DENVER (AP) — The Colorado Supreme Court on Monday rejected a legal challenge to the governor’s right to issue Day of Prayer proclamations, finding that non-believers who objected to the annual events did not suffer harm and do not have grounds to sue.
The ruling reversed a state Court of Appeals decision two years ago that said the proclamations violated constitutional protections for religious freedom by sending the message that the government endorses religion.
The Colorado justices ruled that the Freedom from Religion Foundation, including four of its Colorado members, do not have the right to sue because the government spent only nominal amounts to issue the annual proclamations. Opponents also weren’t forced to participate in the prayer day and didn’t suffer negative consequences from the government, the court said.
Prayer day foes had argued that the proclamations amounted to an endorsement of religion that creates “a hostile environment for non-believers” who are “made to feel as if they are political outsiders.” But the court said that was not enough of an injury to justify suing the government and that ruling otherwise would open up the government to lawsuits from anyone who felt politically marginalized.
In a dissenting opinion, Justices William W. Hood III and Gregory J. Hobbs Jr. said the court should have considered the merits of the case as it did more than 30 years ago in a challenge to the life-size Nativity scene and other Christmas decorations at Denver’s City and County Building.
“By rejecting both taxpayer and individual standing, we abdicate our responsibility to consider a matter of great public importance - a matter where Colorado citizens allege that the state’s executive branch has violated an individual constitutional right that goes to the heart of who we are as people,” they said.
Congress established a National Day of Prayer in 1952, and most states hold statewide days of prayers to coincide with the national event.
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