National Day of Prayer

The United States' annual National Day of Prayer occurs on the first Thursday in May and is an observance where people of different faiths are encouraged to pray for the country. The National Day of Prayer was designated by Congress in 1952 under President Harry Truman.NDPTF: National Day of Prayer Mission

A district judge in Madison, Wisconsin, decided to move ahead in a case that claims the National Day of Prayer to be unconstitutional. The Obama Administration filed for a motion to have the case dismissed, but District Judge Barbara Crabb ruled the dismissal request premature.The Associated Press: US judge refuses to dismiss 'Day of Prayer' suit (May 29, 2009)

A United States Federal Court Judge ruled that the National Day of Prayer was unconstitutional on April 15, 2010.http://www.foxnews.com/politics/2010/04/15/federal-judge-rules-day-prayer-unconstitutional/ Judge Barbara Brandriff Crabb who made the ruling currently presides over the United States District Court for the Western District of Wisconsin. Crabb's ruling came as the conclusion to a lawsuit filed by the FFRF, or the Freedom From Religion Foundation. Composed mainly of atheists and agnostics, the FFRF and its members originally filed the complaint with the court near the end of George W. Bush's second presidential term.http://www.foxnews.com/politics/2010/04/15/federal-judge-rules-day-prayer-unconstitutional/

The lawyers representing the Freedom From Religion Foundation argued in court that the Constitution's First Amendment guarantee of separation of church and state had been violated. The organization argued that the National Day of Prayer established by Congress in 1952 was therefore unconstitutional. The day has taken place on the first Thursday of May since 1988 when the U.S. Congress established it as such.

The Rulling

Crabb stated in her ruling that "some forms of 'ceremonial deism,' such as legislative prayer, do not violate the establishment clause." She continued, talking about how, in this case:

• [The National Day Of Prayer] 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. In this instance, the government has taken sides on a matter that must be left to individual conscience.http://www.centerforinquiry.net/blogs/entry/federal_court_rules_national_day_of_prayer_unconstitutional/

Current Status

Judge Crabb, in addition to her official opinion, issued an order that would enjoin the U.S. Government from enforcing the statute. This will not have an immediate impact, however, for at least two reasons:

• First, Judge Crabb's injunction will not go into effect until the defendants are able to appeal the case.
• Second, the Judge's decision—even if it went into effect immediately—would only apply within the jurisdiction of the Western District of Wisconsin.

Because Crabb presides over a United States District Court, her ruling might encourage other individuals to file similar legal complaints within other Court Districts of the United States. As it turns out, the current case could conceivably make its way up the United States Supreme Court. If that occurred, the decision reached by the [Supreme Court]] Justices would become the so-called "supreme law of the land", and would therefore be enforceable throughout the entire United States.http://www.america.gov/st/usg-english/2008/April/20080415234710eaifas0.2570917.html

The Federal Statute that established the National Day of Prayer—(36 U.S.C. § 119)—states the following:

• 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.http://www.law.cornell.edu/uscode/uscode36/usc_sec_36_00000119----000-.html

For eight years President George W. Bush honored the National Day of Prayer a formal White House event. In his first year in office, President Barack Obama decided to mark the day with a proclamation. A White House spokesperson commented, "President Obama is a committed Christian and believes that we should be engaging Americans of faith in efforts to renew our country. He is following the tradition of Presidents Reagan, George H. W. Bush, and others by signing a proclamation honoring the National Day of Prayer, while continuing to work with communities of faith to improve our country." Obama's decision to privately observe National Prayer day sparked controversy among various religious groups.FOXNews.com: Obama...Observe National Day of Prayer Privately Draws Criticism (May 7, 2009)US News: The White House on National Day of Prayer (May 1, 2009)