National Day of Prayer
Encyclopedia
The National Day of Prayer (36 U.S.C. § 119) is an annual day of observance held on the first Thursday of May, designated by the United States Congress
, when people are asked "to turn to God
in prayer
and meditation
". Each year, the president
signs a proclamation, encouraging all Americans to pray on this day. The modern law formalizing its annual observance was enacted in 1952, although it has historical origins to a mandate by George Washington
, the first president of the United States.
Its constitutionality
is being challenged in court
by the Freedom From Religion Foundation
after their first challenge was unanimously dismissed by a federal appellate court in April 2011.
issued a proclamation recommending "a day of publick [sic] humiliation, fasting, and prayer" be observed on July 20, 1775":
During the Quasi-War
with France, President John Adams
declared May 9, 1798 as "a day of solemn humility, fasting, and prayer," during which citizens of all faiths were asked to pray "that our country may be protected from all the dangers which threaten it". On March 30, 1863, President Abraham Lincoln issued a proclamation
expressing the idea "that the awful calamity of civil war, which now desolates the land, may be but a punishment, inflicted upon us, for our presumptuous sins", and designated the day of April 30, 1863 as a day of "national humiliation, fasting and prayer" in the hope that God would respond by restoring "our now divided and suffering Country, to its former happy condition of unity and peace". He went on to say, "...it is the duty of nations as well as of men, to own their dependence upon the overruling power of God, to confess their sins and transgressions, in humble sorrow, yet with assured hope that genuine repentance will lead to mercy and pardon; and to recognize the sublime truth, announced in the Holy Scriptures and proven by all history, that those nations only are blessed whose God is the Lord."
A Senate report incorrectly claims as part of the rationale for the law that prayers were conducted at the Constitutional Convention, which adopted the U.S. Constitution: “When the delegates to the Constitutional Convention encountered difficulties in the writing and formation of a Constitution for this Nation, prayer was suggested and became an established practice at succeeding sessions,” according to the report by the Committee on the Judiciary.
On April 17, 1952, President Harry S. Truman
signed a bill proclaiming a National Day of Prayer must be declared by each following president at an appropriate date of his choice. In 1982 a conservative evangelical Christian organization called the "National Prayer Committee" was formed to coordinate and implement a fixed annual day of prayer for the purpose of organizing evangelical Christian prayer events with local, state, and federal government entities. In his 1983 declaration, Ronald Reagan said, "From General Washington's struggle at Valley Forge to the present, this Nation has fervently sought and received divine guidance as it pursued the course of history. This occasion provides our Nation with an opportunity to further recognize the source of our blessings, and to seek His help for the challenges we face today and in the future."
In 1988, the law was amended so that the National Day of Prayer would be held on the first Thursday of May. Two stated intentions of the National Day of Prayer were that it would be a day when adherents of all great religions could unite in prayer and that it may one day bring renewed respect for God to all the peoples of the world.
More recently, the idea of an annual National Day of Prayer was introduced by the Rev. Billy Graham
, who suggested it in the midst of a several-weeks crusade in the nation’s capitol. Members of the House and Senate introduced a joint resolution for an annual National Day of Prayer, "on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals."
Presidents Ronald Reagan
and George H. W. Bush
each hosted special events for the day only once during their administrations, President Bill Clinton
did not hold any such events during his time in office, George W. Bush
held events on the National Day of Prayer in each year of his presidency, and President Barack Obama
did not hold a formal event for the NDOP on May 7, 2009.
(FFRF) sued to challenge the designation of a National Day of Prayer. On October 3, 2008, the Wisconsin
-based organization filed suit in a federal court in Madison
, naming as defendants President George W. Bush
; White House press secretary Dana Perino
; Wisconsin governor Jim Doyle
; and evangelist Dobson's wife, Shirley Dobson, in her capacity as chair of the National Day of Prayer Task Force
. The Alliance Defense Fund
(ADF) provided defense for Shirley Dobson while government lawyers asked U.S. District Judge Barbara Crabb to dismiss the case, arguing principally that the group has no legal standing
to sue.
