Attorney General Abbott led multi-state coalition in defense of prayer
Texas Insider Report: AUSTIN Texas The federal appeals court overturned the lower courts decision and dismissed the challenge to the National Day of Prayer" said Texas Attorney General Greg Abbott after the U.S. Court of Appeals for the 7th Circuit on Thursday vacated a lower courts ruling and dismissed a lawsuit claiming that the National Day of Prayer is unconstitutional.
Last weeks ruling found that the Freedom From Religion Foundation had no standing to challenge the Presidents National Day of Prayer proclamation because the presidential action had not caused the plaintiffs any harm.
Last weeks ruling was an important victory for religious liberties"
In their 2008 lawsuit the plaintiffs contended that 36 U.S.C. §119 the federal statute naming the first Thursday in May as the National Day of Prayer violates the Establishment Clause of the First Amendment.
Rejecting the plaintiffs argument the appellate court wrote: Section 119 imposes duties on the President alone. It does not require any private person to do anything or for that matter to take any action in response to what the President proclaims."
The federal court added: If anyone suffers injury therefore that person is the President who is not complaining."
The court also observed: Since the founding of the Republic Congress has requested Presidents to call on citizens to pray." The court acknowledged that virtually every President has done so beginning with President George Washingtons proclamation on October 3 1789 establishing Thanksgiving Day.
The National Day of Prayer statute was established by Congress in 1952. Since then presidents have issued proclamations that designate a single day each year as the National Day of Prayer. In 2008 the plaintiffs filed a lawsuit challenging the Days constitutionality. On April 15 2010 U.S. District Judge Barbara Crabb issued a decision ruling that the National Day of Prayer violates the First Amendments Establishment Clause which provides: Congress shall make no law respecting an establishment of religion."
In July 2010 Texas Attorney General Greg Abbott leading a multi-state coalition of 29 attorneys general took legal action to defend the annual National Day of Prayer. An amicus brief authored by Attorney General Abbott urged the U.S. Court of Appeals for the Seventh Circuit to overturn the lower courts ruling.
