PHOENIX — Saying they haven't shown any harm, the state Court of Appeals on Tuesday tossed out a bid by the Freedom From Religion Foundation to declare that Gov. Jan Brewer cannot declare a state "Day of Prayer.''
In a unanimous ruling, the judges said the challengers cannot claim any financial loss from Brewer's annual declarations, as there is no evidence any of the individual plaintiffs is an Arizona taxpayer.
More significantly, the court rebuffed the contention that what the governor does has resulted in psychological damage to those who are non-believers by "sending a message ... that they are not welcome to fully participate in government processes.''
Judge Donn Kessler, writing for the court, said psychological damages can provide standing for someone to sue.
But he said there needs to be a "distinct and palpable injury." And Kessler said nothing alleged by the challengers meets that standard.