An injunction has been filed against the Doña Ana County Commission after it voted to disallow the National Day of Prayer at the County Government Building. The motion, introduced by Commissioner Christopher Schaljo-Hernandez, passed with a 4-to-1 vote on April 25, 2023.

The injunction, filed in US District Court on April 28, 2023, claims that the commission violated the Constitution of the United States by denying citizens the right to "peaceably assemble" and by restricting the free exercise of religion on public property. The document also states that the commission infringed on people's "Sovereign Immunity" as outlined in the 11th Amendment.

The National Day of Prayer is an annual observance designated by the United States Congress. Since 1952, the President has been required by law to sign a yearly proclamation encouraging all Americans to pray on this day. The event has taken place at the Doña Ana County Government Building every year since 2015, with the exception of two years during the COVID pandemic.

Similar cases in the past have drawn attention to the delicate balance between the constitutional rights of freedom of assembly and religion and the government's role in regulating public spaces. In 2010, a US District Judge ruled the National Day of Prayer as unconstitutional. However, this decision was unanimously overturned by the Seventh Circuit Court of Appeals.

Injunction Petitioner Pastor Gene Pettit said, "The County Commission is infringing on the rights of the people of Doña Ana County to peaceably assemble and to practice their religion. We have a right to assemble on taxpayer-funded County property for this observance." Pettit continued, "I filed this Injunction to assert the rights of the people of Doña Ana County. Our National Day of Prayer event will still happen just as it has for many years prior." He also cited Hosea 4:6, stating, "My people perish for lack of knowledge."

The National Day of Prayer event is scheduled to proceed on May 4, 2023, from 10 am to noon at the Doña Ana County Government Building, located at 845 N. Motel Blvd, Las Cruces, New Mexico.