On March 1, 2010 U.S. District Judge Barbara Crabb stated that FFRF's lawsuit can proceed forward because the plaintiffs had shown that they suffered "concrete injury" that can potentially be remedied by judicial action. Justice Crabb stated about those supporting the federal law designating the National Day of Prayer, "adopting [the] defendants' view of standing would allow the government to have unrestrained authority to demean members of any religious group without legal consequence. The federal government could declare the 'National Day of Anti-Semitism' or even declare Christianity the official religion of the United States, but no one would have standing to sue because no one would have to 'pass by' those declarations." This was in regards to the defendants position that the plaintiffs did not have standing to engage in the lawsuit. Mr. Bolton, legal counsel of the Freedom From Religion Foundation stated, "The Foundation has never been opposed to nongovernment parties designating and participating in their own Day of Prayer activities. Here, however, government officials have too often adopted the religious perspective of Mrs. Dobson and the National Day of Prayer Task Force as the official public statement and position of the government. To the extent that Mrs. Dobson and the Task Force, operating from the Focus on the Family campus in Colorado Springs, concentrate on the private sphere, that is their prerogative. FFRF is concerned about the government's respect for the separation of church and state, which the court intends to address."
On April 15, 2010, Judge Crabb ruled that the statute establishing the National Day of Prayer was unconstitutional
as it is "an inherently religious exercise that serves no secular function." Judge Crabb also stated in her opinion, "If the government were interested only in acknowledging the role of religion in America, it could have designated a 'National Day of Religious Freedom' rather than promote a particular religious practice." However, Crabb stayed
her ruling pending the completion of appeals.
The U.S. Department of Justice
filed a notice to appeal the ruling on April 22, 2010, and on April 14, 2011 a panel at the Seventh Circuit Court of Appeals
unanimously overruled Crabb's decision, stating that "a feeling of alienation cannot suffice as injury." They further stated that the President is free to make appeals to the public based on many kinds of grounds, including political and religious, and that such requests do not obligate citizens to comply and do not encroach on citizens' rights. The same day, the Freedom From Religion Foundation announced that it would seek an en banc
review of the ruling by the full Seventh Circuit court.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, when people are asked "to turn to God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
in prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
and meditation
Meditation
Meditation is any form of a family of practices in which practitioners train their minds or self-induce a mode of consciousness to realize some benefit....
". Each year, the president
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
signs a proclamation, encouraging all Americans to pray on this day. The modern law formalizing its annual observance was enacted in 1952, although it has historical origins to a mandate by George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
, the first president of the United States.
Its constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
is being challenged in court
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
by the Freedom From Religion Foundation
Freedom From Religion Foundation
The Freedom From Religion Foundation is an American freethought organization based in Madison, Wisconsin. Its purposes, as stated in its bylaws, are to promote the separation of church and state and to educate the public on matters relating to atheism, agnosticism and nontheism. The FFRF publishes...
after their first challenge was unanimously dismissed by a federal appellate court in April 2011.
History
There had been at least two individual (i.e. single-day) national days of prayer in U.S. history before the day was made an official annual day of observance in 1952. Prior to the nation's founding, the Continental CongressContinental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
issued a proclamation recommending "a day of publick [sic] humiliation, fasting, and prayer" be observed on July 20, 1775":
During the Quasi-War
Quasi-War
The Quasi-War was an undeclared war fought mostly at sea between the United States and French Republic from 1798 to 1800. In the United States, the conflict was sometimes also referred to as the Franco-American War, the Pirate Wars, or the Half-War.-Background:The Kingdom of France had been a...
