Arizona Day of Prayer

Judge Dismisses Lawsuit on Arizona Day of Prayer


There is a disturbing trend developing in First Amendment jurisprudence; especially in the area of church and state separation.  Notwithstanding the fact that many state sponsored or endorsed religious actions appear to clearly violate the well established parameters of the First Amendment, courts are now routinely dismissing lawsuits for lack of standing.  To be clear, these dismissals do not involve a rejection of the constitutional challenge on the merits of the claim.  To the contrary, they are simply evasions of the issue altogether.  They are technical dismissals resulting in the untenable position that these First Amendment violations are simply unchallengeable by any person.  Rather than hear these challenges on the merits and reach the inescapable conclusion that such actions are indeed unconstitutional, many courts have agreed to side step the issue by construing the doctrine of standing so such unconstitutional acts remain safe from constitutional challenge. Courts should be bold enough to hear and decide these challenges on constitutional grounds.  Constitutional protections are meaningless if courts construe the law such that no person can invoke those protections.


In an effort to attempt to have these matters heard on the merits and to validate the notion that constitutional violations can be challenged, our clients have decided to appeal the district court’s dismissal of the Day of Prayer lawsuit.  We expect to file an appeal to the 9th Circuit Court of Appeal very soon.  Additionally, another lawsuit will be filed in the state court alleging violations of the state constitution.


This lawsuit is about the role of government.  Our clients remain committed to the notion that prayer is either a private matter or one that can be openly and loudly promoted by any private individual or private company on any private property for any length of time.  Any effort by government to inhibit any private person’s right to pray on any non-governmental property would be opposed by all plaintiffs to this lawsuit.  However, our clients, those religious and non-religious, remain equally committed to the well established notion that government should neither promote, inhibit nor endorse any religious view.  Simply put, government should stay out of religious matters altogether; our constitution forbids it and it is both consistent and indispensible to notions of a free and open society.

Arizona day of prayer in jeopardy

PHOENIX – A lawsuit says Arizona has no business in prayer but Governor Jan Brewer says, “This lawsuit is nothing more than an attempt to drive religious expression from the public square. I will fight it vigorously.”

The people behind a lawsuit filed in court on Tuesday claims Gov. Brewer violated the First Amendment of the U.S. Constitution when she declared May 6 the Arizona Day of Prayer.

“I’m not looking to keep anybody from exercising their religion. They can believe in whatever they want. That’s fine. Just don’t get the state involved and don’t push it on me,” Mike Wasdin said.  He is one of the four plaintiffs who filed the lawsuit with the Freedom from Religion Foundation.

Wasdin says, “I’m a freedom-minded person. This is more about freedom than religion with me. I don’t like the government telling people, like myself, what to do.”

3TV spoke to the governor in downtown Phoenix at the faith-based Cityfest event. She told the crowd, “What a beautiful day the Lord has made. This is what Arizona is all about.”

She tells 3TV she will see them in court. “Well, I think it’s a little bit of a frivolous lawsuit. Of course, the majority of Americans, the majority of Arizonans all support… it’s been a sort of tradition in America, if you will.”

3TV received a mixed reaction from Arizona residents.

Christina Cousins points out that nobody would be forced to pray, “If you don’t want to pray, fine. It’s like today, St. Patty’s Day. If you don’t want to celebrate St. Patty’s Day, then don’t. If you don’t want to pray on the day of prayer, then don’t.”

Elita Irving is all for prayer but feels this the holiday would breach separation of church and state. “I wouldn’t say I am strongly against it, just because the intentions are so good but, on a principal and ideological level, I don’t think it’s good.”

The Freedom from Religion Foundation was successful on a federal level challenging the National Day of Prayer. A U.S. District Judge ruled it unconstitutional.

Wasdin feels they have a strong case, “The same people that are upset that we have filed this lawsuit…how would they feel if we decided to enact a day of non-belief, of non-prayer? Would those same people join us and support us? I don’t think so.”

That federal case is being appealed.

According to the Freedom from Religion Foundation, 17 percent of Arizona residents consider themselves non-religious.


Atheist group sues governor over prayer day

Gov. Jan Brewer is being sued for issuing proclamations in support of an Arizona Day of Prayer.
The lawsuit, filed Tuesday in federal court, alleges that Brewer’s actions were unconstitutional because they violate the Establishment Clause of the First Amendment, which prohibits Congress from establishing a state religion. The lawsuit seeks an injunction preventing the governor from issuing similar proclamations in the future.
“This is not about money. This is about trying to get the right thing done,” said Marc Victor, a Chandler attorney who brought the suit on behalf of three Maricopa County residents and the Freedom From Religion Foundation, a Wisconsin-based group of atheists and agnostics.
Victor said his clients believe it is “completely inappropriate for the governor to be declaring days of prayer” in her official capacity as the state’s chief executive. But he added, “We are just as much in favor of people exercising their right to pray as we are equally in favor of keeping government out of everyone else’s business.”Brewer has declared an Arizona Day of Prayer twice since assuming the governor’s seat two years ago. Both instances coincided with the National Day of Prayer, which is also facing a legal challenge from the same organization. In addition, Brewer proclaimed a day of prayer for the budget on Jan. 17, 2010, according to the lawsuit.
Matthew Benson, Brewer’s spokesman, said Wednesday that her office had not yet seen the suit, but would vigorously defend it.
“Public calls to prayer are an honored American tradition dating back to George Washington,” Benson said, adding that the call to prayer for the budget was appropriate. “Absolutely, I think in these days of fiscal crisis, there is nothing wrong with Arizonans, if they choose, praying for the wisdom to solve the problems facing the state.”
Congress established the National Day of Prayer in1952 and in 1988 set the first Thursday in May as the day for presidents to issue prayer-related proclamations.
The Freedom From Religion Foundation filed a lawsuit against the federal government in late 2008, saying the day violated the separation of church and state.
Last spring, a federal district judge in Wisconsin handed the group a court victory when she ruled the National Day of Prayer unconstitutional. The case is currently being appealed, and prayer related events are still being held as the case works its way through the courts.
Cathi Herrod, president of the Center for Arizona Policy, a conservative non-profit advocacy group, called the lawsuit against Brewer “frivolous,” and said days of prayer are a part of the nation’s history.
“Our founding fathers opened their meetings with prayer – there is a long-standing tradition of religious invocation (in this country), and this is a day that goes to our nation’s foundation and heritage,” said Herrod, who added that her group would closely monitor the lawsuit against Brewer.
The Freedom From Religion Foundation also has a case pending against former Colorado Gov. Bill Ritter over his decision to proclaim a day of prayer in that state in 2008. A judge has dismissed the organization’s arguments, but the group is appealing, said Annie Laurie Gaylor, the organization’s co-president.

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