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Judge Denies Atheists' Motion To Block 'Day Of Faith'

POSTED: Friday, August 11, 2006
UPDATED: 5:26 pm EDT August 12, 2006

An atheist group's emergency motion asking a federal judge to block Saturday's "A Day of Faith: Arming Our Prayer Warriors" was denied overnight, the group's lawyer said Saturday morning.

As workers prepared the Veterans Memorial Arena for the event, which is designed to bring the community together to combat violence, an attorney for a local man and the group American Atheists Inc. went to court claiming the use of city resources for a religious event is unconstitutional as it violates the separation of church and state.

U.S. District Judge Henry Adams did not rule on the constitutional challenge, but he denied the motion on the grounds that all parties were not given adequate notice.

The motion for an injunction against the Day of Faith was heard at 4:30 p.m. Friday.

"I know in my heart (that) Judge Adams would have ruled in our favor based on the legal issue," said attorney Lisa Lovingood of American Atheists Inc. "In very simple terms, there has to be a separation of church and state."

Mayor John Peyton, Sheriff John Rutherford and the City Council are sponsors of the Day of Faith event and have invited the city's faith-based community to participate in a rally to "take back our neighborhoods" in the wake of a dozens of murders so far this year.

"This is all about inclusion. I don't think there'll be anything at this event that's offensive," Peyton said on the morning show Saturday.

Peyton said that changing lives through prayer and connecting with children to help keep them on the right path is the goal of the event.

"It's my responsibility as mayor to (do) everything I can to try and reverse a trend that is unacceptable -- that is, there've been too many murders in this city," Peyton said.

Lovingood said this isn't about atheists or God -- it's about the law. She said her local client is a church-going man who feels strongy that the city should not be organizing a religious event.

"I think that the city is motivated by positive, good purposes, but they cannot legally encroach and put religion into what they are attempting to do with this rally tomorrow," she said.

Lovingood said that having a day of faith on city property, with city resources and with tax dollar money, is against the law. She said that while the judge ruled the legal challenge was too late to spot the event, she will ask her clients if they want pursue any additional action after the fact.

Peyton said he is glad the community will not be denied the event, but he said that he welcomes all points of view.

"That's the beauty of this country ... everyone has the right to have a dissenting opinion." Peyton said.

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