Written by Don Byrd
In an Arizona state court last week, via Religion Clause, a judge dismissed a constitutional challenge to the Governor’s declaration of a day of prayer, citing a lack of standing to bring the lawsuit. The Arizona Daily Sun has more:
In her brief ruling, Maricopa County Superior Court Judge Eileen Willett never addressed the contention by challengers that the governor has violated a state constitutional provision which bars the use of public money or property “applied to any religious worship.”
Attorneys for challengers argued that Brewer acted on public time in issuing the declaration. And they said while the amount of paper may be minimal, that does not make it legal.
Willett said, though, those contesting the governor’s action suffered no “particularlized and concrete injury.” And she said they did not file their claims as taxpayers.
At barely two pages, the ruling itself is far too brief to recommend – no specifics. It does suggest that plaintiffs failed to properly claim taxpayer standing. The answer to the unnecessary and unwise act of an executive declaration of a day of prayer may be not so much a legal challenge as the good sense to pass up the temptation in the first place.
