Is National Prayer Day Unconstitutional?

Wisconsin Federal Judge Says Yes

The National Day of Prayer has been honored in the United States for more than a half-century.  In a 66-page opinion issued Thursday, U.S. District Judge Barbara Crabb said the holiday violates the "establishment clause" of the First Amendment, which creates a separation of church and state.

"I understand that many may disagree with that conclusion and some may even view it as a criticism of prayer or those who pray," Crabb said in her opinion. "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 only issue decided in this case is that the federal government may not endorse prayer in a statute," Crabb said.  The Justice Department would not say whether it expects to appeal Crabb's ruling.  "We are reviewing the court's decision," a Justice Department spokesman said.

"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," said Jay Sekulow, chief counsel of the ACLJ.

 "This decision runs counter to well established legal precedent and we're confident that this flawed decision ultimately will be overturned. We will be filing a brief representing members of Congress challenging this federal district court decision in the U.S. Court of Appeals for the Seventh Circuit,” Sekulow said in a statement.

“If the appeals court fails to reverse this decision, we're confident the Supreme Court will hear the case and ultimately determine that such proclamations and observances like the National Day of Prayer not only reflect our nation's rich history, but are indeed consistent with the Establishment Clause of the First Amendment," he added.

“If the National Day of Prayer is unconstitutional, then the Constitution itself if unconstitutional,” Mathew Staver, president of Liberty Counsel and dean of the Liberty University School of Law in Lynchburg, Va., said. 

 “The National Day of Prayer – or prayer itself – is older than the Constitution,” Staver said. “There is no question (this ruling) will be overturned by the U.S. Supreme Court.”

The U.S. Bill of Rights Amendment I states, 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.

How can any judge say that Article I prevents a National Prayer Day?   It doesn’t establish a religion.  The left wants religion out of America.  Socialism doesn’t work well when people are Christians.

Will socialist Barack Hussein Obama and Attorney General Eric Holder fight for freedom of religion?  Will the Obama administration appeal Judge Crabb’s ruling?  Evidence doesn’t show Obama and Holder will stand up for religion.
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