Last week, a federal judge dismissed a lawsuit against Texas Gov. Rick Perry citing that the plaintiffs, Kay Staley and the Freedom from Religion Foundation, had no standing in the case. Staley claimed that Gov. Perry’s call for a day of prayer for the nation and his participation in the prayer rally, The Response, were unconstitutional because they violated the Establishment Clause.
Liberty Institute filed a motion to intervene and argued in court today on behalf of the American Family Association (AFA), which is planning and promoting The Response, scheduled to take place August 6 at Houston’s Reliant Stadium.
“The dismissal was a total and complete victory,” said Kelly Shackelford, Liberty Institute president and CEO. “The Freedom From Religion Foundation’s attempt to stifle free speech and religious liberty failed miserably. Today was a victory — for Gov. Perry, for AFA, and for the First Amendment.”
Early this year, the Freedom from Religion Foundation was dealt a heavy blow when the 7th Circuit Court of Appeals dismissed its lawsuit against the National Day of Prayer. The court’s ruling in the case, which used arguments Liberty Institute made in its amicus brief representing Dr. James Dobson, Citizenlink, and dozens of state family policy groups, proved invaluable in winning today’s case.