National Day of Prayer: Federal Judge Says No

[Tiassa]

Alright, I may be ready to add U.S. Western District Senior Judge Barbara Crabb to my list of hopeful nominees for the Supreme Court. Specifically, Judge Crabb yesterday ruled that the National Day of Prayer is unconstitutional:

A federal judge in Wisconsin ruled the National Day of Prayer unconstitutional Thursday, saying the day amounts to a call for religious action.

U.S. District Judge Barbara Crabb wrote that the government can no more enact laws supporting a day of prayer than it can encourage citizens to fast during Ramadan, attend a synagogue or practice magic.

"In fact, 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," Crabb wrote.

Congress established the day in 1952 and in 1988 set the first Thursday in May as the day for presidents to issue proclamations asking Americans to pray. The Freedom From Religion Foundation, a Madison-based group of atheists and agnostics, filed a lawsuit against the federal government in 2008 arguing the day violated the separation of church and state.

President Barack Obama's administration has countered that the statute simply acknowledges the role of religion in the United States. Obama issued a proclamation last year but did not hold public events with religious leaders as former President George W. Bush had done.

Crabb wrote that her ruling shouldn't be considered a bar to any prayer days until all appeals are exhausted. U.S. Justice Department attorneys who represented the federal government in the case were reviewing the ruling Thursday afternoon, agency spokesman Charles Miller said. He declined further comment.

Obama spokesman Matt Lehrich said in an e-mail to The Associated Press the president still plans to issue a proclamation for the next prayer day.

"As he did last year, President Obama intends to recognize a National Day of Prayer," Lehrich said.

(Richmond)

Um ... hallelujah?
____________________

Notes:

Richmond, Todd. "Federal judge rules Day of Prayer unconstitutional". Associated Press. April 15, 2010. SeattlePI.com. April 16, 2010. http://www.seattlepi.com/national/11...of_prayer.html

[sandy]

Yeah, a whole MONTH for black history but not one day for prayer. Nice.

[Tiassa]

Yeah, a whole MONTH for black history but not one day for prayer. Nice.

Telling. Says something about your criteria, eh?

Ever hear of something called the First Amendment to the Constitution of the United States? There's nothing that says Congress cannot declare a Religious History Month. And, hey, I'd even be down with that. Americans are generally clueless about religion, including their own.

[Sarkus]

Wow - I prayed so hard for this day!

[Tiassa]

Wow - I prayed so hard for this day!

Well, it's not over yet. We'll have to see about the composition of the Supreme Court after Stevens' replacement is confirmed.

Keep praying, I guess.

[Grim_Reaper]

I am all for a National day of Prayer as long as it can be followed by a national day of you gotta be kidding.

[Tiassa]

How about a National Day of Objective Consideration?

[Sarkus]

National Day of Obeying the Laws of Probability?

[Cowboy]

Yeah, a whole MONTH for black history but not one day for prayer. Nice.

I think both are inappropriate, but for different reasons. One involves the 1st Amendment; the other, the 14th.

[CutsieMarie89]

Yeah, a whole MONTH for black history but not one day for prayer. Nice.

Why is this issue even big enough to go to court? No one makes you pray on national prayer day and no one bans all other races' history during the month of February. If you don't like it don't particpate.

[Pandaemoni]

Why is this issue even big enough to go to court? No one makes you pray on national prayer day and no one bans all other races' history during the month of February. If you don't like it don't particpate.

I agree. The only argument is that it "promotes" religion over non-religion, because it sure doesn't mandate anything. But promotion of religion in a generic way is surely more noticeable on the money of the United States, and that seems to survive challenges.

[sandy]

Obama is going to recognize the day of prayer. He knows the backlash if he doesn't.
http://www.examiner.com/x-4383-Portl...-Day-of-Prayer

[superstring01]

Obama is going to recognize the day of prayer. He knows the backlash if he doesn't.
http://www.examiner.com/x-4383-Portl...-Day-of-Prayer

Duh. He's a politician. More importantly, he knows full well that the SCOTUS--which obsesses about 1st and 14th amendments--will toss it out. He can sit back, play the game, make bitchy Christian fundamentalists happy for a second, while knowing full well that justice will be done and the Constitution will be upheld.

I mean, what the hell could be clearer: "Congress shall make no law respecting an establishment of religion. . ."

~String

[Doreen]

I wonder if they'll get around to the pledge of allegiance. It has 'under god' in it, not that this concerns me as much as the little ceremony.

[soullust]

yay more national holidays,

yippee more days ppl sit on there asses, getting paid, forcing prices up because of lost revenue...

