A federal judge has thrown out efforts to block Gov. Jan Brewer from declaring an official "day of prayer."
In an order filed Monday, Judge Roslyn Silver sidestepped the argument by the Freedom From Religion Foundation that such proclamations violate the First Amendment which precludes Congress from approving any law "respecting an establishment of religion." Attorneys for the group said Brewer, who has issued similar proclamations in the past, is effectively advocating religion.
Instead, Silver said all of that is legally irrelevant. She said the atheist group - and others contesting the action - lack standing to challenge what the governor has done and will do in the future.
"Gov. Brewer's proclamations proclaim a day of prayer, and one proclamation encourages all citizens to pray for God's blessings on our state and nation," the judge acknowledged.
"Though ‘encouraged,' no one, including plaintiffs, is obligated to pray," Silver wrote. "Nor are plaintiffs forced to alter their physical routine or bear a monetary expense to avoid a religious symbol."
At best, the judge said, those challenging the governor's actions have incurred a "stigmatic injury" or "feeling like an outsider." None of that, said Silver, gives them the right to sue.
Attorney Marc Victor said his clients are weighing whether to seek review from the 9th Circuit Court of Appeals or file a new lawsuit in state court. He said there are similar requirements to separate church and state in the Arizona Constitution.
In a prepared statement Brewer praised the court, calling the lawsuit "a futile attempt to stifle an American right and tradition."
"Citizens of every race, background and creed have been coming together in voluntary prayer since our nation's founding, and will continue to do so against this organization's best efforts," the governor said.
Press aide Matthew Benson acknowledged that not everyone believes in prayer. But he said that does not mean his boss is doing anything unconstitutional.
"The key thing to remember is these days of prayer are voluntary," he said.
"These are opportunities for individuals from every race, background and creed to come together in prayer - or not pray," Benson continued. "It is up to everybody whether they want to participate or not."
Victor acknowledged that this is not the first time courts have tossed challenges to prayer declarations on the question of standing to sue. A federal appeals court last year issued a similar ruling on the same group's challenge to President Obama's national declaration.
But he said a valid question remains about whether government officials should be using their position to make such a call. Victor also said that while the Freedom From Religion Foundation is made up of atheists, some of the plaintiffs in this case included members of various religious groups who believe it is not the proper role of government to urge people to pray.
Slabside posted at 8:10 pm on Mon, Dec 12, 2011.
Score one for common sense. Brewer was not instituting a state paid holiday. Either pray or don't... it's that simple.
asuaguila posted at 11:13 pm on Mon, Dec 12, 2011.
You are totally right slabside. I will use the time to pray for a new governor.
Leon Ceniceros posted at 3:43 am on Tue, Dec 13, 2011.
This is turning out to be a wonderful Christmas for Gov. Jan Brewer and all the "real" American citizens of Arizona.
Now if we could just get our "Islamist" President, Barack Hussein Obama, to put up a "creche" (the stable scene of Christ's birth) in the White House.....all would be well in America.
wdgnas posted at 7:06 am on Tue, Dec 13, 2011.
"Gov. Brewer's proclamations proclaim a day of prayer, and one proclamation encourages all citizens to pray for God's blessings on our state and nation," the judge acknowledged.
will muslims be encouraged to pray to allah or is this just for christians?
Eco posted at 8:07 am on Tue, Dec 13, 2011.
Good news. The Governor has always been right on this one. How refreshing to see a comment board free of vile azcentral attacks against Ms. Brewer!
LarryCroft posted at 11:44 am on Tue, Dec 13, 2011.
Prayer is a personal choice. People who believe in prayer don't need or want an official day of prayer because they do it all the time.
I'm a strong supporter of Mrs. Brewer and am very happy she is our governor. However, as a strong religious skeptic, I'm disappointed she initiated the declaration.
Still, I know the importance of respecting the values of others. My hat's off to her for living her values.
Accuracy posted at 12:03 pm on Tue, Dec 13, 2011.
Atheists out to end National Day of Prayer, or any state day-of-prayer . . . But NOT successful.
Judge Roslyn Silver ruled that the Wisconsin-based Freedom From Religion Foundation and its Phoenix-area chapter lacked legal standing to bring the lawsuit. She said there's no proof Gov. Jan Brewer's 2010 and 2011 proclamations injured anyone.
In April, a federal appeals court tossed out the Wisconsin-based group's legal challenge to the National Day of Prayer.
ralpho posted at 12:11 pm on Tue, Dec 13, 2011.
I really want to behead public people who thrust religion on those who dont believe.
My religion believes in public be beheading's want me to thrust mine on you.
Juggernaut8000 posted at 1:59 pm on Tue, Dec 13, 2011.
Religion should be eradicated anyways. It makes otherwise rational people do ridiculous things such as believe in fairy tales and shun modern science and logic.
Dale Whiting posted at 2:00 pm on Tue, Dec 13, 2011.
ralpho,
Apparently the line between "establishment" and no establishment lies just beyond declarations of a day of prayer. We have no school prayer, for that does compel children to sit and listen, even at sporting events. We have no ten commandment memorials in rotundas of government buildings because that establishes some "God given commendments." Where the lands are publically owned, we have no crosses on prominent rocks along highways for that is a religious symbol. But we do have a motto "In God we trust" on our coins, a pledge of allegiance to our nation's flag which says we are "one Nation under God", but nothing more specific.
So can you begin to picture what the "establishment cause" has come to mean? Where not, I suppose you will remain lost as are most of the above commenters.
Clearly those who fear that our courts might start basing opinions on Sharia Law have no understanding of the establishment clause. Our court rulings aren't even based upon Christian traditions! There was a time when in Jolly Old England we had a common law and law composed of declarations from the King. Courts using traditional values as a basis for ruling were called courts of equity, i.e. fairness, and were run by the Church of England. Courts ruling on declared law were the King's courts and were ruled over by the King's Chancelors.
But now, all of our courts follow the law declared by the constitution first, statutory and treaty law second, and traditions third. And we try hard to seperate out religious traditions so that people of all faiths [or lack thereof] can feel like they belong. This principle is what has made American great. And Rick Perry is off of his rocker!
Accuracy posted at 4:25 pm on Tue, Dec 13, 2011.
ralpho posted: "I really want to behead public people who thrust religion on those who dont believe."
Behead?? Meaning; decapitate or to cut off the head of people. According to Webster's Collegiate Dictionary.
Just like Islamization that has Shari’a law and the implementation of cruel and unusual punishments such as amputation and beheading.
Slabside posted at 6:22 pm on Tue, Dec 13, 2011.
Islam... the religion of peace.
Rational Human posted at 7:31 pm on Tue, Dec 13, 2011.
Yup, looks like good American Christian citizen's voices are finally starting to be heard. WE WILL JUST KEEP YELLING UNTIL YOU A HOLES ALL HEAR US.
wdgnas posted at 7:27 am on Wed, Dec 14, 2011.
and the crusades were all about chrisitians gaining access to their holylands. wasn't timothy mcveigh a christian?
Slabside posted at 11:18 am on Wed, Dec 14, 2011.
@wdgnas, "wasn't timothy mcveigh a christian?"
I don't know. Do you wdgnas? Can you provide some proof that he was?
wdgnas posted at 7:14 am on Thu, Dec 15, 2011.
slabside: here is one article i found among conflicting articles.
http://www.ethicsdaily.com/news.php?viewStory=15532
they are only opinions. i cannot channel timothy mcveigh to ask him myself.