting an establishment of religion.’ ‘No law’ should mean no law!”
Roy Speckhardt, executive director of the American Humanist Association, said:
“This ruling threatens the foundation of church and state separation which this country thrives on. A government institution, let alone the President of the United States, has no business endorsing any form of prayer. To dismiss this challenge is to move the country a step further from the religious freedoms its citizens value.”
Some proponents of a National Day of Prayer claim that because it is not an explicit endorsement of one religion, the statute does not violate the establishment clause. Yet the fact that prayer is compatible with many religions does not argue against the contention that a National Day of Prayer is an establishment of religion. Indeed, it only reinforces that notion.
For most, prayer implies religion. The First Amendment to the U.S. Constitution states "Congress shall make no law respecting an establishment of religion." Yet the federal statute that establishes a National Day of Prayer apparently does just that. For many, the implication is clear: The National Day of Prayer is unconstitutional.
Friday's relevant Twitter stream reflects a mixed reaction to the recent decision:
Court dismisses challenge to National Day of Prayer 1 for the Christians Finally!!!!!
Good News: 7th Circuit Court Throws Out National Day of Prayer Lawsuit Praise God!
National Day of #Prayer is #unconstitutional but only the President can challenge? How bout a National Day of Reason?
FFRF to seek rehearing on National Day of Prayer ruling in 7th Circuit
Comments