God help us, were either getting really stunned or, we want to become poverty stricken countries with only the rich being able to afford the joys and necessities of life...

[Asguard]

hey, you could replace it with this

NATIONAL COMPLIMENTS DAY - CHANGE SOMEONE’S WORLD with WORDS!
February 27, 2009, 5:39 pmgirlfriend

National Compliments Day 16 April!
We have taken our Think.Do.Be. Positive campaign to the streets!


Buzz up!
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Join Girlfriend in starting a kindness revolution by celebrating National Compliments Day this 16 April!

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[superstring01]

I wonder if they'll get around to the pledge of allegiance. It has 'under god' in it, not that this concerns me as much as the little ceremony.

Is the pledge legally observed?

~String

[Norsefire]

I wonder, can states pass their own official religions? Or does that law apply to state and federal government?


And why does no one fuss about the State constitutions' having "God" in them?


-------------
Alabama 1901, Preamble. We the people of the State of Alabama, invoking the
favor and guidance of Almighty God, do ordain and establish the following
Constitution ..

Alaska 1956, Preamble. We, the people of Alaska, grateful to God and to
those who founded our nation and pioneered this great land ..

Arizona 1911, Preamble. We, the people of the State of Arizona, grateful to
Almighty God for our liberties, do ordain this Constitution...

Arkansas 1874, Preamble. We, the people of the State of Arkansas, grateful
to Almighty God for the privilege of choosing our own form of government...

California 1879, Preamble. We, the People of the State of California,
grateful to Almighty God for our freedom .

Colorado 1876, Preamble. We, the people of Colorado, with profound reverence
for the Supreme Ruler of Universe .

Connecticut 1818, Preamble. The People of Connecticut, acknowledging with
gratitude the good Providence of God in permitting them to enjoy ...

Delaware 1897, Preamble. Through Divine Goodness all men have, by nature,
the rights of worshipping and serving their Creator according to the
dictates
of
their consciences .

Florida 1845, Preamble. We, the people of the State of Florida, grateful to
Almighty God for our constitutional liberty ... establish this
Constitution...

Georgia 1777, Preamble. We, the people of Georgia, relying upon protection
and guidance of Almighty God, do ordain and establish this Constitution...

Hawaii 1959, Preamble. We, the people of Hawaii, Grateful for Divine
Guidance . establish this Constitution

Idaho 1889, Preamble. We, the people of the State of Idaho, grateful to
Almighty God for our freedom, to secure its blessings ..

Illinois 1870, Preamble. We, the people of the State of Illinois, grateful
to Almighty God for the civil, political and religious liberty which He hath
so
long permitted us to enjoy and looking to Him for a blessing on our
endeavors
.

Indiana 1851, Preamble. We, the People of the State of Indiana, grateful to
Almighty God for the free exercise of the right to chose our form of
government
..

Iowa 1857, Preamble. We, the People of the State of Iowa, grateful to the
Supreme Being for the blessings hitherto enjoyed, and feeling our dependence
on Him for a continuation of these blessings ... establish this Constitution

Kansas 1859, Preamble. We, the people of Kansas, grateful to Almighty God
for our civil and religious privileges . establish this Constitution.

Kentucky 1891, Preamble. We, the people of the Commonwealth of grateful to
Almighty God for the civil, political and religious liberties...

Louisiana 1921, Preamble. We, the people of the State of Louisiana, grateful
to Almighty God for the civil, political and religious liberties we enjoy ..

Maine 1820, Preamble. We the People of Maine .. acknowledging with grateful
hearts the goodness of the Sovereign Ruler of the Universe in affording us
an opportunity ... and imploring His aid and direction

Maryland 1776, Preamble. We, the people of the state of Maryland, grateful
to Almighty God or our civil and religious liberty...

Massachusetts 1780, Preamble. We...the people of Massachusetts,
acknowledging with grateful hearts, the goodness of the Great Legislator of
the
Universe...in the course of His Providence, an opportunity and devoutly
imploring His
direction ...

Michigan 1908, Preamble. We, the people of the State of Michigan, grateful
to Almighty God for the blessings of freedom ... establish this Constitution

Minnesota, 1857, Preamble. We, the people of the State of Minnesota,
grateful to God for our civil and religious liberty, and desiring to
perpetuate
its
blessings

Mississippi 1890, Preamble. We, the people of Mississippi in convention
assembled, grateful to Almighty God, and invoking His blessing on our work.

Missouri 1845, Preamble. We, the people of Missouri, with profound reverence
for the Supreme Ruler of the Universe, and grateful for His goodness ..
establish this Constitution ..

Montana 1889, Preamble. We, the people of Montana, grateful to Almighty God
for the blessings of liberty establish this Constitution ..

