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K. Hollyn Hollman

K. Hollyn Hollman

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Does the National Day of Prayer Violate Church-State Separation?

Posted: 05/ 6/10 12:12 PM ET

Today, in cities across the country, public events will mark the National Day of Prayer 2010.

There is no problem when Americans -- including public officials -- gather to pray. In fact, for people of faith, every day should be a day of prayer. Questions properly arise, however, when the government, by an official act of Congress, urges citizens to engage in a religious exercise.
As citizens, Americans share a long history and proud tradition of religious liberty. As individuals with diverse beliefs, however, Americans do not share a common religion or participate in the same religious practices. A day of prayer might be appropriately encouraged by our country's various religious leaders -- but it should not be called for by civil magistrates, Congress, or even the president.

As the principles contained in the first 16 words of the First Amendment make clear, government shouldn't be in the business of telling the American people what, where or when to pray, or even if they should pray. The national prayer proclamation conflicts with the model of religious freedom embraced in the United States long ago. That model has protected religious expression of all types, and created a healthy and nourishing environment for religious practice. As a result, religion in America has flourished, and it is diminished -- not enhanced -- when government intervenes in matters of faith and religious practice.

The origins of the National Day of Prayer date to 1952, when Congress passed a joint resolution, signed by President Harry Truman, setting aside one day a year (other than a Sunday) for prayer. Since then, presidents have proclaimed a day for prayer. While not all presidents have issued proclamations, most have. Still, the idea was controversial from our country's founding, especially for those best known for dedication to religious liberty.

Thomas Jefferson, author of Virginia's Bill for Establishing Religious Freedom, refused to issue a thanksgiving proclamation, believing it to be unconstitutional and unwise. Jefferson opposed the government's "intermeddling" in religious doctrine, discipline, and practices. James Madison, father of the Constitution, gave five reasons why a religious pronouncement should not be handed down by civil magistrates. Chief among them was that an "advisory Gov't is a contradiction in terms." Madison wrote that such proclamations tend "to imply and certainly nourish the erroneous idea of a national religion."

The National Day of Prayer became a more formal affair in 1988 after prominent backers complained that their constituencies were unable to organize effectively because the observance was held on different days each year. They sought not only government recognition for the importance of prayer but also a little help for rounding up a mass of folks to participate in response to the proclamation. They pressed Congress for legislation setting up a specific day each year to optimize their long-range planning. Legislation now provides that "the president shall issue each year a proclamation designating the first Thursday in May as a 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."

Consistent with that legislation, on April 30 this year, President Barack Obama proclaimed that today would be a National Day of Prayer. Obama did so despite a federal district court judge's ruling last month that held that the statute establishing the prayer day is unconstitutional. The Obama Administration has announced that it intends to appeal the ruling.

As church-state controversies go, a congressional resolution and a presidential proclamation establishing a National Day of Prayer do not represent a cataclysmic breach in the wall of separation. After all, there is little if any coercion of anyone's conscience, and most Americans are unaware of the occasion.

But actual coercion has never been the standard for judging whether government has overstepped its bounds in promoting religion. Even if the National Day of Prayer is not held to be unconstitutional, it is certainly unwise.

The proclamation states that "Prayer has been a sustaining way for many Americans of diverse faiths to express their most cherished beliefs, and thus we have long deemed it fitting and proper to publicly recognize the importance of prayer on this day across the Nation."

Indeed, prayer sustains many Americans. In countless houses of worship, in homes with tables of plenty and those where food is scarce, at the bedsides of children being tucked in for the night, and in celebration of each sunrise, people pray. No doubt many gather together to pray for our country and our elected officials. They surely need our prayers.

In the end, religion is best promoted when left to itself -- espoused not by government officials, but by communities of faith. That is the genius of the American tradition of separation: it is designed to promote, not constrain, the free exercise of religious faith in all its varieties. If Congress and the president truly want to promote prayer, they should follow the wise counsel of Jefferson and Madison and keep the government out of it.

 
Today, in cities across the country, public events will mark the National Day of Prayer 2010. There is no problem when Americans -- including public officials -- gather to pray. In fact, for people o...
Today, in cities across the country, public events will mark the National Day of Prayer 2010. There is no problem when Americans -- including public officials -- gather to pray. In fact, for people o...
 
 
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01:50 AM on 05/07/2010
***Does the National Day of Prayer Violate Church-State Separation?***

Yes, because it was designated by the US Congress, which is in violation of the Establishment Clause.

It also violates the first prong of the Lemon Test by having no secular purpose.
04:27 PM on 06/01/2010
If it does not force anyone to pray or impose penalty for those who do not pray, then does it really violate any laws?

We also need to get off of the church-state separation idea. While it is a concept of Jefferson's, it is not part of any founding documents.
HUFFPOST SUPER USER
AntigoneRisen
09:48 PM on 05/06/2010
"After all, there is little if any coercion of anyone's conscience, and most Americans are unaware of the occasion."

