Federal judge strikes down law signed by President Truman

Posted: April 15, 2010
4:26 pm Eastern

By Art Moore
© 2010 WorldNetDaily


U.S. District Judge Barbara B. Crabb

A federal district court in Wisconsin today ruled the National Day of Prayer unconstitutional.

U.S. District Judge Barbara B. Crabb issued the decision in a case filed by the Freedom From Religion Foundation, a Wisconsin-based atheist and agnostic group that challenged the constitutionality of a 1988 federal law.

The law gives the president the authority to designate the first Thursday in May as a National Day of Prayer.

Crabb, appointed to the court in 1979 by President Carter, determined the statute violates the First Amendment's establishment clause, which says, "Congress shall make no law respecting an establishment of religion."

In her opinion, Crabb wrote that in her view of case law, "government involvement in prayer may be consistent with the establishment clause when the government's conduct serves a significant secular purpose and is not a 'call for religious action on the part of citizens,'" citing a high-profile Ten Commandments case, McCreary County, Kentucky v. ACLU.

"Unfortunately," she wrote, the National Day of Prayer law "cannot meet that test."

"It goes beyond mere 'acknowledgment' of religion," Crabb wrote, "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."

Jay Sekulow, chief counsel of the American Center for Law and Justice, the ACLJ, called the decision flawed and expressed confidence it will be overturned.

"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," he said.

The case names as defendants President Obama, who is responsible for enforcing the statute, and White House Press Secretary Robert Gibbs.

The Freedom From Religion Foundation contends the statute violates the First Amendment because it endorses prayer and encourages citizens to engage in the practice. The White House argues the statute is simply an "acknowledgment of the role of religion in American life" and is indistinguishable from government practices courts have upheld.

Sekulow, who contends the decision "runs counter to well-established legal precedent," said the ACLJ plans to file a brief representing members of Congress to challenge the decision in the U.S. Court of Appeals for the Seventh Circuit.

"This is the first step in what could be a lengthy legal process that ultimately puts this issue before the Supreme Court," he said.

Seklow noted that with the upcoming retirement of Justice John Paul Stevens, the issue could be decided by President Obama's appointee to the court.

"An issue like this underscores the importance of why it's so critical for the nominee to answer direct questions about their judicial philosophy, how they view the role of judges, and their view of the rule of law," Sekulow said.

Attorneys with the Alliance Defense Fund are urging President Obama to appeal the decision. They point out the order does not affect presidential prayer proclamations and will not go into effect unless the decision stands after all appeals are exhausted.

"It's important to remember this about the National Day of Prayer: It's America's heritage, and this day belongs to Americans," said ADF Senior Legal Counsel Joel Oster.

Oster argued the day gives opportunity "for all Americans to pray voluntarily according to their own faith – and does not promote any particular religion or form of religious observance."

The act was signed into law in 1952 by President Harry Truman. Congress amended the law in 1988, which was signed by President Ronald Reagan, to establish a particular day of observance.

The law currently reads, "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."

The ACLJ filed a friend-of-the-court brief in Crabba's court that recalled the country's long history of recognizing a national day of prayer dating back to 1775 when the Continental Congress recommended the states set apart a day for prayer and thanksgiving.

In the introductory paragraph of her opinion, Judge Crabb pointed out that when the Continental Congress met for its inaugural session in September 1774, "delegate Thomas Cushing proposed to open the session with a prayer. Delegates John Jay and John Rutledge (two future Chief Justices of the Supreme Court) objected to the proposal on the ground that the Congress was 'so divided in religious Sentiments ... that We could not join in the same Act of Worship.'"

"The role that prayer should play in public life has been a matter of intense debate in this country since its founding," she wrote.

President George Washington, however, began a tradition of issuing a National Day of Thanksgiving Proclamation. Since then, American presidents have made similar proclamations and "appeals to the Almighty."

The ACLJ brief states "the historical evidence establishing a National Day of Prayer as deeply embedded in the tradition and history of this country is indisputable."

In its brief, the ACLJ represented itself and 31 members of the 111th Congress, including Rep. J. Randy Forbes, R-Va., who chairs the Congressional Prayer Caucus.

The others supporting the brief are Reps. J. Randy Forbes, Robert B. Aderholt, Michele Bachmann, Roscoe G. Bartlett, John A. Boehner, John Boozman, Eric Cantor, K. Michael Conaway, Mary Fallin, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Wally Herger, Peter Hoekstra, Walter B. Jones, Jim Jordan, Doug Lamborn, Thaddeus G. McCotter, Patrick T. McHenry, Mike McIntyre, Jeff Miller, Sue Wilkins Myrick, Randy Neugebauer, Pete Olson, Mike Pence, Joseph R. Pitts, Heath Shuler, Adrian Smith, Lamar Smith and Joe Wilson.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=141325

How did this subject even come up to be decided? There's just no stopping this evil agenda to destroy this country. "And he will change the times", rings a bell. Where does it say that an Islamic prayer day/service can be held in the White House instead? Just gets weirder and weirder!

Okay, now I see this atheist group initiated the suit. I keep apologizing to God for this evil running rampant in turning America's back on Him. I'm embarrased and humiliated this is going on here. Grieving!! Atleast there's good people fighting it.

2HH, Franklin Graham is in charge of this on May 6 this year. They sent out an email a week or so ago! Evil judge!!

The one day we have devoted to prayer and they slam it !!!
oh workers of iniquity against the Lord God ....God shall not be mocked !!!

