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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whether the ruling by the Wisconsin District Court finds Memorial Day to be unconstitutional as well because it was originally enacted as a day for people to pray for peace.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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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