Leftist Judge: National Day Of Prayer Unconstitutional

April 15, 2010 17:59


The National Day of Prayer, honored in the United States for more than a half-century, is unconstitutional, a federal judge in Wisconsin has ruled.

by: Mike Levine at FoxNews.com

In a 66-page opinion issued Thursday, U.S. District Judge Barbara Crabb said the holiday violates the “establishment clause” of the First Amendment, which creates a separation of church and state.

“I understand that many may disagree with that conclusion and some may even view it as a criticism of prayer or those who pray,” Crabb said in her opinion. “That is unfortunate. A determination that the government may not endorse a religious message is not a determination that the message itself is harmful, unimportant or undeserving of dissemination.”

The opinion comes in a case filed by the Freedom From Religion Foundation, a Wisconsin-based group of self-described “atheists” and “agnostics.”

Crabb said her ruling is based on “relevant case law,” and it does not prevent religious groups from organizing prayer services or prevent the President from discussing his views on prayer.

“The only issue decided in this case is that the federal government may not endorse prayer in a statute,” Crabb said.

The Justice Department would not say whether it expects to appeal Crabb’s ruling.

“We are reviewing the court’s decision,” a Justice Department spokesman said.

Within hours of the ruling, the ranking Republican on the House Judiciary Committee urged the Justice Department to “immediately” file an appeal.

“The decision undermines the values of religious freedom that America was founded upon,” Rep. Lamar Smith, R-Tex., said in a statement. “What’s next?  Declaring the federal holiday for Christmas unconstitutional?”

Crabb said the ruling would not have any effect until any appeals are exhausted.

She insisted her ruling was not a judgment on the value of prayer.

FULL STORY



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