ACLJ Asks Federal Appeals Court to Uphold Dismissal of Atheist Lawsuit Challenging Inaugural Prayer

“This lawsuit is just one more attempt to carry on a relentless crusade to purge all religious expression in the federal government.” - Jay Sekulow, chief counsel of the ACLJ

WASHINGTON, Oct. 15, 2009—The nation's top conservative public interest law firm is asking a federal appeals court to keep God in presidential inaugurations. 

The American Center for Law and Justice (ACLJ) filed the amicus brief today, urging the U.S. Court of Appeals for the District of Columbia to uphold the dismissal of a lawsuit challenging the phrase "so help me God" in the presidential inaugural oath and in prayers at the inauguration ceremony.  A lower court had rejected the lawsuit in January, which had been filed by some 30 plaintiffs including California atheist Michael Newdow.

"The federal district court correctly dismissed this suit and we're confident that the federal appeals court will uphold that decision," said Jay Sekulow, chief counsel of the ACLJ.  "This legal challenge has no merit and is nothing more than a continuation of a flawed attempt to remove all religious references and observances from American public life.  This continuing challenge has wasted untold judicial resources-resources that are clearly needed in cases involving real threats to American liberties."

In its brief, the ACLJ argues that the legal challenge is without merit and urges the appeals court to affirm the lower court decision dismissing Newdow's suit.  Specifically, the amicus brief states that "Newdow has filed no less than nine lawsuits, and has wasted untold judicial resources.  His targeting of religious expression at Presidential inaugurations is particularly meritless given the controlling decision of the Supreme Court of the United States in Marsh v. Chambers, 463 U.S. 783 (1983)."  Read the full amicus brief here. 

In January, just days before the presidential inauguration, a federal district court rejected Newdow's challenge and refused to block the inaugural prayer saying the plaintiffs lacked standing because they failed to show harm as a result of the prayers.  The ACLJ also filed an amicus brief with the federal district court in January arguing that Newdow's suit "must not be permitted to move forward" noting that references to God at inaugurations date back to the very origins of this country.  Read the full amicus brief filed in January here.

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.  The ACLJ's online newsroom can be accessed at www.DeMossNews.com/aclj.

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