Madison each included a prayer at their inaugurations. Apparently none of these Founding Fathers found constitutional error in doing so.
Reciting a prayer at the presidential inauguration also satisfies the requirement that the prayer not be exploited to proselytize or advance any one faith.  Certainly, no reasonable person hearing Rev. Graham's prayer could conclude that the President or the federal government was trying to convert any of the millions of spectators to Rev. Graham's faith in particular or to a Christian faith in general.
Furthermore, the defendant respectfully suggests that this Court has no legitimate interest in protecting Newdow 3 from religious references he finds offensive.  Newdow's remedy was simply to turn off his television when a matter he deemed to be offensive was being broadcast. See Weisman, 505 U.S. at 597, 112 S.Ct. at 2660 (distinguishing high school graduation ceremony from a session of the state legislature "where adults are free to enter and leave with little comment"); Marsh, 463 U.S. at 792, 103 S.Ct. at 3336 ("Here, the individual claiming injury by the practice is an adult, presumably not readily susceptible to 'religious indoctrination.'")(citations omitted).
Was tax money used to pay Rev. Graham for his services, or, perhaps, for travel costs incurred in traveling to Washington, D.C?  Newdow skirts this fact by simply alleging that tax money
3    In the complaint filed in Newdow v. Congress, et al., Civ. S-00-495 MLS/PAN PS (E.D. Calif.) Newdow describes himself as an ordained minister of the First Amendmist [sic] Church of True Science, a "church" that believes belief in God is a "falsehood.  Complaint, H53.
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