Last year the Freedom from Religion Foundation (FFRF) filed a lawsuit to challenge the National Day of Prayer. On April 15, 2010 District Judge Barbara Crabb ruled in their favor on the grounds that:

“The same law that prohibits the government from declaring a National Day of Prayer also prohibits it from declaring a National Day of Blasphemy,” ruled senior federal District Judge Barbara Crabb, in her April 15, 2010 decision. Congress may no more declare a National Day of Prayer than it “may encourage citizens to fast during the month of Ramadan, attend a synagogue, purify themselves in a sweat lodge or practice rune magic.”

Judge Crabb added: “It is because the nature of prayer is so personal and can have such a powerful effect on a community that the government may not use its authority to try to influence any individual’s decision whether and when to pray.”

The Obama administration appealed this ruling and a three judge panel of the Seventh Circuit Court of Appeals dismissed the case on the grounds that the President is the only one who is forced to do anything by the 1952 law, he is the only one who may be injured by it, and he’s not complaining.

You can read more about the case, including the full text of the Seventh Circuit’s ruling here and here.

So what’s the big deal? Just read the “Therefore” part of last year’s presidential proclamation:

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States of America, do hereby proclaim May 6, 2010, as a National Day of Prayer. I call upon the citizens of our Nation to pray, or otherwise give thanks, in accordance with their own faiths and consciences, for our many freedoms and blessings, and I invite all people of faith to join me in asking for God’s continued guidance, grace, and protection as we meet the challenges before us.

Sure he’s not requiring anybody to do anything, but this is a blatant governmental endorsement of a religious practice. The President has a statutory obligation to make this endorsement. This makes it clear that atheists are not part of the “in group,” and makes it so that we can’t equally participate as patriotic citizens. Heck, let’s be blunt here: this is is an unconstitutional establishment of religion.

This is no different than the Pledge of Allegiance, where atheists are forced to keep silent for a portion of it hoping to not be noticed, lie to fit in, or come across as unpatriotic jackasses for remaining seated.

Believe it or not, atheists are just as good and patriotic of citizens as everybody else. Why exclude us?

If you’re in the Boise area, feel free to join our protest of the National Day of Prayer and the prayer rally that will be taking place at the steps of the state Capitol Thursday, May 5th at noon. E-mail me for more details.