Political Hotsheet
By

Brian Montopoli /

CBS News/ April 14, 2011, 3:49 PM

National Day of Prayer ruled constitutional

President Barack Obama speaks at church services at Vermont Avenue Baptist Church in Washington.

/ AP

Last April, federal judge Barbara Crabb found that the National Day of Prayer is unconstitutional, writing that 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."

Today, however, a federal appeals court panel voted 3-0 to overturn that ruling. The decision was based on the finding that the group that challenged the law did not have standing to do so.

The lawsuit was brought 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 National Day of Prayer was established by Congress in 1952, and in 1988 was set as the first Thursday in May. By law, the president must proclaim a national day of prayer every year. Despite the initial ruling President Obama proclaimed a National Day of Prayer last year; in his proclamation, he said in part, "In prayer, we have expressed gratitude and humility, sought guidance and forgiveness, and received inspiration and assistance, both in good times and in bad." He also called on Americans to "pray, or otherwise give thanks, in accordance with their own faiths and consciences, for our many freedoms and blessings."

The administration, which appealed the initial ruling, argued that the National Day of Prayer was legal because it simply acknowledged the role of religion in the United States. The ruling finding the day unconstitutional sparked outrage last year from some lawmakers, among them Texas Republican Lamar Smith, who asked, "What's next? Declaring the federal holiday for Christmas unconstitutional?"

In asserting that the Freedom From Religion Foundation lacked standing, the U.S. Court of Appeals for the 7th Circuit said that "unless all limits on standing are to be abandoned, a feeling of alienation cannot suffice as injury in fact." It found there was no injury in part because the proclamation can essentially be ignored by an individual.

The Freedom From Religion Foundation said it would seek a rehearing before the full appeals court.

"Congress and the president of the United States have no business telling me or any other citizen to pray, 'to turn to God in prayer at churches,' much less setting aside an entire day for prayer every year and even telling me what to pray about," said Foundation Co-President Annie Laurie Gaylor.

The social conservative group The Family Research Council, meanwhile, applauded the ruling.

"Today's ruling sends a message to Judge Barbara Crabb and any other activist judge who would rewrite the Constitution to advance a hostile treatment of religion in public life," said the group's president, Tony Perkins.

© 2011 CBS Interactive Inc. All Rights Reserved.
41 Comments Add a Comment
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johngarvey says:
This is one more reason Tea Partiers and Republicans should get a life. Do they believe a day of prayer will improve anything ? Just because our economic and war problems are too complicated for members of Congress to solve, don't believe that granting a day of prayer will make me forgive even one of your lazy rearends
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brandon_long says:
You cant call it unconstitutional if the constitution was built upon it. whe the founders of America left England it was so they could worship God without persecution, for their freedom of religion. Now everyone assumes that to mean you can believe what ever you want and look at where that has gotten America. And through my experience all atheist beleive in God, when you get them cornered right they all call out "Oh, God help me."
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kilingtonskier replies:
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I am an Agnostic that will never Worship a God that indifferently watches over his children's slaughter.

And --THINK about it---WHO SAID GOD SAID?----- Man said it! AND--We can all be "Gods of love--because we (mankind) is where the word and feelings come from--we EVOLVED into what we are. Darwin is my God--he was a kind father, a wonderful husband, a good provider and an Atheist. Darwin (nor I or any other decent human being) would not turn a blind eye to the likes of the Holocaust .

