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Federal Court Dismisses Challenge to Arizona Day of Prayer
Posted by The Congressional Prayer Caucus | December 14, 2011

On Monday, December 12, 2011, a federal district court judge dismissed a lawsuit brought by the Freedom From Religion Foundation (FFRF) challenging Arizona Governor Jan Brewer’s annual Day of Prayer proclamations in 2009 and 2010, and an additional prayer proclamation issued by Gov. Brewer in January 2010.  The judge ruled that individuals represented by FFRF did not have standing to bring the lawsuit because they did not suffer any injury from the proclamations.  The judge relied on a decision by the Seventh Circuit Court of Appeals in explaining that “hurt feelings differ from legal injury.”

The Arizona decision is consistent with the Seventh Circuit’s decision on this issue earlier this year.  In April 2011, the Seventh Circuit dismissed a challenge to the statute that instructs the President to declare a National Day of Prayer each year.  FFRF also brought that lawsuit, alleging that individuals were injured by the proclamations.  In that case, Members of the Prayer Caucus signed onto an amicus curiae brief filed by the American Center for Law and Justice to affirm the constitutionality of the National Day of Prayer.

The Prayer Caucus will continue monitoring this important issue, and will work to defend not only the National Day of Prayer, but the right of all Americans to pray.

Comments
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  • Linda Templet commented on 12/14/2011
    And now it is two days later and FFRF proudly Displays the AWAY WITH THE MANGER--in with the Solstice. Oh please everyone--check it out. FFRF's natural manger scene has been reveiled on the 1st floor of the Capitol Rotunda. Wow--who gave these "Big Cheeses" the PERMIT to publicly BLASPHEME the sacredness of the birth of Christ especially in the Capitol Rotunda? When is Blasphemeing the Sacredness of Religion going to stop? Their signs with Words on it were not enough for these people--They want to add more PRESSURE on the religious people and on our government and Courts of LAW. This 501 c 3 TAX EXEMPT educational organization is looking for Fame and Fortune. They want the FREE publicity so they can accumulate more members to the Freedom FROM Religion Foundation. Freedom and Liberty are just great; but when a "Minority Group" such as FFRF can use their POWERS of Freedom and Liberty to OVERPOWER the Freedom and Liberty of the "Majority" then something is wrong with our ways of governing. Don't we have LAWS against humiliating someone? These people are humiliating me and ALL christians. Now they made an actual MANGER SCENE for more people to make fun of religion. This is a down and out ATTACK on ACCOUNT of RELIGION! This is not about "hurt feelings" because of words spoken in a prayer. This is a VENGENCE ATTACK. AGAINST CHRISTIAN FAITH AND BELIEFS. This vengence must be stopped before more people become like me. I AM OUTRAGED. They are causing me grief and pain. Their words and their actions are causing ME to SUFFER EVERYDAY. My nature is turning into ANGER and Rage. It is hard for me to control myself and I am beginning to HATE these people whom I don't even know. This minority group keeps me so upset that I can't even sleep at night. I know how to control my anger and rage but there are some people in this country who are not like me. This minority group is doing everything in their POWER to terrorize the Christian People. I know from experience, when people get pushed around and get bullied enought; SOONER OR LATER the people will stand up and fight. Some people take the LAW in their own hands. I believe in God-- How DARE these people make fun of ALMIGHTY GOD and HOW DARE THEM MAKING FUN of the Sacredness of the manger scene! Right is Right and Wrong is Wrong. Never before in the History of this United States of America has the foundation for the LAWS of Freedom and Liberty became so weak. What is weakening our Solid Rock Laws and turned them into sinking sand? These people are looking for a Spiritual War to get started. THIS Minority group needs to be put in their place. How on earth can the IRS, a government agency, give these people a TAX EXEMPT status to start a Spiritual WAR in this country? Do they get any of the peoples TAX DOLLARS? Who do these people think they are; BIG WHEELS in our country? These are people full of vengence and hatred. I really think we have a LEG to stand on now in a Court of LAW. These people are totally trying to take away peace to stir up troubles in our United States of America. Their manger scene is NOT a peaceful assembly--It is OUTRAGEOUS AND HUMILIATING! It is there to STIR ANGER amongst the people who look at it. Take this blasphemous item out of the Capitol Rotunda of whatever state it is in. All States belong to our union and All States Mottos are "In God We Trust". This State needs to be IMMEDIATELY contacted for allowing them a permit to humiliate our Sacred Honor. Please Congress protect us before an actual spiritual war breaks out in our country. I am not the only one in America that is being affected by their high and almighty power. There are others just like me--and we have had enough of this pushed down our throats.
