Judge Crabb, an appointee of former President Jimmy Carter, wrote in her decision that ‘”some forms of ‘ceremonial deism,’ such as legislative prayer, do not violate the establishment clause.” But she said the National Day of Prayer goes too far.
“It goes beyond mere acknowledgment of religion because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context,” she said. “In this instance, the government has taken sides on a matter that must be left to individual conscience.”…
Does that mean Lincoln's Thanksgiving proclamation was unconstitutional as well?
I do therefore invite my fellow citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next, as a day of Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquillity and Union.