Thursday, May 6, marks the 59th annual observance of the National Day of Prayer, and it may be the last. The celebration faced its first serious challenge in a suit brought in 2008 by the Freedom from Religion Foundation.  Judge Barbara Crabb of the First US District Court of Wisconsin declared the law unconstitutional on April 15, 2010.  It’s about time.

This day is not a suggestion by Congress. It is not an acknowledgement that some people find comfort and inspiration in prayer. In 1952, at the height of the McCarthy witch-hunt, the Rev. Billy Graham convinced Congress to pass a law requiring the president of the United States to tell private citizens that they are supposed to pray on a particular day. US Code, Title 36, Section 119 says:

The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

Internet rumors that President Obama cancelled the observance are false. Unless and until the Supreme Court affirms Judge Crabb’s ruling, the president is required to obey the law. He did so through his proclamation, issued on April 30.  The US Justice Department has announced that it will appeal the ruling. Judge Crabb’s opinion states:

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. In this instance, the government has taken sides on a matter that must be left to individual conscience. When the government associates one set of religious beliefs with the state and identifies nonadherents as outsiders, it encroaches upon the individual's decision about whether and how to worship.

James Madison and Gouverneur Morris wrote the constitution from scratch in 1787, using pen and paper. There had never before been such a document. They could have put anything they wanted into it. They chose not to use the words “god”, “Christ”, “Christian”, or “Jesus” anywhere in it. They chose not to require an official religion. In fact, they forbid the government to require a religious test of any person who holds public office.

In 1789, they proposed the Bill of Rights.  The first amendment forbids government to establish a religion. Now, if they had wanted a Christian nation, surely they would have required it, and required religious tests for public servants. If they had wanted a theocracy, surely they would have said so.

Since so many of our schools don’t bother to teach the constitution, here is the text of the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Federal courts have held that the establishment clause (“respecting an establishment of religion”) means that the government may not show any preference for one religion over another, or promote religion or religious practices in any way, or prevent people from the private practice of their own faiths. That’s where the separation of church and state comes from. The separation of church and state works both ways. If we permit religious interference in the government, then the government will be free to interfere with religion. Do you want the government to tell your pastor what to preach?

You are free to pray, or not. You are free to practice any religion, or none at all. You are free to display religious symbols on your jewelry, clothing, car, and home. You are free to propose a constitutional amendment establishing the United States of America as a Christian theocracy. (Good luck with that.) You are not free to force others to do any of those things. You also have the right to be free from harassment to accept someone else’s version of a “god”. It is not the government’s business to tell you that you should pray. It is most certainly not the government’s business to schedule your prayers. Gee. You’d think that the very people who so strenuously object to “big government” and rant about the trampling of the constitution would be able to grasp this concept.

Most Americans claim to believe in a god, and to practice one religion or another. If you want to organize and observe a national day for your prayers, go right ahead. You don’t need Congress to help. Organizations declare national “days” for their pet causes all the time. There are several events scheduled in Pittsburgh, if you’re so inclined. You can see a list at the National Day of Prayer site.

For more information:

• National Day of Prayer

• President Obama’s National Day of Prayer Proclamation

• National Day of Prayer Events

• US Constitution

• Freedom from Religion Foundation statement

• American Civil Liberties Union

• Americans United for the Separation of Church and State

• Pittsburgh Post-Gazette Perspectives
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