Political Hotsheet
By

Brian Montopoli /

CBS News/ April 16, 2010, 1:34 PM

National Day of Prayer Deemed Unconstitutional, but Obama Will Recognize it Anyway

AP

Yesterday, a U.S. District Judge in Wisconsin ruled that the annual National Day of Prayer is unconstitutional.

"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," wrote Judge Barbara Crabb, who said the Day of Prayer violates the First Amendment's establishment clause, which bans the creation of a "law respecting an establishment of religion" in the Constitution.

Perhaps anticipating the anger that her ruling would create, she also noted there was no law preventing Americans from praying or organizing non-governmental days of prayer, and wrote this: "I understand that many may disagree with that conclusion and some may even view it as a criticism of prayer or those who pray. That is unfortunate. 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."

The National Day of Prayer was established by Congress in 1952, and in 1988 was set as the first Thursday in May. On that day last year, President Obama issued the traditional presidential proclamation, which opened with this line: "Throughout our Nation's history, Americans have come together in moments of great challenge and uncertainty to humble themselves in prayer."

The lawsuit against the National Day of Prayer was brought in Wisconsin by a group of atheists and agnostics called the Freedom From Religion Foundation, which argued that it violated the separation of church and state.

The Obama administration had argued that the National Day of Prayer was legal because it simply acknowledged the role of religion in the United States, according to the Associated Press. But Crabb wrote that "it is because the nature of prayer is so personal and can have such a powerful effect on a community that the government may not use its authority to try to influence an individual's decision whether and when to pray."

Some members of Congress responded negatively to the ruling; House Republican leader John Boehner deemed it "troubling" and urged the Obama administration to appeal. "It violates both well-established legal precedent and the spirit of the principles on which our nation was founded," he said in a statement. A group called the American Center for Law and Justice, which represented more than 30 members of Congress in the lawsuit, also criticized the decision and vowed appeal.

"The decision undermines the values of religious freedom that America was founded upon," said House Judiciary Committee ranking Republican Lamar Smith. "What's next? Declaring the federal holiday for Christmas unconstitutional?"

In a Tweet, the White House said that regardless of the ruling, the president still "intends to recognize a National Day of Prayer." The decision does not ban the president from issuing a proclamation, the White House said.

Last year, the White House did not hold a service at the White House in conjunction with the National Day of Prayer, as President George W. Bush had; the Los Angeles Times described the Bush-era event as "an ecumenical service in the East Room, a big public endorsement of evangelical Christians."

Yesterday, a rumor that the president had "canceled" the National Day of Prayer, tied to that decision from last year, "went viral" online, according to the Examiner. 

Said one such claim, according to Snopes.com: "Oh, yes, Obama prays all right. WITH THE MUSLIMS!!"

© 2010 CBS Interactive Inc. All Rights Reserved.
106 Comments Add a Comment
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darwinbull says:
What do district judges know in Wisconsin? :D The Constitution says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." I don't think they have made a law... "Everyone has to prayer on the 1st Thursday of May!!!" and to think like the CheeseHead Judge one would actually be prohibiting a perfectly safe religious exercise. Sounds like some judge just wanted to get in the news.
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Dandy1981 says:
There are many things that can be deemed Unconstitutional that we reserve. Taking part in the National Day of Prayer is a choice.... nobody is pulling arms and demanding people to pray.... I will just put this out here and Sorry if I offend a few.... The whole month of February our children come home with loads of stuff pertaining to Black History month..... Slavery ended long ago and I think that there should be a national American History month instead. I am not racist by any means... those that know me well know this. So reserving a whole month like that is okay, but reserving one day for prayer isn't?... Hmm. Think about it people... equality is equality... I'm just saying.
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troybullock replies:
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You know what....we all need to stop fricken worrying about OFFENDING people....we live in a society where it is free to speak your mind....stop cowering because politicians view something politically incorrect....my faith is my faith and I WILL PRAY WHENEVER AND WHEREVER I DAMN WELL PLEASE AND IF MR OBAMA AND HIS CHEESEHEAD LIBERAL JUDGE DONT AGREE WITH THAT THEY CAN KISS MY TAN AMERICAN A$$!!!!
uhohcapslock replies:
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Really...a whole month dedicated to American History? Are you kidding me??! WHAT DO YOU THINK STUDENTS LEARN ALL YEAR ROUND? Who do you think wrote our history books? Americans, which I can probably bet the majority are caucasian...therefore, there probably isn't much regarding the historic milestones of our nation which included African Americans.

I think proclaiming an unofficial day for prayer is fine, but I don't think it should be an official national observance as it does cross the lines of church and state. If people need one day a year to dedicate just to prayer, they probably aren't practicing their religion that way it was meant to be practiced, don't you think?
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khadijah1212 says:
"Said one such claim, according to Snopes.com: "Oh, yes, Obama prays all right. WITH THE MUSLIMS!!"

