National Day of Prayer

The National Day of Prayer began in 1952 when the U.S. Congress passed a law which required the President to proclaim a day of prayer each year. Under the 1952 law, the President could choose any day he wanted. In 1988, the law was amended and a permanent national day of prayer [first Thursday in May] was established. ....

In a nutshell, the main problem with the National Prayer Day is that it is government-sanctioned religion, which is unconstitutional. By establishing a National Prayer Day through federal law, the government is favoring theism over nontheism, belief over nonbelief. Yet the Constitution -- which does not contain a single reference to "God" -- mandates that the government remain neutral in matters of religion.

-- NDP As Unconstitutional

Is the National Day of Prayer a historically justified and constitutionally acceptable acknowledgment of religious belief/speech? James Madison and Thomas Jefferson might not think so. Jefferson once noted: "Certainly, no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the General Government." And, yes, the First Amendment was written with the concerns of many who opposed official religious statements of the Church of England that aren't totally unlike an official day of prayer.

Is it truly religiously neutral? Well, the NDP website notes: "This government-proclaimed day is offered to all Americans, regardless of religion, to celebrate their faith through prayer. However, the efforts of the NDP Task Force are executed specifically in accordance with its Judeo-Christian beliefs." The latter comment reflects the nature of many of the leaders of this movement recently, who let's say weren't always dominated by liberal Christians. Also, many Americans don't celebrate their "faith through prayer." Others do not believe in God. Thus, the matter is not religiously neutral.

And, President Bush has proclaimed: "NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 6, 2004, as a National Day of Prayer. I ask the citizens of our Nation to give thanks, each according to his or her own faith, for the freedoms and blessings we have received and for God's continued guidance and protection. I also urge all Americans to join in observing this day with appropriate programs, ceremonies, and activities." [Updated: see also]

This sort of thing is usually deemed a rather trivial matter, and in some way it is, but only up to a point. The whole point of the Establishment Clause is that it prohibits various things that might not directly inhibit free exercise of religion. It also includes official support of religion, especially of the sectarian kind. Belief in God and prayer is not some universal United States belief. Finally, in actuality, this practice also involves various religious entanglements of the sort that selectively benefit certain religious faiths. Symbolism matters, which is why this day originated in the first place. If it is so important to the faithful, why would it not also be important (in a negative way) to those who don't follow such a faith?