From
Wikipedia:
Observance
The constitutionality of
the National Day of Prayer was unsuccessfully challenged
in court by
the Freedom
From Religion Foundation after
their first attempt was unanimously dismissed by a federal appellate
court in April 2011.[4][5]
The
National Day of Prayer is celebrated by Americans of many religions,
including Christians of
many denominations, including Protestants and Catholics,
as well as Sikhs,Muslims, Hindus,
and Jews,[6] reflecting
the demographics
of the United States.[7] On
the National Day of Prayer, many Americans assemble in prayer in
front of courthouses, as well as in houses of worship, such as
churches, mosques, synagogues, and temples.[8] Luncheons,
picnics, and music performances revolving around praying for the
nation are also popular observances.[9] Traditionally,
the President
of the United States issues
an official National Day of Prayer proclamation each year as
well.[10]
History
There were several national days of prayer before the day was made an official annual day of observance in 1952. Prior to the nation's founding, the Second Continental Congress issued a proclamation recommending "a day of publick [sic] humiliation, fasting, and prayer" be observed by the "English Colonies" on Thursday, July 20, 1775, "and to bless our rightful sovereign, King George the Third..."[11] A proclamation to this end was sent to every town in the colonies. In his role as Commander-in-Chief of theContinental Army, George Washington acknowledged a second day of "fasting, humiliation and prayer" proclaimed by the Continental Congress to be held on Thursday, May 6, 1779. To enable his soldiers to observe the day, Washington ordered a one-day cessation of recreation and "unnecessary labor".[12] In March 1780, Congress announced a day of "fasting, humiliation and prayer" to be held on Wednesday, April 26, 1780.[13]
A
Senate report states as part of the rationale for the law that
prayers were conducted at the Constitutional
Convention,
which adopted the U.S. Constitution: “When the delegates to the
Constitutional Convention encountered difficulties in the writing and
formation of a Constitution for this Nation, prayer was suggested and
became an established practice at succeeding sessions,” according
to the report by the Committee on the Judiciary.[14]
On
April 17, 1952, President Harry
S. Truman signed
a bill proclaiming a National Day of Prayer must be declared by each
following president at an appropriate date of his choice. In 1982 a
conservative evangelical Christian organization called the "National
Prayer Committee" was formed to coordinate and implement a fixed
annual day of prayer for the purpose of organizing evangelical
Christian prayer events with local, state, and federal government
entities.[15] In
his 1983 declaration, Ronald Reagan said, "From General
Washington's struggle at Valley Forge to the present, this Nation has
fervently sought and received divine guidance as it pursued the
course of history. This occasion provides our Nation with an
opportunity to further recognize the source of our blessings, and to
seek His help for the challenges we face today and in the
future."[16]
Sailors
bow their heads in prayer during the National Day of Prayer. May 3,
2007.
In
1988, the law was amended so that the National Day of Prayer would be
held on the first Thursday of May. Two stated intentions of the
National Day of Prayer were that it would be a day when adherents of
all great religions could unite in prayer and that it may one day
bring renewed respect for God to all the peoples of the world.[16]
More
recently, the idea of an annual National Day of Prayer was introduced
by the Rev. Billy
Graham,
who suggested it in the midst of a several-weeks crusade in the
nation’s capitol. Members of the House and Senate introduced a
joint resolution for an annual National Day of Prayer, "on which
the people of the United States may turn to God in prayer and
meditation at churches, in groups, and as individuals."[17]
Presidents Ronald
Reagan and George
H. W. Bush each
hosted special events for the day only once during their
administrations, President Bill
Clinton did
not hold any such events during his time in office, George
W. Bush held
events on the National Day of Prayer in each year of his presidency,
and President Barack
Obama did
not hold a formal event for the NDOP on May 7, 2009.[18]
Legal
challenge
The Freedom
From Religion Foundation (FFRF)
sued to challenge the designation of a National Day of Prayer. On
October 3, 2008, theWisconsin-based
organization filed suit in a federal court in Madison,
naming as defendants President George
W. Bush;
White House press secretary Dana
Perino;
Wisconsin governor Jim
Doyle;
and evangelist Dobson's wife, Shirley Dobson, in her capacity as
chair of the National
Day of Prayer Task Force.[19] The Alliance
Defense Fund (ADF)
provided defense for Shirley Dobson while government lawyers asked
U.S. District Judge Barbara
Crabb to
dismiss the case, arguing principally that the group has no legal
standing to
sue.[20]
On
March 1, 2010 U.S. District Judge Barbara Crabb stated that FFRF's
lawsuit could proceed because the plaintiffs had shown that they
suffered "concrete injury" that can potentially be remedied
by judicial action. Judge Crabb stated about those supporting the
federal law designating the National Day of Prayer, "adopting
[the] defendants' view of standing would allow the government to have
unrestrained authority to demean members of any religious group
without legal consequence. The federal government could declare the
'National Day of Anti-Semitism' or even declare Christianity the
official religion of the United States, but no one would have
standing to sue because no one would have to 'pass by' those
declarations."[21] On
April 15, 2010, Judge Crabb ruled that the statute establishing the
National Day of Prayer was unconstitutional as
it is "an inherently religious exercise that serves no secular
function."[22][23] However,
Crabb stayed her
ruling pending the completion of appeals.[24]
The U.S.
Department of Justice filed
a notice to appeal the ruling on April 22, 2010,[25] and
on April 14, 2011 a three judge panel of the Seventh
Circuit Court of Appeals unanimously
overturned Crabb's decision. The panel ruled that FFRF did not have
standing to sue because the National Day of Prayer had not caused
them harm and stated that "a feeling of alienation cannot
suffice as injury." The court further stated that "the
President is free to make appeals to the public based on many kinds
of grounds, including political and religious, and that such requests
do not obligate citizens to comply and do not encroach on citizens'
rights. The federal appeals court also cited Abraham Lincoln's second
inaugural address, which referenced God seven times and prayer three
times.[26] The
court's decision was praised by the Family
Research Council,
which stated "The court is to be commended for rejecting even
the idea of a federal lawsuit that demands this kind of religious
expression be scrubbed from the public square".[27]
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