March 2009 Archives

Dan Gilgoff is now reporting that former Indianapolis Colts coach Tony Dungy has been invited to join the White House "Advisory Panel On Faith-Based and Neighborhood Partnerships".  This unnecessary body already has plenty of people on it who are way off the mark on civil rights and liberties.  Dungy will be another.

Dungy's fund-raising for the James Dobson-affiliated "Indiana Family Institute" and his unequivocal opposition to same-sex marriage based on his view that God opposes it make him an unlikely candidate for useful discussion of faith based partnerships and civil rights, one of the key issues the panel will hammer out.

Jay, I don't see American history helping you much on your bootstrapping argument about past practice and the National Day of Prayer.

Remember that Thomas Jefferson actually vetoed day of prayer resolutions as President-and those were usually focused on some special event.  I can find no record at all of any effort to set aside one specific day every year as a countrywide time for religious ritual.  Can you?

Moreover, even though we all know that some states had "official religions" at the time the First Amendment was ratified, there is no doubt that the same "federalist" principle that lead some to question the wisdom of a national army would lead to reticence about a national day for religiosity.

Barry, regarding the National Day of Prayer, it is certainly strong evidence that a practice is consistent with the First Amendment if it predates the Amendment and was supported by our Founding Fathers. This is especially true where, as here, no coercion is involved. No person is forced to pray, or not pray, by the government (nor should they be).

While it is clear that you disagree with the government's decision to continue the National Day of Prayer, the fact is that it is constitutional for the government to do so. The current makeup of our nation's religious demographics does not justify rewriting or reinterpreting the Constitution to invalidate longstanding traditions like the appointment of legislative chaplains, the opening of legislative sessions with prayer, or the declaration of national days of prayer and thanksgiving. People who believe that these centuries-old traditions should be abandoned are free to state their case to their elected officials, but the courts should not invalidate such practices by ignoring the historical background of the First Amendment.

Barry, I'm sure you're aware of a lawsuit filed by the Freedom From Religion Foundation (FFRF) in Wisconsin challenging the constitutionality of a 1988 federal law giving the President the authority to designate the first Thursday in May as a National Day of Prayer. We just filed an amici curiae brief  representing 31 Members of Congress--including Rep. J. Randy Forbes of Virginia, who chairs the Congressional Prayer Caucus--asking the court to dismiss the lawsuit.

It's clear that the National Day of Prayer observances are consistent with the Establishment Clause of the First Amendment and are deeply embedded in the tradition and history of the United States. As you know, the time-honored tradition of American leaders designating days of prayer and thanksgiving dates back to the founding era. The Continental Congress recommended that the states set apart a day for prayer and thanksgiving, and George Washington began a longstanding practice of calling the nation to prayer followed by nearly every president. Even the drafter of the First Amendment, James Madison, issued several proclamations calling the nation to a day of prayer.