Monday, December 17, 2012

The Federal Court Review of the National Day of Prayer

The national day of Prayer, on the first Thursday of May, has been recognised in America since 1952. It is an occasion when all citizens, regardless of their religious background, are asked to spend time in prayer and reflection. However, some claim it is at odds with the establishment clause of the constitution and that the government should be secular and that religious practices are a matter of private choice. A case against the law has been upheld and it may be abolished in the near future.

The United States was first settled by Christians opposed to the control of religion by the state in England and who sought to practise their beliefs freely. Since that time, religion, particularly protestantism, has been an integral part of America's history, culture and heritage. Even in today's society, a significant proportion of the population are regular church attendees who base their actions and philosophy on Christian principles.

Although not officially a law until 1952, the idea of a national day of prayer goes back to 1775, when the constitutional congress recommended that July 20 be designated for this purpose. President John Adams asked the people of the newly formed nation to ask for God's protection on May 9 1798. During the bloody civil war of the 1860s, President Abraham Lincoln thought that a day of prayer would atone for the sins which had brought about the conflict and bring peace to the devastated country.

The day was made official by Harry Truman in 1952, and the national prayer committee was formed in 1982 to co-ordinate the event on a federal state and local level. It has been recognised by the administrations of Ronald Reagan, George Bush senior, and George W. Bush but not by their democratic counterparts, Bill Clinton and Barack Obama.

Opposition to the law was brought before court by the Freedom from Religion Foundation (FRFF) in 2008, who claimed that it contravened the First Amendment to the Constitution which prevents the federal government from enforcing religious observances.

Judge Crabb's later ruling, in April 2010, found the statute to be unconstitutional, and she stated that while the government could promote religious freedom, it could not enforce a religious practice, which should be a matter for the individual conscience. She added that she was not questioning the power of prayer or preventing people from freely acknowledging the day.

At present, the matter is still before the court as there are appeals still to be heard. Whether or not it continues to be an official event on the calendar, religion continues to hold a central place in American society.








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