I am studying constitutional law right now in school and I have to say that Judge Crabb is flat wrong on this ruling. How can one group dictate the law for a whole country. They are free to believe how they chose to believe and we have the same rights and priviledges. It says freedom of religion, we are allowed the right to worship as we see fit. This group chooses to worship the evil one. Their rights have not been infringed upon.

I will step down from my soap box now.

Email: ljpoohbunny@insightbb.com

Judge Crabby just wants to make a point that America is not "One nation under God", because they are going to make it one nation under the NWO, which it already is and people need to be grateful for us believers who still fight back towards that evil. Soon, it will be gone.

Email: maria callison@hotmail.com

Sickening!! This nation is turning up the 'heat' against our God and His Righteousness alarmingly since B.O. usurped this land.

How is it, mankind turns against the Most High God, Who only wants to undergird, help and guide His creation, for He awaits to pour out His Grace and Mercy that cost Him so much!! . . .

I know our LORD GOD is allowing this to happen . . if for no other reason than to prove the insanity of a people loving the darkness. No accountability they think, so they gloat in their own lusts and pride which the Living God says leads to destruction

. . Our GOD altogether Holy is removing His Mercy and Grace step by step with greater frequency. . . yet of His church He remains the Great Shepherd keeping utter hold of His own, . .

We can still do this.
Lord please clear the way.
For a national prayer Day.
In Jesus Name,
Star

I have to share this uplifting story! In a town near where I live in Ohio, won't give the name, the Bible is read aloud in the town square from cover to cover and it is timed to end at 12:00 noon on the Natl. Day of Prayer!!

About 4 years ago or so I just happened to be driving by and stopped to listen in. It was so cool because at 12:00 noon they stopped reading the Bible and blew a shofar! I remember walking up to that bandstand and just feeling a heavy presence of our Lord. It was so awesome to stand there with all the lunch time traffic going by and participate in the prayer ceremonies.

This was unplanned for me to be there but maybe our Lord put me there just in time to walk up and hear the shofar blowing!

It is just awesome to have the Word of God read aloud outside in the center of town. They have a group of volunteers and they read it daily from about 8 am to 6 pm during the week leading up to the day of prayer.

I am definitely going to try to attend this one if we are still here!

Hey Melissa, they do this in the town I live in Ohio! Would that town be in central Ohio and start with an L?

Lennea, We must be near neighbors! The town actually starts with an M but is next to a town that starts with an L (a clue ha)! It is in North Central Ohio!!

I would like to know which religion is prayer? Last I checked people had free choice to pray as they saw fit. Or not to pray if they are so inclined. The constitution also establishes freedom of religion and prohibiting the free exercise thereof. No one is being forced to pray...or even told to pray. It is simply an acknowledgment...one that has had over half a century of tradition behind it. So good luck with that ruling NOT being overturned.

There is no "Constitutional Separation of Church and State". Those words are found nowhere in the Constitution. They were written by Thomas Jefferson to the Danbury Baptists who wished the Federal Government to intervene in a political matter that involved a different sect of religion running for a political office. Jefferson declined saying it was not the Federal Governments job to establish religion but that right is reserved to the States alone.

Hence the separation of Church and State. As opposed to England where the Church WAS the State. They fled from religious oppression...so why would they seek to inflict the same here in the "New World"? He would be very offended to see how his words have been taken out of context to justify the secularization or our nation and the removal of prayer from the public square.

The "only" God these people hate is the Christian God.
Be not deceived GOD IS NOT MOCKED!

I was just watching Franklin Graham on the Greta Van Sustern segment of FOX channel,they were talking about this very thing. His comments were "We don't need LESS of God, we need MORE of God" Look at the mess our country is in?" Anyway, he summed it up by saying he was going to continue to pray no matter what they ruled. They can't stop us from praying, can they? One more sign. I can't believe how much is happening so quickly!

Shirley Off subject, I heard that Greta is a Scientologist!! I have been praying for that group for a long time!

Hope that Franklin Graham will boldly speak out about the rapture!

Is she really Melissa? That's that group that so many actors are involved with, right? Tom Cruz, John Travolta..... ? I hope that they have heard about the Rapture from Franklin Graham too, or others. Because when it happens, some of these news anchors will know what they have been told and hopefully turn to Christ as their only Hope. I wonder about alot of them on FOX and other channels too when I watch and listen to them. They seem like good people who are moral and upright individuals, and I'm hoping so many of them (especially from FOX) have been rooted in the knowledge of Jesus and His saving grace.

Shirley, Yes and that is so sad! I truly pray too that they turn to Jesus and away from the deception that they have been involved in. Praying that they will be reached somehow!

I think you are right a lot of them on Fox are saved and I was really surprised to read this about Greta. She is a neat lady as are those other folks that are involved in that group.

A federal judge in Wisconsin yesterday found the National Day of Prayer to be unconstitutional, saying it violates the First Amendment prohibition laws respecting an establishment of religion.

The decision was rendered in a case brought some years ago against the Bush (and subsequently Obama) administration by the 15,000-member Freedom From Religion Foundation.

The court's action will not impact the activities planned around this year's May 6th National Day of Prayer activities in Washington, D.C. on the steps of the Capitol, on the Mall by the Washington Monument, at the ellipse near the Jefferson Memorial, and in many cities around the country.

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Here is an update that I got in an email today from a prayer organization. Looks like this will not affect this years events!