  • Linda Templet commented on 12/16/2011
    Talk about a mental Heath issue- Can we get some Federal Emergency Assistance from the Department of Justice. Our representatives were concerned after the 9/11 attack on account of religion--Can you all call a special session for this Mental Health Issue concerning FFRF's Away With The Manger--in with the Solstice nativity Scene? I think you can. After 9/11 it was writted: Recognizing that Early Mental Health Intervention can help people recover sooner, HHS has joined with the Federal Emergency Management Administration (FEMA) and other federal agencies, including the Department of Justice, to speed both the human and financial resources for crisis intervention and counseling requested by affected states. This display of Away WITH the Manger--in with the Solstice is a scene TO INTENTIONALLY CAUSE PHYCHOLOGICAL AND EMOTIONAL RELIGIOUS MENTAL HEALTH ABUSE, TORTURE, and WOUNDS during our Christmas Season. This is a DEVASTATING PHYCHOLOGICAL ATTACK AGAINST RELIGION which is going to SHOCK the nation once people begin to see this display! This display is like a volcano--it could erupt peoples emotions and affect their mental health at any time. Don't you all see what this is doing to me?? My emotions have already erupted. I see where this is an INTENTIONAL INFICTION OF PHYCHOLOGICAL EMOTIONAL DISTRESS and AGONY--Aren't there Solid Rock Laws that were made to protect me and all people against intentional infliction of pain whether it be physical or MENTAL or EMOTIONAL? I wish I had a lawyer to take my case or but WAIT--Aren't most of you Congressmen and women LAWYERS. Didn't you all study the law? I don't have any money for a lawyer---Will you all defend me and take my case to the SUPREME COURT JUSTICES. Bring your gifts of GOLD, FRANK--IN--SENSE and MYRRH to the HOUSE WISE MEN. Will you all stand up for me-- The FIELD is RIPE--It is time for the HARVEST--so bring in your sickles and lets get this IN WITH the SOLSTICE Scene out of the sights and out of the minds of all the people. Christmas is to bring PEACE in the world; not WAR. God Bless All of you.
  • Marc Victor commented on 12/20/2011
    There is a disturbing trend developing in First Amendment jurisprudence; especially in the area of church and state separation. Notwithstanding the fact that many state sponsored or endorsed religious actions appear to clearly violate the well established parameters of the First Amendment, courts are now routinely dismissing lawsuits for lack of standing. To be clear, these dismissals do not involve a rejection of the constitutional challenge on the merits of the claim. To the contrary, they are simply evasions of the issue altogether. They are technical dismissals resulting in the untenable position that these First Amendment violations are simply unchallengeable by any person. Rather than hear these challenges on the merits and reach the inescapable conclusion that such actions are indeed unconstitutional, many courts have agreed to side step the issue by construing the doctrine of standing so such unconstitutional acts remain safe from constitutional challenge. Courts should be bold enough to hear and decide these challenges on constitutional grounds. Constitutional protections are meaningless if courts construe the law such that no person can invoke those protections. In an effort to attempt to have these matters heard on the merits and to validate the notion that constitutional violations can be challenged, our clients have decided to appeal the district court’s dismissal of the Day of Prayer lawsuit. We expect to file an appeal to the 9th Circuit Court of Appeal very soon. Additionally, another lawsuit will be filed in the state court alleging violations of the state constitution. This lawsuit is about the role of government. Our clients remain committed to the notion that prayer is either a private matter or one that can be openly and loudly promoted by any private individual or private company on any private property for any length of time. Any effort by government to inhibit any private person’s right to pray on any non-governmental property would be opposed by all plaintiffs to this lawsuit. However, our clients, those religious and non-religious, remain equally committed to the well established notion that government should neither promote, inhibit nor endorse any religious view. Simply put, government should stay out of religious matters altogether; our constitution forbids it and it is both consistent and indispensible to notions of a free and open society.
