Outline:

I. Introduction
a. Opening: May it please the Court, my name is Annie Daley,
and I will be counsel for the Respondent
b. Statement of facts:
c. Road map:
d. Prayer for relief: We respectfully request that the Court affirm
the lower courts decision and recognize the Constitutionality
of a Day of Prayer.
II. Prompt 1Secular purpose
a. Many non secular purposes:
i. Bridenbaugh v. OBannon-7th Circuit (1999)
1. Much like a legal holiday of Good Friday, a Day
of Prayer would have many benefits. As the court
reasoned in Brindenbaugh, the holiday would
[provide] state employees with aholiday, [help]
employers by boosting moral and efficiency.
2. Simply because [a] law confers an indirect,
remote or incidental benefit upon religion does not
make it constitutionally invalid.
b. Apart from religion, prayer and particularly meditation have the
potential to attend to peoples emotional well-being, are very
important to some people
c. Church functions arent all religioustheres service, child
care, and spiritual guidancecommunity outreach
d. Religion is culture, community, morals, and devotion, all of
which can and have lowered violence and poverty
e. Secular purpose achieved through non-secular means
f. Gives people whose religions dont get national holidays a
chance to observe. People who dont observe dont have to
they get a day off to rejuvenate and return to work energized
and reflect on life/ spend time with family and community
i. Precedence: Lynch v. Donnelly (1984)
1. Court affirms that the Constitution mandates
accommodation, not merely tolerance, of all
religions, and forbids hostility towards others.
2. Day of prayer accommodates religions that dont
have national holidays
III. Prompt 2Primary effect neither impedes nor advances religion
a. Respect in a changing world isnt advancement--it is
preservation, fighting impeding
b. Religion is culture and community as well as spiritual
c. Doesnt advance religion because non-observers are not
impeded
d. Quakers and memorial day--they dont believe in war, so if they
choose not to, they dont observe
e. Some religious holidays are federal holidays
i. *Christmas
f. As with any other holiday, people may chose whether or not to
participate or continue with day-to-day life
IV. Prompt 3No excessive entanglement with religion
a. Respecting is not excessive.
i. Wallace v. Jaffree (1985)
1. Clause does not require a wall of separation
between church and state but rather simply forbade
the establishment of a national religion and
preference among religious sects.
2. A day for observation is not excessive
entanglement, because it neither establishes a
national religion or prioritizes any religion over
anotherall religions are treated equally
ii. Allegheny v. ACLU (1989)
1. Entanglement is not excessive when one religion is
not prioritized and all religions are supported
equally.
b. People arent forced to participate
i. Stone vs. Graham (1989)
1. Different because public schools were required to
post the 10 Commandments. People can choose
whether or not to observe the Day of Prayer or just
use it as a time to be with family recharging from
their busy life.
ii. Quakers and memorial day
c. Not government endorsed, just set aside for observation
i. Lynch v. Donnelly (1894)
1. In God We Trust doesnt mean government is
endorsing religion, its existing along side
ii. Gaylor v. US 10th Circuit (1996)
 1. Again, In God We Trust symbolizes the
historical role of religion in our society. The
motto also serves the purposes of formalizing our
medium of exchange, fostering patriotism and
expressing confidence in our future. The primary
effect is not to advance religion but rather is a form
of ceremonial deism which throughout historical
usage and ubiquity cannot be reasonably
understood to convey government approval of
religion. The motto also does not create an
intimate relationship of the type that suggests
unconstitutional entanglement of church and
state. Also notes the reasonable observer would
not view the practice as an endorsement of religion
d. Government recognizes importance of culture in life but
especially in American history and tradition, much of which is
centered around religion in some form
i. Precedence: Marsh v. Chambers (1983)
1. Court recognized the traditional aspect of the
practice of opening sessions of Congress with
Prayer, which has happened ever since the First
Amendment was drafted.
V. Conclusion

Precedents to use:
1. Everson v. Board of Education (1947)
2. Marsh v. Chambers (1983)
3. Lynch v. Donnelly (1984)
4. Wallace v. Jaffree (1985)
5. Allegheny v. ACLU (1989)
6. Gaylor v. U.S. (10th Circuit-1996)
7. Bridenbaugh v. OBannon (7th Circuit 1999)
8. Van Orden v. Perry (2005)
9. Town of Greece v. Galloway (2014

Precedents to counter:
1. Stone v. Graham (1980)
2. Lemon v. Kurtzman (1971)
3. Edwards v. Aguillard (1987)
4. Lee v. Weisman (1992)
5. Coles v. Cleveland Board of Education (6th Circuit- 1999)
6. ACLU v. Capitol Square Review and Advisory Board (6th Circuit
2000)