Atheists' case against National Day of Prayer thrown out

St. Anthony and the demons

"To my mind there is no labor so great as praying to God: for when a man wishes to pray to his God, the hostile demons make haste to interrupt his prayer, knowing that their sole hindrance is in this, a prayer poured out to God. With any other labor that a man takes in the life of religion, however instant and close he keeps to it, he hath some rest: but prayer hath the travail of a mighty conflict to one's last breath."

- St. Agatho

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MADISON, Wis. (philly.com) - A federal appeals court Thursday threw out a ruling that the National Day of Prayer is unconstitutional and ordered the dismissal of a lawsuit challenging President Obama's right to proclaim the day.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Madison-based Freedom From Religion Foundation, a group of atheists and agnostics, did not have standing to sue because the proclamation had not caused them any harm.

"A feeling of alienation cannot suffice as injury," the court said.

U.S. District Judge Barbara Crabb ruled in April 2010 that the Day of Prayer was unconstitutional because it amounted to a call for religious action. Crabb said the government could no more enact laws supporting a day of prayer than it could encourage citizens to fast during Ramadan or attend a synagogue. The president appealed.

The Freedom From Religion Foundation said it would seek a review by the full appeals court. Its copresident, Annie Laurie Gaylor, called the court decision cowardly. At least they weren't bashful with their group's name choice.

Congress established the day in 1952 and in 1988 set the first Thursday in May as the day for presidents to issue proclamations asking Americans to pray.