A federal judge in Wisconsin has ruled that the law establishing the National Day of Prayer is unconstitutional. The statute, passed in 1952, and amended in 1988, asks the President to declare the day on the first Thursday of May (and the White House today announced President Obama's intention to do just that). But Judge Barbara Crabb, in a thoughtful, 66-page opinion, says that directing Americans to participate in religious activity violates the separation of church and state guaranteed in the First Amendment.
[The statue] goes beyond mere “acknowledgment” of religion because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context. In this instance, the government has taken sides on a matter that must be left to individual conscience…
…No one can doubt the important role that prayer plays in the spiritual life of a believer…. However, recognizing the importance of prayer to many people does not mean that the government may enact a statute in support of it, any more than the government may encourage citizens to fast during the month of Ramadan, attend a synagogue, purify themselves in a sweat lodge or practice rune magic. In fact, it is because the nature of prayer is so personal and can have such a powerful effect on a community that the government may not use its authority to try to influence an individual’s decision whether and when to pray.
We can cue the expected outrage from those who believe the Establishment Clause should be as toothless as possible. And maybe there is a way to reconcile such a law with the Supreme Court's holdings in such cases involving government's acknowledgment of religion (Ten Commandments, nonsectarian legislative prayer, etc.), despite Judge Crabb's position.
Even in the best light, though, an official National Day of Prayer needlessly gives the impression of an endorsement of religion by the state, and engages the government in activity better left to families, houses of worship and the conscience of individual Americans. As the Baptist Joint Committee's Brent Walker said, just last May:
[I]t is not the government's job to tell the American people what, where or when to pray or even if they should pray.
…
"There is nothing wrong with the American people getting together to pray on a designated day, even public officials," Walker said. "In fact every day should be a day of national prayer. President Obama, like others before him, welcomes prayers for our country and its leadership. He has expressed his personal appreciation for such support, and people of faith feel called to pray for our country."The problem with the National Day of Prayer is that it is an official act of the government urging citizens to engage in a religious exercise," Walker said.
