A fixture since President Truman signed a bill proclaiming a National Day of Prayer 58 years ago, 2010 could be the last time the event is observed if the White House fails in an appeal against a court ruling that it violates the ban on government-backed religion.
U.S. District Judge Barbara Crabb ruled April 15 in favor of the Madison, Wis.-based Freedom From Religion Foundation in a suit brought against President Obama. She ruled that the federal law that designates a National Day of Prayer and requires an annual presidential proclamation violates the establishment clause of the 1st Amendment.
Despite the ruling, several observances took place around the capital Thursday, including the Pentagon, the Cannon House Office Building and the steps of the Capitol. In her decision, Crabb said ceremonies could still take place pending appeals.
[blockquote]President Obama’s approach is more consistent with the treatment of prayer as a form of ceremonial deism.[/blockquote]
Anyone have an idea what this means?
It refers to the concept that, at some low level, governmental intrusion into religious matters is not constitutionally offensive because it lacks substantive religious content, but is a kind of empty civic rote incantation that has no potential for endangering either religion or government. My recollection is that Justice Brennan was the one who coined the phrase. Examples would be the Mojave Cross and the “under God” insert of the 1950s in the Pledge of Allegiance.
[blockquote] Charles Haynes, a 1st Amendment scholar specializing in religious liberty at the Washington-based Freedom Forum, said he expected the president to succeed with his appeal. But he said Crabb was merely being consistent with past rulings and essentially saying “what everybody knows about the inherent [constitutional] contradiction of the National Day of Prayer.”[/blockquote]
Actually it points out the inherently contradictory positions of our Founding Fathers and the Supreme Court’s bad decisions adopting the unsupportable “absolute separation of church and state” standard, which is nowhere found in the Constitution.
How can something be “unconstitutional” when days of prayer have been declared by presidents from George Washington forward?
“How can something be “unconstitutional†when days of prayer have been declared by presidents from George Washington forward?”
Heard of slavery? Relgion does just fine when it is not sponsored by lying cheating politicians and funded by tax funds.
Yes, slavery was constitutional. What’s your point?
#2. NoVA Scout,
Thanks for the clarification. [blockquote]It refers to the concept that, at some low level, governmental intrusion into religious matters is not constitutionally offensive because it lacks substantive religious content.[/blockquote]It sounds like as long as something is identified as traditional but not recognizably Christian it is not a threat to the government. I would call this the “less-than-lukewarm” clause.
The Constitution says that a person shall not be deprived of life or liberty without due process of law, clearly showing that the framers of the Constitution believed that the death penalty was a just punishment for some crimes. Yet in recent decades, arguments have been made that the death penalty is unconstitutional, in defiance of the clear meaning of the text.
Calls for days of prayer are not so clearly stated in the Constitution, but the Continental Congress often called for sessions of prayer among themselves, and the Declaration of Independence made direct reference to God. I do not recall how prayer in governmental bodies fared under the Articles of Confederation, but the Congress and the President certainly made frequent calls for prayer in the time after the Constitution was ratified. I recently read (but cannot remember where) that the Constitutional Convention designated a day of prayer to give thanks that their work was completed. Under any reasonable person, it would be clear that the framers of the Constitution saw no impediment to civil government and its bodies calling for prayer or engaging in prayer themselves.
I am rapidly losing respect for the legal profession, which seems to be less and less interested in justice (and in reality) and more concerned with power gained by expertise in playing games with words.
Of course this enables the establishment of an official secular religion or official state worldview and allows the pretense that it is somehow worldview neutral, which, of course, it is not.
#8. Br. Michael,
That is an excellent observation. Has a new precedent been set? It would have been better if A National Day of Prayer were banned outright than to grant a grand-parented deism. What is acceptable as religion to government is not religion.
People forget that Thanksgiving is also a National Day of Prayer. So the outcome if this is upheld will be that Thanksgiving will also be in jeopardy. Of course, that will then be “different,” since the Democrats are trying to turn it into a purely secular holiday.
In his first Thanksgiving Proclamation, Obama referred to it in the Proclamation as a European and “indigenous communities” “harvest celebration.” Compare the proclamations of the last two presidents, it’s eye-opening:
[blockquote]
Thanksgiving Day 2008
November 21, 2008
A Proclamation by the President of the United States of America
Thanksgiving is a time for families and friends to gather together and express gratitude for all that we have been given, the freedoms we enjoy, and the loved ones who enrich our lives. We recognize that all of these blessings, and life itself, come not from the hand of man but from Almighty God.
Every Thanksgiving, we remember the story of the Pilgrims who came to America in search of religious freedom and a better life. Having arrived in the New World, these early settlers gave thanks to the Author of Life for granting them safe passage to this abundant land and protecting them through a bitter winter. Our Nation’s first President, George Washington, stated in the first Thanksgiving proclamation that “It is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor.” While in the midst of the Civil War, President Abraham Lincoln revived the tradition of proclaiming a day of thanksgiving, asking God to heal our wounds and restore our country.
Today, as we look back on the beginnings of our democracy, Americans recall that we live in a land of many blessings where every person has the right to live, work, and worship in freedom. Our Nation is especially thankful for the brave men and women of our Armed Forces who protect these rights while setting aside their own comfort and safety. Their courage keeps us free, their sacrifice makes us grateful, and their character makes us proud. Especially during the holidays, our whole country keeps them and their families in our thoughts and prayers.
Americans are also mindful of the need to share our gifts with others, and our Nation is moved to compassionate action. We pay tribute to all caring citizens who reach out a helping hand and serve a cause larger than themselves.
