{"id":750,"date":"2011-07-29T13:31:29","date_gmt":"2011-07-29T17:31:29","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=750"},"modified":"2011-08-01T11:28:53","modified_gmt":"2011-08-01T15:28:53","slug":"atheists-shutdown-in-tx-one-down-one-to-go","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html","title":{"rendered":"Atheists Shutdown in TX: One Down, One to Go"},"content":{"rendered":"<p>A federal court in Texas did exactly what a federal appeals court did just three months ago. Shut down a legal challenge by the Freedom From Religion Foundation (FFRF), an atheist group.<br \/>\n\u00a0<\/p>\n<p><a href=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80841349.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-thumbnail wp-image-597\" src=\"https:\/\/wp-media.beliefnet.com\/sites\/240\/2011\/07\/shutterstock_80841349-150x150.jpg\" alt=\"\" width=\"150\" height=\"150\" \/><\/a><a href=\"http:\/\/www.chron.com\/disp\/story.mpl\/metropolitan\/7673962.html\" target=\"_blank\">A federal judge rejected FFRF&#8217;s lawsuit<\/a> targeting the Day of Prayer in Texas scheduled for August 6th. The group went to court to try and block Texas Governor Rick Perry, who issued a <a href=\"http:\/\/governor.state.tx.us\/news\/proclamation\/16247\/\" target=\"_blank\">prayer proclamation<\/a>, from participating in a prayer event scheduled for that day.<br \/>\n\u00a0<\/p>\n<p>The court did exactly what we had hoped it would. Reject the motion for a preliminary injunction and dismiss the lawsuit.<br \/>\n\u00a0<\/p>\n<p>The decision, posted\u00a0<a href=\"http:\/\/c0391070.cdn2.cloudfiles.rackspacecloud.com\/pdf\/order-dismissing-ffrf-v-perry-prayer-case.pdf\" target=\"_blank\">here<\/a>,\u00a0came on the day we filed our amicus brief in the case &#8211; urging the judge to reject a motion for a preliminary injunction (which he did) and dismiss the lawsuit (which he did).<br \/>\n\u00a0<\/p>\n<p>In our <a href=\"http:\/\/c0391070.cdn2.cloudfiles.rackspacecloud.com\/pdf\/aclj-amicus-brief-in-ffrf-v-perry.pdf\" target=\"_blank\">friend-of-the-court brief<\/a> filed in the U.S. District Court, Southern District of Texas, Houston Division we argued that FFRF lacked legal standing in this case and noted that &#8220;claims of injury amount to nothing more than being offended by Governor Perry&#8217;s statements.&#8221; We also rejected assertions that Governor Perry&#8217;s call for Texans and other Americans to pray violates the Establishment Clause. We argued the suit was without merit and was inconsistent with Supreme Court precedent as well as the long history of official government acknowledgement of religion in American life &#8211; specifically with the long history in this nation of legislators and executive officials calling this nation&#8217;s people to prayer. Our amicus brief is posted <a href=\"http:\/\/c0391070.cdn2.cloudfiles.rackspacecloud.com\/pdf\/aclj-amicus-brief-in-ffrf-v-perry.pdf\" target=\"_blank\">here<\/a>.<br \/>\n\u00a0<\/p>\n<p>In the Texas case, the judge adopted our argument and reached the same conclusion that a federal appeals court did back in April.<\/p>\n<p>&nbsp;<\/p>\n<p>In his order, U.S. District Court Judge Gray H. Miller repeatedly cited the decision of the appeals court in the failed challenge to the presidential proclamation for a National Day of Prayer. Judge Miller made it clear that FFRF failed to have legal standing in the Texas case:<\/p>\n<p style=\"padding-left: 90px\">\u00a0<\/p>\n<p style=\"padding-left: 90px\">&#8220;Whether in the official proclamation, a statement made available in print or by video on a website, or otherwise, Governor Perry has done nothing more than invite others <em>who are willing to do so <\/em>to pray. Like President Obama\u2019s proclamation, Governor Perry\u2019s statements are requests, not commands, and no injury flows from a mere request.&#8221;<\/p>\n<p>&nbsp;<\/p>\n<p>FFRF challenged the presidential proclamation for the National Day of Prayer, claiming it was offended by the proclamation.\u00a0<a href=\"http:\/\/aclj.org\/aclj\/national-day-of-prayer\/aclj-calls-appeals-court-decision-upholding-national-day-of-prayer-victory-for-our-nation-s-heritage-history\" target=\"_blank\">We filed a critical amicus brief in that case representing members of 67 members of Congress<\/a>. Echoing an argument made in our brief, the appeals court in April concluded: &#8220;Hurt feelings differ from legal injury,&#8221; and noted that all plaintiffs ultimately allege is &#8220;disagreement with the President&#8217;s action.&#8221;\u00a0<br \/>\n\u00a0<\/p>\n<p>FFRF says it may appeal the Texas decision. If so, we&#8217;ll file an amicus brief challenging the appeal.<br \/>\n\u00a0<\/p>\n<p>But for now, one down, one to go.<a href=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/916782911.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-thumbnail wp-image-735\" src=\"https:\/\/wp-media.beliefnet.com\/sites\/240\/2011\/07\/916782911-150x150.jpg\" alt=\"\" width=\"150\" height=\"150\" \/><\/a><br \/>\n\u00a0<\/p>\n<p>That&#8217;s right. Next stop &#8211; urging a\u00a0court in New York City to reject a lawsuit brought by another atheist group, American Atheists.