Written by Don Byrd
Via Religion Clause, the Colorado Court of Appeals has ruled the Governor’s Day of Prayer proclamations violate the state’s Constitution. Here are a few excerpts from the opinion:
There is also no indication in the record that the Colorado Day of Prayer has become a secular institution like Christmas or Thanksgiving. On the contrary, its purpose is avowedly religious.
…
“Prayer” is a religious exercise. Wallace, 472 U.S. at 58-59. Thus, because an implicit, if not explicit, call to prayer is the focus of each proclamation, we conclude that the six Colorado Day of Prayer proclamations have predominantly religious content.
…
Because of the explicit reference to, and sole focus on, prayer, the six proclamations are distinguishable from the forms of “ceremonial deism” used to solemnize certain governmental proceedings that do not violate the Establishment Clause.
…
[W]e conclude that the “ostensible and predominant purpose” of these proclamations is to “advanc[e] religion.” Id. at 860. As a result, they violate the Preference Clause because (1) they constitute “preferential treatment to religion in general,”
…
Looking through the eyes of a reasonable observer, we conclude that the Colorado Day of Prayer proclamations at issue here have the primary or principal effect of endorsing religious beliefs because they “convey[] or attempt[] to convey a message that religion or a particular religious belief is favored or preferred.”
The Denver Post reports that the State is considering whether to appeal.
