Atheist Challenge To National Day Of Prayer Falls Short

By Douglas V. Gibbs

A proclamation is not a law. The executive branch has no legislative powers. Therefore, the National Day of Prayer is not unconstitutional. No law was passed requiring participation, and besides, no particular religion is offered anyway.

Nonetheless, atheists took the National Day of Prayer, claiming it violates the establishment clause, to court. A federal appeals court tossed the challenge to the proclamation, rejecting the arguments because there was no legal injury. . . just hurt feelings.

"We're extremely pleased that the appeals court rejected a flawed decision and determined that while some may disagree with a presidential proclamation, they do not have the right to silence the speech they don't agree with," said Jay Sekulow, chief counsel for the American Center for Law and Justice.

"The appeals court correctly concluded that the plaintiffs lacked standing to challenge the National Day of Prayer. This decision represents a victory for our nation's heritage and history – protecting a long-standing tradition that's been a part of our country for centuries," he said.

The court found "the 'psychological consequences presumable produced by observation of conduct with which one disagrees' is not an 'injury' for the purpose of standing … Plaintiffs have not altered their conduct one whit or incurred any cost in time or money. All they have is disagreement with the president's action. But unless all limits on standing are to be abandoned, a feeling of alienation cannot suffice as injury in fact."

Prayer goes all the way back to the founding of this nation. In fact, Benjamin Franklin recommended prayer before each session of the Constitutional Convention. Later, prayer began each session of Congress as a result of Franklin's letter suggesting prayer. In 1952 President Harry Truman established an annual National Day of Prayer. It was amended in 1988 by President Ronald Reagan, making the day of the event the first Thursday in May each year.

The tradition of designating an official day of prayer began with the Continental Congress in 1775, after which George Washington issued a National Day of Thanksgiving Proclamation.

Historically, all 50 governors have issued proclamations in honor of the National Day of Prayer.

-- Political Pistachio Conservative News and Commentary

LETTER: Ben Franklin’s ‘Appeal for Prayer’ - The Morning Journal

History of the National Day of Prayer - Religious Tolerance

Court to atheists: Gee, sorry about your 'hurt feelings': Tosses challenge to 'National Day of Prayer' based on 'offense' - World Net Daily