{"id":297,"date":"2010-07-13T10:44:22","date_gmt":"2010-07-13T10:44:22","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2010\/07\/back-in-court-on-national-day.html"},"modified":"2010-07-13T10:44:22","modified_gmt":"2010-07-13T10:44:22","slug":"back-in-court-on-national-day","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2010\/07\/back-in-court-on-national-day.html","title":{"rendered":"Back in Court on National Day of Prayer"},"content":{"rendered":"

Barry,<\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n

While we don’t agree on the outcome of the Supreme Court decision in the case of  <\/span>Christian Legal Society v. Martinez<\/i> – there’s one thing that I suspect we see eye-to-eye on.  <\/span>And that’s the fact that this decision, like many church\/state decisions, was decided by one vote continuing to reflect a sharply divided court on these issues.  <\/span>Even if Elena Kagan is confirmed to replace retired Justice Stephens – that fact is not likely to change anytime soon.<\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n

Let’s focus on a case now that is likely to end up at the Supreme Court.  <\/span>It’s a case we discussed earlier out of Wisconsin where a federal judge ruled in favor of the Freedom From Religion Foundation declaring the National Day of Prayer unconstitutional – a violation of the Establishment Clause.<\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n

The case is now before the U.S. Court of Appeals for the Seventh Circuit and we have just filed an amicus brief <\/a>on behalf of 67 members of Congress in support of the federal government’s defense of this tradition.<\/font><\/span><\/p>\n

<\/p>\n

Barry, this is a case where the law and history are very clear in recognizing the fact the a day set aside to pray for our country is not only a time-honored tradition, but one that is consistent with the First Amendment.<\/font><\/span><\/p>\n

<\/span> <\/p>\n

<\/span>Many members of Congress understand that the National Day of Prayer is a constitutional reflection of our history – our heritage.  <\/span>This tradition is supported by Supreme Court precedent and numerous acts of Congress.  <\/span><\/font><\/span><\/p>\n

<\/span><\/font><\/span> <\/p>\n

<\/span><\/font><\/span>In our amicus brief, we argue that the Freedom From Religion Foundation lacked standing to bring the suit in the first place.  <\/span>And we argue that there are key Supreme Court decisions that point to the constitutionality of this day of prayer.  <\/span>Specifically, we cite the 1983 decision in Marsh v. Chambers<\/i> by the Supreme Court as one important example.<\/font><\/span><\/p>\n

<\/span> <\/p>\n

<\/span>According to the brief:  <\/span>“The historical record establishes that the National Day of Prayer ‘is deeply embedded in the history and tradition of this country.’ 463 U.S. at 786.  <\/span>If calls for national prayer did not violate the Establishment Clause during the founding era, Marsh<\/i> requires the conclusion that the National Day of Prayer is constitutional today.”<\/font><\/p>\n

 <\/p>\n

“A proper understanding of the Court’s Establishment Clause jurisprudence supports the conclusion that because of the historic pedigree of the National Day of Prayer, the federal statute in which it is codified is constitutional,” the brief contends.<\/font><\/p>\n

 <\/p>\n

The brief concludes:  <\/span>“The First Amendment Religion Clauses, which themselves single out religion for favorable treatment, simply do not require such a ‘relentless extirpation’ of all religious expression and reference from public life.”  <\/span>Allegheny<\/i>, 492 U.S. at 657 (1989) (Kennedy, J., concurring).<\/font><\/p>\n

 <\/p>\n

Since the founding era, nearly every president has issued proclamations calling the nation to pray for various purposes.  <\/span>The brief outlines the robust history of prayer proclamations, including presidential proclamations dating back to George Washington.  <\/span>It’s also significant to note that James Madison, who authored the First Amendment that is at the center of this challenge, himself issued four similar proclamations of prayer.<\/font><\/p>\n

 <\/p>\n

We represent 67 members of Congress – both Democrats and Republicans – who understand that the National Day of Prayer is not a violation of the First Amendment.<\/font><\/p>\n

 <\/p>\n

Barry, the 7th Circuit has an important opportunity to correct this badly flawed lower court decision.  <\/span>We’re hopeful the appeals court will reverse the federal district court and protect a tradition that’s been part of our nation for centuries.<\/font><\/p>\n

<\/font> <\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/span><\/span><\/font><\/font><\/span><\/span><\/span><\/font><\/font><\/span><\/font><\/span><\/font><\/span><\/span><\/span><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font> <\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry,   While we don’t agree on the outcome of the Supreme Court decision in the case of  Christian Legal Society v. Martinez – there’s one thing that I suspect we see eye-to-eye on.  And that’s the fact that this decision, like many church\/state decisions, was decided by one vote continuing to reflect a sharply…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,75,139,5],"tags":[],"class_list":["post-297","post","type-post","status-publish","format-standard","hentry","category-courts","category-establishment-clause","category-first-amendment","category-separation-of-church-and-state"],"yoast_head":"\nBack in Court on National Day of Prayer - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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