with France, President John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
declared May 9, 1798 as "a day of solemn humility, fasting, and prayer," during which citizens of all faiths were asked to pray "that our country may be protected from all the dangers which threaten it". On March 30, 1863, President Abraham Lincoln issued a proclamation
Presidential Proclamation
A Presidential Proclamation is a statement issued by a President on a matter of public policy. They are generally defined as, "The act of causing some state matters to be published or made generally known...
expressing the idea "that the awful calamity of civil war, which now desolates the land, may be but a punishment, inflicted upon us, for our presumptuous sins", and designated the day of April 30, 1863 as a day of "national humiliation, fasting and prayer" in the hope that God would respond by restoring "our now divided and suffering Country, to its former happy condition of unity and peace". He went on to say, "...it is the duty of nations as well as of men, to own their dependence upon the overruling power of God, to confess their sins and transgressions, in humble sorrow, yet with assured hope that genuine repentance will lead to mercy and pardon; and to recognize the sublime truth, announced in the Holy Scriptures and proven by all history, that those nations only are blessed whose God is the Lord."
A Senate report incorrectly claims as part of the rationale for the law that prayers were conducted at the Constitutional Convention, which adopted the U.S. Constitution: “When the delegates to the Constitutional Convention encountered difficulties in the writing and formation of a Constitution for this Nation, prayer was suggested and became an established practice at succeeding sessions,” according to the report by the Committee on the Judiciary.
On April 17, 1952, President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
signed a bill proclaiming a National Day of Prayer must be declared by each following president at an appropriate date of his choice. In 1982 a conservative evangelical Christian organization called the "National Prayer Committee" was formed to coordinate and implement a fixed annual day of prayer for the purpose of organizing evangelical Christian prayer events with local, state, and federal government entities. In his 1983 declaration, Ronald Reagan said, "From General Washington's struggle at Valley Forge to the present, this Nation has fervently sought and received divine guidance as it pursued the course of history. This occasion provides our Nation with an opportunity to further recognize the source of our blessings, and to seek His help for the challenges we face today and in the future."
In 1988, the law was amended so that the National Day of Prayer would be held on the first Thursday of May. Two stated intentions of the National Day of Prayer were that it would be a day when adherents of all great religions could unite in prayer and that it may one day bring renewed respect for God to all the peoples of the world.
More recently, the idea of an annual National Day of Prayer was introduced by the Rev. Billy Graham
Billy Graham
William Franklin "Billy" Graham, Jr. is an American evangelical Christian evangelist. As of April 25, 2010, when he met with Barack Obama, Graham has spent personal time with twelve United States Presidents dating back to Harry S. Truman, and is number seven on Gallup's list of admired people for...
, who suggested it in the midst of a several-weeks crusade in the nation’s capitol. Members of the House and Senate introduced a joint resolution for an annual National Day of Prayer, "on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals."
Presidents Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
and George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
each hosted special events for the day only once during their administrations, President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
did not hold any such events during his time in office, George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
held events on the National Day of Prayer in each year of his presidency, and President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
did not hold a formal event for the NDOP on May 7, 2009.
Legal challenge
The Freedom From Religion FoundationFreedom From Religion Foundation
The Freedom From Religion Foundation is an American freethought organization based in Madison, Wisconsin. Its purposes, as stated in its bylaws, are to promote the separation of church and state and to educate the public on matters relating to atheism, agnosticism and nontheism. The FFRF publishes...
(FFRF) sued to challenge the designation of a National Day of Prayer. On October 3, 2008, the Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
-based organization filed suit in a federal court in Madison
Madison, Wisconsin
Madison is the capital of the U.S. state of Wisconsin and the county seat of Dane County. It is also home to the University of Wisconsin–Madison....
, naming as defendants President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
; White House press secretary Dana Perino
Dana Perino
Dana Maria Perino is an American political commentator for Fox News. She served as the White House Press Secretary for President George W. Bush from September 14, 2007 to January 20, 2009...