Well, at least we don't have to be reminded to pray every year!
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allison365 says:
It is One nation under GOD!!!! that is our pledge of allegiance and always has been. I live near a city that fought to have the Cross taken off their City flag and lost!!!! I love that and helped fight!!!. God is God is God is God no matter what religion!!! Study the religions and history!!! God ceases to be God when humans step in and try and be him or use religion as a political weapon!!! F..K that!!!! God is not political!!!! Read any "Bible" whether Christian, Jewish, Islamic, Buddhist, etc!!!!!! And F..K all the hypocrites who say otherwise!!!!
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brcjacks replies:
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The pledge has not always been "one nation under god."
Eisenhower, responding to pressure from his pastor, made the change that was signed into law on June 14, 1954. Prior to 1954 there was no god reference at all.
I agree, people religious beliefs should not be part of politics but there is no way you can prevent that. The problem is that believers believe for irrational reasons and therefore it is very difficult to had rational arguments when their view opposes yours.
No, I don't think there is a god but you are welcome to think otherwise.
dlodom replies:
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allison,
God will never cease to be God.
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shiggityx2-2009 says:
Read Lemon v. Kurtzman. The Supreme Court has ruled that government action (such as a law or proclamation) must 1. Have a secular purpose, 2. Must not as its primary effect advance or prohibit religion, and 3. may not create excessive government entanglement with religion.

A National Day of Prayer violates the first and second prongs, and possibly the third as well. Telling people to pray has no secular purpose, and it's primary effect is to get people to participate in religious activity (thereby promoting religion).

People can pray whenever they want, but the government can't officially endorse it.
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allison365 replies:
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but they can (and have) support it!!!!
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ktyhist13 says:
I am a Christian, and I feel that the day of prayer does not force anyone to pray. I also think that the day of prayer allows for freedom of religion. Day of prayer does not mean "Only for Christians". My hope would be that Jews, Muslims, Catholics and anyone else who wishes to participate would. I am embarassed by Grahm who has made many people feel offended and excluded from this event and his ignorance makes many believe that all Christians are as closed minded and ignorant, while many of us strive to be the opposite. A day of prayer is meant to bring many people together to pray (despite any religious differences) in hopes that our country can grow and be successful. I hope that many will pray that our country can move past religous divisions and instead respect differences and everyone's right to their own religion, whether or not it is the same as our own.
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ge556 replies:
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You get to keep your day of prayer, but government has to stay out of it in the future.
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paca18 says:
I don't understand why our nation is beating down our president, if God did not want him their he eould not be their! It says in the bible that we are to respect our authorities.. so we need to respect our President. Also, don't say things if you dont know what your talking about. I'm pretty sure our Presidnt doesn't pray with muslims!!
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Jesusfollower7 replies:
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Dear friend, have you read the book of Judges? The Israelites did evil in the sight of the Lord so he took his hand of blessing off them. Until the cried out for them. The Israelites decided not to choose God's way but their own!
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paca18 says:
I think it's a good that President Barack Obama, is allowing people to pray on national day of prayer. I also think that if we don't not allowing people to pray on the national day of prayer is wrong.What is going to happen to Christmas? people celebrate Christmas in different ways, so because maybe a lot of americans don't celebrate Jesus on Christmas we should have our President not make Christmas a holiday anymore? We can not be selfish and only think about ourselves like we have in past!Finally we have a President that wants to help us and people are against him. I think that what President Barack Obama is doing, is great!
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redsoxlove replies:
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i find it scary that you dont have a problem with the words "president barack obama is ALLOWING us to pray" i'm sorry but i thought our constitution gave us freedom of speech, freedom of religion, ect.. our president can not and should not ALLOW us or not ALLOW us to pray..its no where in his job description.
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nuncius32 says:
Thomas Jefferson, who refused as President to have anything to do with proclamations regarding prayer, etc., had this to say about the issue: "I do not believe it is for the interest of religion to invite the chief magistrate to direct its exercises, its disciplines, or its doctrines; nor of the religious societies that the general government should be invested with the power of effecting any uniformity of time or matter among them. Fasting and prayer are religious exercises. The enjoining of them an act of discipline. Every religious society has a right to determine for itself the times of these exercises, and the objects proper for them, according to their own particular tenets; and this right can never be safer than in their own hands, where the Constitution has deposited it."
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MEW29 says:
Unfortunately this article contributes to the rampant falsehoods on the net regarding this issue. Obama did NOT pray with the Muslims, as the article on snopes.com shows. The final sentence should have made that clear, instead of repeating another wild-eyed accusation and then dropping it. Bad journalism, or bad editorial decision.
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