USA (MNN) ― The National Day of Pray is still under fire, after the Obama Administration filed a weak brief in the current appeals case.

The appeals case follows after U.S. District Judge Barbara Crabb declared the National Day of Prayer unconstitutional back in April 2010. The court's decision is now being reviewed by the U.S. Court of Appeals for the Seventh Circuit.

According to the Family Research Council, the brief filed does not go far enough to defend the NDP, failing to cite key cases, which would require Judge Crabb's decision to be overruled.

In accordance with this inadequate brief, Family Research Council and The Liberty Institute announced they will be filing a motion for argument to ensure the NDP remains a national event.

This weak defense by the Justice of Defense comes as no surprise in light of President Obama's religious rights jargon of recent months. Since November 2009, in his speeches at a Ft. Hood memorial service, Obama has been using the phrase "freedom to worship," instead of "freedom of religion."

While freedom of religion allows for one to practice the religion of their choosing in public spaces, "freedom to worship" refers to acts of religion and faith practiced in private and behind closed doors.

Therefore, his phrasing chips away at the U.S. Constitution and the freedoms it allows. Yet, the appeals court has yet to pass a ruling in favor of the NDP, while the Family Research Council maintains the NDP is not unconstitutional.

In response, the Faith and Freedom Institute has sent a letter to the President, petitioning him to change his incorrect and misleading phrase "freedom to worship."

You can view the letter at faithandfreedominstitute.com and add your voice to this request by contacting your Congressman.