; Wisconsin governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
; and evangelist Dobson's wife, Shirley Dobson, in her capacity as chair of the National Day of Prayer Task Force
National Day of Prayer Task Force
The National Day of Prayer Task Force is an American evangelical conservative Christian non-profit organization which organizes, coordinates, and presides over Evangelical Christian religious observances each year on the National Day of Prayer....
. The Alliance Defense Fund
Alliance Defense Fund
The Alliance Defense Fund is a conservative Christian nonprofit organization with the stated goal of "defending the right to hear and speak the Truth through strategy, training, funding, and litigation." ADF was founded in 1994 by the late Bill Bright , the late Larry Burkett , James Dobson The...
(ADF) provided defense for Shirley Dobson while government lawyers asked U.S. District Judge Barbara Crabb to dismiss the case, arguing principally that the group has no legal standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to sue.
On March 1, 2010 U.S. District Judge Barbara Crabb stated that FFRF's lawsuit can proceed forward because the plaintiffs had shown that they suffered "concrete injury" that can potentially be remedied by judicial action. Justice Crabb stated about those supporting the federal law designating the National Day of Prayer, "adopting [the] defendants' view of standing would allow the government to have unrestrained authority to demean members of any religious group without legal consequence. The federal government could declare the 'National Day of Anti-Semitism' or even declare Christianity the official religion of the United States, but no one would have standing to sue because no one would have to 'pass by' those declarations." This was in regards to the defendants position that the plaintiffs did not have standing to engage in the lawsuit. Mr. Bolton, legal counsel of the Freedom From Religion Foundation stated, "The Foundation has never been opposed to nongovernment parties designating and participating in their own Day of Prayer activities. Here, however, government officials have too often adopted the religious perspective of Mrs. Dobson and the National Day of Prayer Task Force as the official public statement and position of the government. To the extent that Mrs. Dobson and the Task Force, operating from the Focus on the Family campus in Colorado Springs, concentrate on the private sphere, that is their prerogative. FFRF is concerned about the government's respect for the separation of church and state, which the court intends to address."
On April 15, 2010, Judge Crabb ruled that the statute establishing the National Day of Prayer was unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
as it is "an inherently religious exercise that serves no secular function." Judge Crabb also stated in her opinion, "If the government were interested only in acknowledging the role of religion in America, it could have designated a 'National Day of Religious Freedom' rather than promote a particular religious practice." However, Crabb stayed
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
her ruling pending the completion of appeals.
The U.S. Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
filed a notice to appeal the ruling on April 22, 2010, and on April 14, 2011 a panel at the Seventh Circuit Court of Appeals
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
unanimously overruled Crabb's decision, stating that "a feeling of alienation cannot suffice as injury." They further stated that the President is free to make appeals to the public based on many kinds of grounds, including political and religious, and that such requests do not obligate citizens to comply and do not encroach on citizens' rights. The same day, the Freedom From Religion Foundation announced that it would seek an en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
review of the ruling by the full Seventh Circuit court.
See also
- Day of PrayerDay of PrayerA Day of Prayer is a day allocated to prayer, either by leaders of religions or the general public, for a specific purpose. Such days are usually ecumenical in nature.-World Day of Prayer for Peace:...
- National Day of Prayer Task ForceNational Day of Prayer Task ForceThe National Day of Prayer Task Force is an American evangelical conservative Christian non-profit organization which organizes, coordinates, and presides over Evangelical Christian religious observances each year on the National Day of Prayer....
- National Day of ReasonNational Day of ReasonThe National Day of Reason is an unofficial secular celebration created by the American Humanist Association and the Washington Area Secular Humanists for humanists, atheists, and other secularists and freethinkers in response to the official National Day of Prayer of the United States...
External links
- National Day of Prayer Task Force website
- Presidential Proclamation - National Day of Prayer
- Religious Tolerance.org's section of the National Day of Prayer
- Text of Judge Crabb's Opinion and Order, April 15, 2010
- ADF reassures nation’s mayors that observing 2010 National Day of Prayer is constitutional