Is the National Day of Prayer Unconstitutional?

     On the first Thursday of every May, the United States government has allotted the National Day of Prayer in which it encourages Americans across all faiths to make religious prayer a priority for the day. This day dedicated to observance first made its way onto the national stage in 1952 as a joint resolution of Congress with President Truman signing it into law. Planning for this event is left up to a privately funded task force “whose purpose is to encourage participation on the National Day of Prayer. It exists to communicate with every individual the need for personal repentance and prayer, to create appropriate materials, and to mobilize the Christian community to intercede for America’s leaders and its families. The Task Force represents a Judeo-Christian expression of the national observance, based on our understanding that this country was birthed in prayer and in reverence for the God of the Bible” (National Day of Prayer Task Force). This privately funded task force, however, is in charge of planning a government-sponsored day that requires the President to issue an annual proclamation to recognize the day’s validity. 

It may be specifically encouraged by a privately-funded task force as well as not considered a federal holiday, but since this proclamation of encouragement of prayer stems from the executive branch of government, it trickles its way down to state and municipal government as “records indicate there have been 1,526 state and federal calls for national prayer since 1775 and counting” (National Day of Prayer Task Force). Protecting the American population’s right to the free exercise of their religion does not require or necessitate a need for a day of dedication or minimize the importance of acknowledging what is deemed appropriate by the Establishment Clause. In recent years, more specifically, the Trump administration, this day has been manipulated to encourage religious-based discrimination and close the gap between the intentional separation of church and state. During his administration, President Trump staunchly supported the National Day of Prayer to encourage religiosity within the nation as well as using the day as a platform to promote his religiously centered support for certain policies. This included President Trump supporting the Johnson Amendment, an amendment that allowed houses of worship to endorse political candidates, the Denial of Care Act, which allowed health care workers to deny care to workers on the basis of their religious beliefs, amongst others (The National Day of Prayer). This has left the National Day of Prayer to be associated with pursuits that promote religious-based discrimination as well as the political blurring of lines as it pertains to the separation of Church and state. 

The question many grapple with when it comes to the National Day of Prayer is whether it is encouraging individuals to embrace their free exercise, or is it the federal government permitting the establishment of a day dedicated to the promotion and furtherance of religion? I would say that the National Day of Prayer veers too close to the government establishing religion, therefore, going against the Establishment Clause making it unconstitutional. As stated by Americans United for Separation of Church and State, “It’s simply not the place of our secular government to direct its citizens on when, how or whether to pray. Government has no business even offering us advice on how to behave when it comes to religion.” (Americans United).  My reason for my beliefs lies in the statement of the National Day of Prayer Task Force. Specifically, the planning for this day comes from a Christian-centric lens. This is exemplified in the kind of prayer that is presented in President Biden 69th proclamation of the National Day of Prayer released in the early morning of May 6th, 2021 in which he encouraged fellow Americans to pray for themselves and the nation by their own conviction as well as stating that he will join in prayer as well. He ended his proclamation by noting the date which included the statement “in the year of our Lord.”. Although the task force’s website says it plans the day from a “Judeo-Christian” perspective to reflect the religious nature of this country and its framers, it contradicts the neutrality pertaining to religion that is a central right allowed to every American as outlined in the Constitution. The National Day of Prayer’s Task Force may be privately funded but it fuels a government-sponsored public event. Ultimately, I find that the manner in which this day is created and how it is publicized to the American public is a violation of the Establishment Clause, making it unconstitutional.