  • Linda Templet commented on 12/21/2011
    This just simply amazes me. I can look back at our Declaration of Independence and see that Appealing to the Supreme Judge of the World for the Rectitude of our Intentions is the same thing as Praying to the Supreme Judge of the World. Marc, you seem to be the legal expert. Now these Representatives in General Congress, ASSEMBLED, and appealed to who. Your the Lawyer Marc. Do you appeal court cases to a higher court of law? What does appeal mean? 1. An earnest or urgent request, entreaty, or supplication. 2. A resort to a higher authority or greater power, as for sanction, corroboration, or a decision. Oh--that's right--that is what you are going to do. You are going to go to the 9th Circuit Court of Appeals to challenge Arizona's Day of Prayer. Well our forefathers did not have to go to the 9th Circuit Court of Appeals to find out whether it was okay to pray in a government owned building or not because there was no seperation of church and state when our official documents were written. They had the Freedom and the Liberty to pray or appeal to the Supreme Ruler of the World where ever or when ever they felt the need to do it. They knew the laws because they wrote the laws. If appealing to the Supreme Ruler of the World in a government building was unlawful, do you think they would have done it? These men prayed assembled in General Congress--they did not have to leave these government grounds and ASSEMBLE at a CHURCH to pray for the Rectitude of their Intentions. They ALL prayed together--all faiths--all religious SECTS--believers and non believers all came together as ONE BODY on this Day of Prayer and prayed to the Supreme JUDGE of the World. What was the Rectitude of their Intentions? The Recitude of their Intentions were to absolve ALL Allegiance to the British Crown and to dissolve the POLITICAL CONNECTION between them and the state of Great Britian. Do I have to list the reasons WHY? Now you say that "constitutional violations can be challenged". What did they violate when they assembled and prayed during this gathering of the General Congress in a government building? Go ahead--challenge Arizonas Day of Prayer. Do you have a LEG to stand on Sir? Sir I am standing on the Solid Rock--There was no seperation of church and state back then and there is no seperation of church and state NOW. These men were endowed by their Creator and they were endowed to appeal to the Supreme Judge of the World for their Moral uprightness or righteousness of their Intentions. Endowed means a gift or talent. These men had a special gift or talent in how to fight a war in a upright or righteous manner. They patiently waited for things to change. They begged and pleaded for a redress of grievances; but like us in todays world--it never happened. Our First Amendment needs to be redressed concerning all the parts! A Proclaiming of a Day of Prayer is a Human Event and it is a Human Issue; there is no POLITICAL Connection between requesting people to pray for the welfare of our country. There is no LAW forcing people to pray; as a matter of fact, this is just a prayer request. You have a choice the same as I do. We do not owe any Allegiance to the British Crown any longer; instead, we oue our Allegiance to the Supreme Judge of the World. Our Virginia Bill of Rights EXPLAINS that Religion, OR the DUTY WHICH WE OWE TO OUR CREATOR, is who we owe our Allegiance to. It is our DUTY or our MORAL OBLIGATION Sir to pray to the Supreme Judge of the World to help us form a divine Providence. This is the Rectitude of our Intensions Sir. Now I ask you, What is your Rectitude for you and your clients Intentions of going to a higher court or JUDGE? Rectitude means 1. Moral uprightness; righteousness. 2. The quality or condition of being correct in judgment. 3. The quality of being straight. Is the Rectitude for you and your clients Intentions based on Moral uprightness or righteousness? Ours Rectitude for our intentions of having a Day of Prayer is for Moral uprightness or righteousness in the people who Represent us while running our government and all people; believers as well as non believers. Moral uprightness dwells within atheists the same as people of all faith. Religions are to create, form, or make Moral uprighness or righteousness in the nature of people. Righteousness, which is a biblical term, is the same thing as Moral uprightness. So will you all be challenging the violations of Moral uprightness or righteousness while in any public buildings or public grounds while appealing to the 9th Circuit Court of Appeals? I'm just wondering if FFRF is one of your clients--if so--Did they put up their Away With The Manger Scene so that their Moral uprightness and intregrity could be challenged?
  • Linda Templet commented on 12/22/2011
    Marc my mind is still thinking. You are so very right when you say government should stay out of religious matters; that is our seperation of church and state. Now our First Amendment does forbid Congress from making any laws concerning an establishment of religion, OR prohititing the free exercise thereof. There are two parts to this restrictive clause. Congress shall make no law respecting an establishment of religion-- A territory over which rule and control is exercised is called a domain. Land governed by a ruler or government is called a domain. But I ask you is religion also a domain in our country? Religion, or the belief in a Supreme Being, is not territory over which rule and control is exercised by a ruler or government; it is intellectual property. Religion falls under a different sort, kind, or type of domain. Public domain may refer to ideas, information, and works that are "publicly available", but in the context of intellectual property law, Public Domain refers to works, ideas, and information which are intangible to private ownership and/or which are available for use by members of the public. Now religion gives us many moral lessons on the GOOD WAYS of life. After we learn these lessons of moral uprightness or lessons of righteousness from all the different sorts, kinds, or types of religions; we go out and do the works that was given to us to do to. That "work" is to create , form, and make another image after our likeness of moral uprightness or righteousness; Or a good moral character. Now nobody pays me for the "works" that I am doing. I work day and night because I KNOW that our country would have the inmage of a divine Providence if we ALL learned the lessons of Moral uprightness or righteousness. Our forefathers fought against EVIL WAYS and EVIL DOINGS so that we could have a divine Providence filled with Moral uprightness--for the non believers, OR RIGHTEOUSNESS for the Religious believers. So I ask you, why on earth would you OR your clients ever want to take Religion out of our government or our country when religion does the works of Moral Uprightness? Government does not have rule over our intellectual property at all. The the King James Version of the Bible is a book of "Public Domain". So is Religion.
  • Linda Templet commented on 12/22/2011
    Congressmen and women-Looking at FFRF'S WEB--Site This morning I see the headlines--- FFRF'S first--EVER "ANTIcreche"--a natural nativity display!! Then it says "This "nativity" was assembled over a HURRIED weekend in December 2011, to balance and PROTEST a Christian nativity display placed for the time at the Wisconsin State Capitol". Does one have to have a permit to protest in a States Captial Building?? I'll call and see. Kudos to FFRF'S NEW ATTORNEY Andrew Seidel for his TALENT, SKILL, ENTHUSIASM and EXPERT CARPENTRY in creating this display. You all go and see.
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