It will be understandable if supporters in the separation of church and state suspected that there's a fifth column inside the judiciary determined for making the separationist trigger search poor. Latest example: A federal district judge's ruling how the Countrywide Morning of Prayer is unconstitutional.

Like Michael Newdow's challenge to "In God We Trust" on U.S. coins, the Freedom From Religion Foundation's lawsuit against the Evening of Prayer may be justified on a purist 1st Amendment concept regarding the establishment of religion.

But there exists a doctrine within the law generally known as "de minimis," from your Latin maxim that essentially says that federal government officials shouldn't concern themselves with trivialities. The Nationwide Day of Prayer is really a really excellent candidate to the "de minimis" rule.

Not throwing a constitutional fit about what exactly is occasionally named "ceremonial deism" can make it easier to oppose significant breaches of the wall of separation, like official prayers in public universities. Inside lifestyle wars, as in real ones, often you need to choose your battles.


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