Court dismisses challenge to National Day of Prayer

WASHINGTON (RNS) The law calling for an annual National Day of Prayer
imposes solely on the duties of the U.S. president, leaving private
citizens no legal standing to challenge it, a federal appeals court
ruled Thursday (April 14).

The unanimous decision overturns a 2010 lower court ruling that
found the law unconstitutional. The ruling comes just weeks before many
Christian groups plan to hold annual observances to mark the contested
day on May 5.

"If anyone suffers injury ... that person is the president, who is
not complaining," ruled a three-judge panel of the Chicago-based 7th
U.S. Circuit Court of Appeals.

The panel described the presidential proclamations that follow the
law as requests, not commands of the public.

"Those who do not agree with a president's statement may speak in
opposition to it; they are not entitled to silence the speech of which
they disapprove," the court said.

The Freedom from Religion Foundation, which had argued that the
proclamation violates the Constitution's prohibition of an official
"establishment" of religion, said it would seek a rehearing by the
circuit court's full panel of judges.

Annie Laurie Gaylor, the foundation's co-founder, said she believed
the appeals court would have ruled in her group's favor if it had
addressed the merits of the case rather than dismissing it over
standing.

"Our challenge is so strong, our claim is so correct," she said.
"The First Amendment says, `Congress shall make no law respecting an
establishment of religion.' `No law' should mean no law!"

Family Research Council President Tony Perkins hailed the ruling.

"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," he said.