On this day, let us all give thanks to God who blessed our Nation’s first days and who blesses us today. May He continue to guide and watch over our families and our country always.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 27, 2008, as a National Day of Thanksgiving. I encourage all Americans to gather together in their homes and places of worship with family, friends, and loved ones to strengthen the ties that bind us and give thanks for the freedoms and many blessings we enjoy.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of November, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third.
GEORGE W. BUSH[/blockquote]
[blockquote]
Thanksgiving Day 2009
November 23, 2009
A Proclamation by the President of the United States of America
What began as a harvest celebration between European settlers and indigenous communities nearly four centuries ago has become our cherished tradition of Thanksgiving. This day’s roots are intertwined with those of our Nation, and its history traces the American narrative.
Today, we recall President George Washington, who proclaimed our first national day of public thanksgiving to be observed “by acknowledging with grateful hearts the many and signal favors of Almighty God,” and President Abraham Lincoln, who established our annual Thanksgiving Day to help mend a fractured Nation in the midst of civil war. We also recognize the contributions of Native Americans, who helped the early colonists survive their first harsh winter and continue to strengthen our Nation. From our earliest days of independence, and in times of tragedy and triumph, Americans have come together to celebrate Thanksgiving.
As Americans, we hail from every part of the world. While we observe traditions from every culture, Thanksgiving Day is a unique national tradition we all share. Its spirit binds us together as one people, each of us thankful for our common blessings.
As we gather once again among loved ones, let us also reach out to our neighbors and fellow citizens in need of a helping hand. This is a time for us to renew our bonds with one another, and we can fulfill that commitment by serving our communities and our Nation throughout the year. In doing so, we pay tribute to our country’s men and women in uniform who set an example of service that inspires us all. Let us be guided by the legacy of those who have fought for the freedoms for which we give thanks, and be worthy heirs to the noble tradition of goodwill shown on this day.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim Thursday, November 26, 2009, as a National Day of Thanksgiving. I encourage all the people of the United States to come together, whether in our homes, places of worship, community centers, or any place where family, friends and neighbors may gather, with gratitude for all we have received in the past year; to express appreciation to those whose lives enrich our own; and to share our bounty with others.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.
BARACK OBAMA
[/blockquote]
I would also mention that in specific recognition of Thanksgiving as a national day of prayer, the 1789 Book of Common Prayer of the Protestant Episcopal Church in the United States has a specific collect for the day:
[blockquote]
A FORM OF
PRAYER AND THANKSGIVING
TO ALMIGHTY GOD,
For the fruits of the earth, and all the other blessings of his merciful Providence; to be used yearly on the First Thursday in November, or on such other day as shall be appointed by the Civil Authority.
——————————————————————————–
O PRAISE ye the LORD: for it is a good thing to sing praises unto our God : yea, a joyful and pleasant thing it is to be thankful.
The LORD doth build up Jerusalem : and gather together the outcasts of Israel.
He healeth those that are broken in heart : and giveth medicine to heal their sickness.
O sing unto the LORD with thanksgiving : sing praises upon the harp to our God.
Who covereth the heaven with clouds, and prepareth rain for the earth : and maketh the grass to grow upon the mountains, and herb for the use of men;
He giveth fodder unto the cattle : and feedeth the young ravens who call upon him.
Praise the LORD, O Jerusalem : praise thy God, O Sion.
For he hath made fast the bars of thy gates : and hath blessed thy children within thee.
He maketh peace in thy borders, and filleth thee with the flour of wheat. [/blockquote]
NO. 6, the only gloss I would put on your comment is that the test should not be confined to whether a religious practice or reference creates a “threat to the government.” That rarely is the case. The bigger concern (at least in my view) is whether government intrusion into religious matters is a threat to religion. The separation doctrine works in both directions. I am far more concerned that the government can’t run and sustain religion any better than it does almost anything else. That’s why I have, for almost 50 years, been very keen to keep government workers (like teachers) away from the serious business of prayer and Christian moral instruction.
#12. NoVA Scout,
[blockquote]That’s why I have, for almost 50 years, been very keen to keep government workers (like teachers) away from the serious business of prayer and Christian moral instruction.[/blockquote] I remember grade school assemblies where we said the Lord’s Prayer. It was a more homogeneous group in those days with the Romans ending the prayer a little sooner but we all seemed pretty comfortable with it. Is the country too different today for this? Maybe time and circumstances have passed me by on this issue. I also remember when “Under God” was added to the pledge of allegiance. It just seems like the melting pot has become a salad.
#12 That is why government has no business running schools. Religious and moral education are essential to a functioning nation. Since the public schools are now forbidden from providing these essential elements of education (funny how that didn’t come up when public schools were created), the government is now proven incapable of of doing this important task and should no longer be charged with it except where the students are self identified atheists or agnostics. The Churches should start a massive building program to begin providing education for students. This would have the added benefit of allowing property taxes to be cut. No more teacher unions (like the NEA) to deal with. Perhaps our nation would again begin to approach the level of excellence that the old one room school houses used to provide. Isn’t it amazing how we had nearly universal literacy from such a “poor” educational system! Under the current paradigm, our national literacy rate ranks lower than Panama’s!
I have no problem with church schools, No. 14. Your solution has its attractions. There are some excellent church schools around here. My older daughter was well served by four years of Catholic School (she professes to be an atheist, alas, but she knows her theology – when she comes back, she’ll understand the basics better than most). But it is not acceptable that the only people educated are those who can affiliate with (and afford) a sectarian school.
Nova, schools are going to teach a world-view of some sort. What do you want them to teach? Driving out theistic world-views of necessity privileges non-theistic ones.
Michael: I guess my bottom line is I don’t want the government teaching religion. I view that as a grave threat to Christianity (and other faiths).