Uh-huh. Which is why the events, many of them on government grounds, cater almost exclusively to Christianity, and never vary outside of the Abrahamic religions. The fact that the Family Research Counsel was organizing the Pentagon's festivities should cause every eyebrow in this country to raise several feet. When have you seen a Hindu priest or Wiccan priestess invited? I thought so.
08:08 PM on 05/06/2010
Thank you Ms. Hollman for a well-thought-out article.
08:08 PM on 05/06/2010
Jefferson and Madison were very wise.
05:02 PM on 05/06/2010
Do we know that humans have telepathic powers and can actually send silent wishes? Do we know there is a man in the sky able to hear them and magically grant these wishes? Why in the world is our government endorsing this stone age foolishness and helping to legitimize it with a national prayer day? We no more should have a national prayer day then we should have a national god is a silly superstition day. Why can't the theists stop with their endless encroachment of taking this god nonsense where it clearly doesn't belong? It's a sign they are very insecure which is also a reflection on why they still blindly believe in this supernatural voodoo and use it as a way to cope. This is the 21st century, it's time to let the voodoo go.
03:57 PM on 05/06/2010
"For people of faith, every day should be a day of prayer". I agree. So why do we need one day set aside for a National Day of prayer. Aren't we supposed to pray daily? And isn't it supposed to be a personal thing, between you and God?
Oh, I forgot, that would mean that you wouldn't be seen in public showing how religious you are.
03:28 PM on 05/06/2010
“And I have no doubt that every new example will succeed, as every past one has done, in showing that religion and Government will both exist in greater purity, the less they are mixed togetherâ€
- James Madison of Orange County, VA.
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HUFFPOST SUPER USER
HarmNone
Censorship: Reaction of the ignorant to freedom
03:23 PM on 05/06/2010
Excellent article, factual and well stated. Demonstrates where we have gone backwards. Our American Forefathers were very intuitive and wise. Too bad we don't have any Jeffersons or Madisons around today - we are sorely in need of them.
08:06 PM on 05/06/2010
No Jefferson or Madison could get elected today. I don't, for one minute, think that Obama gives a care about a national day of prayer, but he knows which side his bread is buttered on. Christians are still in the majority in this country and he still has another term to run for.
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HUFFPOST SUPER USER
HarmNone
Censorship: Reaction of the ignorant to freedom
11:09 PM on 05/06/2010
Well, we have our freedom of speech to let the bureaucrats know how we feel. The non-xtian group is becoming more and more vocal. So there is always hope, and if it becomes more prudent to do so, O'Bama can change.
02:51 PM on 05/06/2010
Hear, hear to Ms. Hollman's well-written and thought-out piece on a day that never should have existed in the first place. I’m not a legal expert nor am I against prayer. But government leaders should keep their hands off religion. Do not give others in our country a green light to force religion upon others.
If people want to pray, pray. If religious leaders want to anoint a day of prayer, fine. Even then, why not let religion be practiced where it belongs – in churches, temples, mosques, other houses of worship, and our own homes? I spent the bulk of my childhood in rural Ohio as the only Jew in my school system. My opinion stems from memories of ostracism and pain when others tried to push their religion onto me.
To read more of my views on the existence of National Prayer Day, read my blog at http://jewishmuse.com
03:41 PM on 05/06/2010
Thank you for your insights and story.
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Thinkster
I Think, therefore I POST!
02:38 PM on 05/06/2010
BTW - thank you K. Holly Hollman for a thoughtful and thought-provoking article.
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dawacu
Jesus loves you
01:42 PM on 05/06/2010
No one is forced to pray, no one is rewarded for praying, and no particular type of prayer is advocated. I find it hard to swallow the idea that the National Day of Prayer establishes religion any more than a court ruling requiring the removal of the Ten Commandments on public property establishes atheism.
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Thinkster
I Think, therefore I POST!
02:22 PM on 05/06/2010
You don't understand - it does establish a semblance of national religion, and it gives the appearance of national religion, even if non-specific, and disenfranchises those of us who feel the government (as directed by the constitution) must not engage itself in religious matters, or do anything that might be construed as supporting any religion.

Further, this is a christian religious idea - I don't hear anyone else calling for this day of prayer, that also makes it seem very much as if we have a christian-based national religion - which we most certainly DON'T!!

Last but not least, the "day of prayer" has nothing to do with furthering the governments business - this is a "day" that is not required - if you want to pray, you have lot's of churches you can go to any time you like and pray in private - this is not about giving everyone an opportunity to pray together, it's actually christian propaganda being shoved in everyone's face.

An end to this - religion belongs in churches and your homes, not in our public discourse.
04:31 PM on 06/01/2010
So, what national religion does it establish? You didn't say.

How is it we take the prayer out of school and then we want to know why little Johnny killed Timmy and Mry is pregnant? Does anyone see a correlation?
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Thinkster
I Think, therefore I POST!
02:25 PM on 05/06/2010
I think also we should see this in the same light as prayer in classrooms - kids that don't bend a knee when prayer in classrooms is allowed are automatically outcasts and are ostracised for not doing what all the other little sheep are doing - this is very difficult for young people to understand, it is devisive and damaging to young people to put them in this position - so - no prayer in our schools.

Works the same for a public day of prayer mandated by our government - bad news all around.
01:10 PM on 05/06/2010
National Day of Stupid.

Why not? National Day of Monster Trucks. National Day of Dancing With the Stars. National Day of Pimp My Ride.

Again -- why not?
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Thinkster
I Think, therefore I POST!
02:22 PM on 05/06/2010
National day of counting how many angels can dance on the head of a pin.

Pinheads.
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Bob Helweil
04:22 PM on 05/06/2010
Thinkster--You left the subject which is the separation of church and state--No need to deprecate people of faith or question their intelligence. The Constitution assures them freedom of religion. Just do not have government in any way involved in foistering any religion upon our secular country.