Challenge To National Day of Prayer Survives Dismissal Motion

In Freedom From Religion Foundation, Inc. v. Obama, (WD WI, May 26, 2009), a Wisconsin federal district court refused to dismiss on the pleadings a challenge to the constitutionality of the National Day of Prayer. The court said that defendants' arguments are better raised in a summary judgment motion once the record is developed further. Plaintiffs have sufficiently pleaded standing by alleging they were exposed to unwelcome religious speech, and sufficiently pleaded an Establishment Clause violation by alleging that defendants' conduct has the purpose and effect of advancing religion. FFRF yesterday issued a press release on the decision, which includes links to all the pleadings in the case.