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Indiana joins fight for National Day of Prayer

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Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal law providing for a National Day of Prayer violates the Establishment Clause.

The amicus brief before the 7th Circuit Court of Appeals, authored by the Texas Attorney General and others, argues the ruling calls into question the traditional state practice of issuing proclamations acknowledging their residents may choose to pray together during difficult times, and state proclamations issued in conjunction with the National Day of Prayer.

The brief also says that providing for a day of prayer is constitutional because the law doesn’t require the engagement in any religious activity of any kind by any person or governmental body. It also calls into question whether the ruling by the Wisconsin District Court finds Memorial Day to be unconstitutional as well because it was originally enacted as a day for people to pray for peace. The National Day of Prayer statute was enacted in 1952.

Indiana is one of 29 states that signed the Texas amicus brief. Other nearby state signers include Illinois, Michigan, and Ohio.

The suit was filed by the Freedom From Religion Foundation - a Madison, Wisc.-based group working for separation of church and state - against President Barack Obama and White House Press Secretary Robert Gibbs, challenging the authority of the president to designate the first Thursday in May as a National Day of Prayer. Judge Barbara B. Crabb ruled in April that 36 U.S.C. Section 119 is unconstitutional.

“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,” she wrote in the opinion. “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. Rather, it is part of the effort to ‘carry out the Founders' plan of preserving religious liberty to the fullest extent possible in a pluralistic society.” McCreary County, 545 U.S. at 882 (O'Connor, J., concurring).’”

Oral arguments in the appeal have not been set, according to the court docket.
 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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