Judge Declares National Day of Prayer Unconstitutional

A year-old, incorrect story about Barack Obama "canceling" the National Day of Prayer made the rounds today. Meanwhile, in reality, Obama's Justice Department was defending the Day of Prayer to a U.S. District Court that just ruled it unconstitutional.

U.S. District Judge Barbara Crabb declared section 119 of US Code 36—establishing an annual National Day of Prayer—to be unconstitutional. Her decision is available here. We certainly agree with everything she writes, and we're sure there will be no major controversy over any of this.

The Freedom from Religion foundation brought the suit, claiming that the statute calling on the president to proclaim a National Day of Pray each year is a violation of the Establishment Clause. Crabb found that the plaintiffs had the standing to challenge section 119 itself, but not presidential proclamations generally.

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