<br \/>\n\u00a0<\/p>\n<p>I&#8217;ve already told you about\u00a0a <a href=\"http:\/\/blog.beliefnet.com\/faithandjustice\/2011\/07\/world-trade-center-cross-faces-legal-attack.html\" target=\"_blank\">legal challenge to the World Trade Center cross<\/a> at the new museum at Ground Zero. That group is offended by the sight of the cross. Actually, they claim both emotional and physical injury from this cross, a ridiculous argument, <a href=\"http:\/\/aclj.org\/war-on-terror\/does-the-sight-of-a-cross-in-a-museum-give-you-indigestion\" target=\"_blank\">as noted by ACLJ Senior Counsel David French<\/a>. As I told the <em>New York Times: <\/em><a href=\"http:\/\/www.nytimes.com\/2011\/07\/29\/nyregion\/atheists-sue-to-ban-display-of-cross-shaped-beam-in-911-museum.html?_r=1\" target=\"_blank\">&#8220;They want their day in court. I don\u2019t think it\u2019s going to be a long day.&#8221;<\/a> As we&#8217;ve reported, we will file an amicus brief in this case, representing former NYC firefighter and first responder Tim Brown and others.<br \/>\n\u00a0<\/p>\n<p>While we will continue to focus on shutting down the FFRF challenge at Ground Zero, let&#8217;s realize that the Texas decision represents an important victory for the First Amendment and another nail in the coffin for the flawed legal strategy employed by atheist groups.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal court in Texas did exactly what a federal appeals court did just three months ago. Shut down a legal challenge by the Freedom From Religion Foundation (FFRF), an atheist group. \u00a0 A federal judge rejected FFRF&#8217;s lawsuit targeting the Day of Prayer in Texas scheduled for August 6th. The group went to court&hellip;<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38,141,22,66],"tags":[743,169,261,260,257,754,256,259,258,255,254,249,246],"class_list":["post-750","post","type-post","status-publish","format-standard","hentry","category-9-11","category-first-amendment","category-prayer","category-u-s-constitution","tag-aclj","tag-american-atheists","tag-deny-preliminary-injunction","tag-dismiss-lawsuit","tag-freedom-from-religion-foundation","tag-ground-zero","tag-houston","tag-legal-standing","tag-new-york-times","tag-proclamation-for-day-of-prayer","tag-texas-governor-rick-perry","tag-world-trade-center-memorial-and-museum","tag-wtc-cross"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v23.9 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Atheists Shutdown in TX: One Down, One to Go - Faith &amp; Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Atheists Shutdown in TX: One Down, One to Go - Faith &amp; Justice\" \/>\n<meta property=\"og:description\" content=\"A federal court in Texas did exactly what a federal appeals court did just three months ago. Shut down a legal challenge by the Freedom From Religion Foundation (FFRF), an atheist group. \u00a0 A federal judge rejected FFRF&#8217;s lawsuit targeting the Day of Prayer in Texas scheduled for August 6th. 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Shut down a legal challenge by the Freedom From Religion Foundation (FFRF), an atheist group. \u00a0 A federal judge rejected FFRF&#8217;s lawsuit targeting the Day of Prayer in Texas scheduled for August 6th. The group went to court&hellip;","og_url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html","og_site_name":"Faith &amp; Justice","article_published_time":"2011-07-29T17:31:29+00:00","article_modified_time":"2011-08-01T15:28:53+00:00","og_image":[{"url":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80841349-150x150.jpg"}],"author":"Jay Sekulow","twitter_card":"summary_large_image","schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html","name":"Atheists Shutdown in TX: One Down, One to Go - Faith &amp; Justice","isPartOf":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html#primaryimage"},"image":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html#primaryimage"},"thumbnailUrl":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80841349-150x150.jpg","datePublished":"2011-07-29T17:31:29+00:00","dateModified":"2011-08-01T15:28:53+00:00","author":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4"},"breadcrumb":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html#primaryimage","url":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80841349-150x150.jpg","contentUrl":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80841349-150x150.jpg"},{"@type":"BreadcrumbList","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/atheists-shutdown-in-tx-one-down-one-to-go.html#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice"},{"@type":"ListItem","position":2,"name":"Atheists Shutdown in TX: One Down, One to Go"}]},{"@type":"WebSite","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/","name":"Faith &amp; Justice","description":"Jay Sekulow - ACLJ","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4","name":"Jay Sekulow","description":"Jay Sekulow is Chief Counsel for the American Center for Law and Justice (ACLJ), a law firm and educational organization that focuses on constitutional law. He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/750","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=750"}],"version-history":[{"count":21,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/750\/revisions"}],"predecessor-version":[{"id":770,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/750\/revisions\/770"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=750"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}