Court Decision Declaring National Day of Prayer Unconstitutional Is ‘Flawed’

“This issue could very well be decided by the next appointee to the high court.” - Jay Sekulow, Chief Counsel American Center for Law and Justice

WASHINGTON, April 15, 2010—A federal district court in Wisconsin made the wrong decision when it declared the National Day of Prayer unconstitutional, according to the nation's leading conservative public interest law firm.  The American Center for Law and Justice (ACLJ) which represented 31 members of Congress in defending the National Day of Prayer, also expressed confidence that the decision will be overturned.

"It is unfortunate that this court failed to understand that a day set aside for prayer for the country represents a time-honored tradition that does not violate the First Amendment - it embraces it," said ACLJ Chief Counsel Jay Sekulow.  "This decision runs counter to well-established legal precedent and we're confident that this flawed decision ultimately will be overturned." 

"We will be filing a brief representing members of Congress challenging this federal district court decision in the U.S. Court of Appeals for the Seventh Circuit.  If the appeals court fails to reverse this decision, we're confident the Supreme Court will hear the case and ultimately determine that such proclamations and observances like the National Day of Prayer not only reflect our nation's rich history, but are indeed consistent with the Establishment Clause of the First Amendment," said Sekulow.

In a decision released today, U.S. District Judge Barbara B. Crabb declared the National Day of Prayer unconstitutional.  The decision comes in the case filed by The Freedom From Religion Foundation (FFRF), a Wisconsin-based organization, which challenged 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.

"This is the first step in what could be a lengthy legal process that ultimately puts this issue before the Supreme Court," said Sekulow. "This issue could very well be decided by the next appointee to the high court.  An issue like this underscores the importance of why it's so critical for the nominee to answer direct questions about their judicial philosophy, how they view the role of judges, and their view of the rule of law."

In its brief filed with the federal district court in Madison, Wisconsin, the ACLJ noted that the country has a long history of recognizing a national day of prayer dating back to the late 1700s when the Continental Congress recommended that states set apart a day for prayer and thanksgiving.  The brief argues 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 amicus brief is available here:  http://www.aclj.org/media/pdf/ACLJAmicibrief-Final.pdf

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.