On my death bed I will remain an Agnostic (one who does not know how this all happened) and a Humanist!
dragonres replies:
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What BS! Yeah, some of the early settlers came to America to flee religious persecution but the vast majority came here for other reasons. New opportunities, exile, fleeing criminal prosecution, free land, etc were more often the reason. And, NO! the Constitution wasn't built on it. And, YES! it means everyone can believe whatever they want even if you don't agree with them. As for your statement, "my experience all atheist beleive in God..." That is also pure BS.
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johngarvey says:
You mention groundhog day, while I will mention Flag day. For both of those holidays, there is an object that we agree to observe. Prayer day does not guarantee we will be observing the same belief or object. Therefore, it is unwia
se to make it a national holiday
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johngarvey says:
There is plenty wrong with a National Prayer Day. For one thing, what if your prayer is not my prayer, yet we both believe that saying or thinking MY prayer or YOUR prayer is the only way to become holy, or become one with MY savior or YOUR God. Also, it is hard for you people who are suggesting an NPD that you are not on the path to declaring a National Religion.
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TomDenver11 replies:
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It's funny you say that John, because I'm currently in the process of losing my religion. However, as a human being, I respect everyone's right to their beliefs, and it's nice to live in a country that respects and embraces everyone's beliefs. It's nice to have a day that recognizes a spiritual aspect of our lives. Of course, if I don't want to, I don't have to participate. It seems to me that those who want to undermine something like this have a malicious intent, more than just a personal disbelief in it.
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documemts says:
......Pray for it to go away.
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johngarvey says:
I am a Christian, but there's no way in hell that I believe Mary gave birth to a child as a virgin, Christ rose from the dead, and then moved his bowels, or any of that Christian stuff. Why do I tell you this ? The framers of the constitution may have been practicing faiths that they did not agree with, which might be how more people actually are.
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TomDenver11 says:
Why can't the atheists just consider "Atheism" to be their religion? Why can't they just have a "Day of Reason" or something like that on the National Day of Prayer? Why can't they recognize that the vision of the NDP is all-inclusive? Why can't they be respectful of others as they would want others to respect them? How would they feel if their viewpoint were declared "unconstitutional"? Do they have no empathy or common sense?

One dictionary definition of "prayer" is "an earnest hope or wish." Do these people have no hopes or wishes? If that's the case, they must live a totally miserable existence.
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johngarvey replies:
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The word, " respect ", is mentioned in your letter. In my opinion, should an atheist be told this is every American's National Day of Prayer, when the atheist, herself or himself, considers, hopes, or asks, whatever God or spirit, to answer their questions about what happens to their life after death, or what happens to their teen boyfriend or girlfriend, whose life tragically ended by an auto accident, or caused by someone's, or their own drunk driving, or their death in a war that should not have been, if diplomacy had been given its proper respect.
dragonres replies:
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"Why can't the atheists just consider "Atheism" to be their religion?"
Because it isn't. Most atheists I know don't care if you believe in a god or want to pray but they resent your using government to promote your beliefs. Is your faith so poor that you need the government to support it? And, yes, we have such things as a "Day of Reason" but we don't go having Congress or the President proclaim them. Yes, one dictionary definition of "prayer" is "an earnest hope or wish." but that isn't what we are talking about in this case, is it?
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lucifersshadow says:
The idiots in Washington need do no more to convince us that they are totally incompetent. What the religio-molesters fail to realize is that the more they try to FORCE religion down the throats of the "infidels", the more people they will drive away. Let the religio-nazis have their day of prayer, it will do nothing to help them in their morally and intellectually depraved state. They somehow believe that the truth comes to you as an epiphany, like a cheap prostitute in the night, but one does not learn truth without exploring thoroughly all possibilities and questions.
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johngarvey replies:
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I think you would like a song by the Rolling Stone, " Sympathy for the Devil ". Your comment was far more a piece of learning than anything I have ever read in a bible, newspaper, or magazine. Thank you, for sharing your opinion
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slatep says:
To: Freedom From Religion Foundation

The Constitution guarantees everyone the right to religious freedom.

This means it also gives you the right not to practice religion.

Freedom of speech gives you the right to express your opinion, but it does not give you the right to force your views down another person's throat.

Waste your money filing all the law suits you want.

No federal judge has the right to declare wether or not public prayer is or is not constitutional.

Our founding fathers declared this our right a long time ago.

Only a Constitutional Amendment can change this.

Good luck trying to bring this about.
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johngarvey replies:
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Do I sense you believe that some people are acting like a dog chasing her or his tail ?
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cambry1 says:
Religion is kind of like a mean dog. The family who ownes it just loves it and can't imagine it being harmful, even if it is known to bite outsiders.
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johngarvey replies:
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Teriffic analogy. Obviously you went to a !@#$%^&* school. As you know, I have nothing but compliments to you for sharing your awe inspiring opinion with less than two lines. Don't worry about the symbols. They are the typing of the numbers 1 to 8 with the shift typing key held down. Thank you for sharing your wise opinion.
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