Hickenlooper v. Freedom from Religion Foundation, Inc.
Annotate this CaseIn 1952, Congress passed a resolution establishing a "National Day of Prayer," which was later officially defined as the first Thursday of May. Colorado's governor has issued annual honorary proclamations recognizing a Colorado Day of Prayer since 2004. In the past, a public event has been held on the steps of the Colorado Capitol to celebrate the Colorado Day of Prayer. The State Supreme Court granted certiorari to determine whether Respondents Freedom from Religion Foundation and four of its Colorado members had standing to sue Petitioner Governor John Hickenlooper in his official capacity for issuing annual honorary proclamations that recognize a "Colorado Day of Prayer." Contrary to the holding from the court of appeals, the Supreme Court held that the use of public funds to cover the incidental overhead costs associated with issuing the honorary proclamations does not, by itself, constitute an injury sufficient to establish taxpayer standing. Furthermore, contrary to the trial court, the Supreme Court held that the psychic harm endured by Respondents as a result of media coverage revealing the existence of the honorary proclamations did not, by itself, constitute an injury sufficient to establish individual standing. Accordingly, the court of appeals' judgment was reversed, and the case remanded with instructions to return the case to the trial court for dismissal.
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