National Day of Prayer Unconstitutional?

Ok -- so a federal judge in Madison, Wisconsin has declared the May 6 National Day of Prayer unconstitutional. See story here.

If that is the case, is this proclamation also unconstitutional? It starts with . . .

Thanksgiving Proclamation
[New York, 3 October 1789]
By the President of the United States of America, a Proclamation.

Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor-- and whereas both Houses of Congress.....
So -- some questions are:
  • Why did this judge pick on the latter proclamation (Congress passed a law in 1988) rather than the one in 1789?
  • If this one goes down, will Turkey Day and Black Friday go with it?
  • What will happen to the stock market next holiday retail season?
  • Is there a lobbying group of turkeys behind this?

Seriously -- if this is unconstitutional, why did it take our nation over 200 years to figure it out?


Lobbying group
By the way - when I mentioned the lobbying group of turkeys lobbying against Thanksgiving Day - I meant literal turkeys - sorta like the cows that lobby for Chic-Fil-A. Any reader association with other species is purely unintentional! :-)

Follow the money!
Well, National Day of Prayer has some governmental effect, at least. I don't think Washington's proclamation does anything.

Also, the Lemon Test.
Quite possibly. But even when a judge is just showing off, it still has consequences for the rest of us.
Call me cynical
But this seems like a judge showing off, trying to get attention and an eventual higher appointment.

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