ACLJ and Members of Congress Ask Federal Court to Dismiss Lawsuit Challenging National Day of Prayer

Nation’s Top Conservative Public Interest Law Firm Cites the History— and Defends the Constitutionality—of the National Day of Prayer

WASHINGTON, March 20, 2009—Representing 31 members of Congress, the American Center for Law and Justice (ACLJ) announced today it has filed a friend-of-the-court brief asking a federal court to dismiss a lawsuit challenging the National Day of Prayer.  The ACLJ's brief, posted at www.aclj.org, contends that the establishment of the National Day of Prayer is "deeply embedded in the tradition and history of this country," and that such a proclamation and observance does not violate the Establishment Clause of the First Amendment.  

 

"This is another twisted legal attempt to remove prayer from public life," said Jay Sekulow, chief counsel of the ACLJ.  "The fact is that a day set aside for prayer for the country is a time-honored tradition woven into the very fabric of our nation.  From the time of our Founding Fathers to the present day, such proclamations and observances reflects the nation's rich history.  The courts have been clear on this issue: there is no constitutional crisis here.  We're hopeful that the court will take the only action appropriate in this case and dismiss this lawsuit."

 

The Freedom From Religion Foundation (FFRF), a Wisconsin-based organization, filed a federal lawsuit challenging the constitutionality of a 1988 federal law giving the President the authority to designate the first Thursday in May as a National Day of Prayer.

 

In its brief filed with the court in Madison, Wisconsin, the ACLJ represents itself and 31 members of the 111th Congress-including Rep. J. Randy Forbes of Virginia, who chairs the Congressional Prayer Caucus.

 

The ACLJ also represents the following U.S. Representatives who are serving in the 111th Congress:  Robert B. Aderholt, Michele Bachmann, Roscoe G. Bartlett, John A. Boehner, John Boozman, Eric Cantor, K. Michael Conaway, Mary Fallin, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Wally Herger, Peter Hoekstra, Walter B. Jones, Jim Jordan, Doug Lamborn, Thaddeus G. McCotter, Patrick T. McHenry, Mike McIntyre, Jeff Miller, Sue Wilkins Myrick, Randy Neugebauer, Pete Olson, Mike Pence, Joseph R. Pitts, Heath Shuler, Adrian Smith, Lamar Smith and Joe Wilson.

 

The ACLJ's brief notes that the country has a long history of recognizing a national day of prayer dating back to the late 1700's when the Continental Congress recommended that the states set apart a day for prayer and thanksgiving.  The brief also cites that such requests were made by our nation's Founding Fathers-including Benjamin Franklin and George Washington.  Even the drafter of the First Amendment himself, James Madison, issued four proclamations in the early 1800's calling the nation to a day of prayer.  The brief also notes that since the country's inception, nearly every president has issued proclamations calling the nation to pray for a variety of purposes.  The brief states that "the historical evidence establishing a National Day of Prayer as deeply embedded in the tradition and history of this country is indisputable."

 

The ACLJ's brief states:  "Despite the long history of official government acknowledgment of the role of religion in American life, there are still those who, like FFRF, seek ‘relentless extirpation' of all religious expression and reference from public life."  The ACLJ contends that the "strategy to purge all religious observances and references from American public life must not be indulged."

 

In addition to the history of the National Day of Prayer, the ACLJ's brief also argues that there are numerous legal decisions-including Supreme Court precedent-backing the constitutionality of the observance.  The ACLJ contends that the FFRF's legal arguments are foundationally flawed and would place at risk numerous historic religious expressions and works of art in the nation's Capitol.   "The United States Supreme Court's Establishment Clause jurisprudence cannot be properly understood to require the removal of these historic religious expressions," the ACLJ brief contends, "nor does it require invalidation of the National Day of Prayer."

 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  

 

-30-

Go Back