Freedom Against Religion Foundation v. Obama tests the question whether the National Day of Prayer is constitutional. A federal district court judge has declared the law authorizing the day to be constitutional, and President Obama has appealed the case to the Seventh Circuit. See here. Americans United for Separation of Church and State and and other groups have filed a brief showing that the legislation authorizing the statute has a religious purpose and effect. The brief distinguishes government practices involving prayer on the ground that they are institutional or that the prayers no longer have a religious meaning. By contrast, the government here has the intent and purpose to promote prayer by citizens.
I do not know what the Seventh CIrcuit will do in this case. But you do not need a law degree to know what the Supreme Court will do if this case gets to it. There the only question will be how much further damage to the Establishment Clause will the Court cause.
You mean "...unconstitutional...," I think.
Posted by: jimbino | 10/14/2010 at 09:38 AM