ILNews

Indiana joins fight for National Day of Prayer

Back to TopE-mailPrintBookmark and Share

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whether the ruling by the Wisconsin District Court finds Memorial Day to be unconstitutional as well because it was originally enacted as a day for people to pray for peace.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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT