Judge Allows Gov. Perry to Attend Prayer Event

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A federal judge has tossed out a lawsuit challenging Texas Gov. Rick Perry's participation in a national prayer rally set for Aug. 6.

The lawsuit filed by Kay Staley and the Freedom from Religion Foundation claimed the governor's call for prayer and his participation in the prayer rally violated the First Amendment and the Establishment Clause.

The plaintiffs did not want to stop the prayer event, called "The Response," from happening. But they wanted the courts to ban Perry from promoting or participating in the rally.

Thursday, U.S. District Judge Gray H. Miller dismissed the case, saying neither Staley nor the atheist organization had standing in the case.

Kelly Shackelford, president and CEO of the Liberty Institute, talked to CBN News more about the court's decision and the upcoming day of prayer.  Click play for his comments.

"We are pleased with the court's ruling, and Gov. Perry looks forward to participating in a day of prayer for our nation," Perry's spokesman Mark Miner told ABC News in an email.

Judge Miller compared Perry's case to the 7th Circuit Court ruling allowing President Barack Obama to promote the National Day of Prayer.

Liberty Institute argued in court Thursday on behalf of the American Family Association, the group planning "The Response."

"The judge rightly dismissed this case and the national prayer event will go on as planned. This was an attack on the First Amendment rights of every American, and it failed miserably," said Liberty Institute president and CEO Kelly Shackelford.

The Response is set to begin Aug. 6 at 10 a.m. CT at Houston's Reliant Stadium.  Stay with CBNNews.com for coverage of the prayer rally.

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