Nebraska 1875, Preamble. We, the people, grateful to Almighty God for our
freedom .. establish this Constitution

Nevada 1864, Preamble. We the people of the State of Nevada, grateful to
Almighty God for our freedom . establish this Constitution ..

New Hampshire 1792, Part I. Art. I. Sec. V. Every individual has a natural
and unalienable right to worship God according to the dictates of his own
conscience .

New Jersey 1844, Preamble. We, the people of the State of New Jersey,
grateful to Almighty God for civil and religious liberty which He hath so
long permitted us to enjoy, and looking to Him for a blessing on our
endeavors
.

New Mexico 1911, Preamble. We, the People of New Mexico, grateful to
Almighty God for the blessings of liberty ..

New York 1846, Preamble. We, the people of the State of New York, grateful
to Almighty God for our freedom, in order to secure its blessings .

North Carolina 1868, Preamble. We the people of the State of North Carolina,
grateful to Almighty God, the Sovereign Ruler of Nations, for our civil,
political, and religious liberties, and acknowledging our dependence upon
Him for the continuance of those

North Dakota 1889, Preamble. We, the people of North Dakota, grateful to
Almighty God for the blessings of civil and religious liberty, do ordain...

Ohio 1852, Preamble. We the people of the state of Ohio, grateful to
Almighty God for our freedom, to secure its blessings and to promote our
common
..

Oklahoma 1907, Preamble. Invoking the guidance of Almighty God, in order to
secure and perpetuate the blessings of liberty ... establish this

Oregon 1857, Bill of Rights, Article I. Section 2. All men shall be secure
in the Natural right, to worship Almighty God according to the dictates of
their consciences .

Pennsylvania 1776, Preamble. We, the people of Pennsylvania, grateful to
Almighty God for the blessings of civil and religious liberty, and humbly
invoking His guidance

Rhode Island 1842, Preamble. We the People of the State of Rhode Island
grateful to Almighty God for the civil and religious liberty which He hath
so long permitted us to enjoy, and looking to Him for a blessing

South Carolina, 1778, Preamble. We, the people of the State of South
Carolina grateful to God for our liberties, do ordain and establish this
Constitution

South Dakota 1889, Preamble. We, the people of South Dakota, grateful to
Almighty God for our civil and religious liberties . establish this

Tennessee 1796, Art. XI.III. That all men have a natural and indefeasible
right to worship Almighty God according to the dictates of their
conscience...

Texas 1845, Preamble. We the People of the Republic of Texas, acknowledging,
with gratitude, the grace and beneficence of God

Utah 1896, Preamble. Grateful to Almighty God for life and liberty, we
establish this Constitution .

Vermont 1777, Preamble. Whereas all government ought to ... enable the
individuals who compose it to enjoy their natural rights, and other
blessings which the Author of Existence has bestowed on man ...

Virginia 1776, Bill of Rights, XVI ... Religion, or the Duty which we owe
our Creator . can be directed only by Reason ... and that it is the mutual
duty
of all to practice Christian Forbearance, Love and Charity towards each
other
...

Washington 1889, Preamble. We the People of the State of Washington,
grateful to the Supreme Ruler of the Universe for our liberties, do ordain
this
Constitution .

West Virginia 1872, Preamble. Since through Divine Providence we enjoy the
blessings of civil, political and religious liberty, we, the people of West
Virginia .. reaffirm our faith in and constant reliance upon God .

Wisconsin 1848, Preamble. We, the people of Wisconsin, grateful to Almighty
God for our freedom, domestic tranquility

Wyoming 1890, Preamble. We, the people of the State of Wyoming, grateful to
God for our civil, political, and religious liberties ... establish this
Constitution .


source: http://www.truthorfiction.com/rumors...stitutions.htm

[Tiassa]

I wonder, can states pass their own official religions? Or does that law apply to state and federal government?

There are Supreme Court rulings to illuminate such questions. And the answer is pretty much, "No, they can't."

I'll tell you what I wonder, though: I wonder why so many people—it's not just you, Norse—ask certain questions without having researched possible answers. Or is it that people have become so literal-minded that they cannot infer the answer from the various related outcomes before the Court?

And why does no one fuss about the State constitutions' having "God" in them?

I would guess that nobody has gotten around to it yet. And it's a bit harder an argument to make, for lesser gains in the end. In 1776, or 1911, sure, people believed in God, and thanked divinity or invoked it as witness to their state constitutions. But that's as far as it goes. What would be the point of censoring people who are long dead? There are far more vital issues to consider where state and church are concerned.

[Norsefire]

So people don't believe in God today, Tiassa?