In an incorrect decision, an appeals court has tossed out a previous ruling on the constitutionality of the National Day of Prayer.
A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled the Madison, Wis.-based Freedom From Religion Foundation did not have standing to sue because while they disagree with the president’s proclamation, it has not caused them any harm.
When I read the headlines about an overturned ruling, I expected some BS premise about the day being private and/or not government endorsed. But no, instead there’s this flimsy reason about standing. Apparently the government can actually endorse any religion now because no American citizen has any sort of standing to make a legal challenge.
Bizarrely, though, despite the piss-poor reason given, the justices decided to go ahead and attempt to make an argument for the constitutionality of the law. This makes no legal sense. By ruling on standing, it is only personal – not legal – interest that is motivating a continued response:
The appeals court said in an opinion written by Chief Judge Frank Easterbrook that while the National Day of Prayer proclamation speaks to all citizens, no one is obliged to pray “any more than a person would be obliged to hand over his money if the President asked all citizens to support the Red Cross or other charities.”
Except the First Amendment doesn’t establish a wall of separation between charity and state. Analogy fail, jackass.
Filed under: News | Tagged: Frank Easterbook, Freedom From Religion Foundation, National Day of Prayer | 6 Comments »