A Houston federal judge on Thursday ruled against a group of plaintiffs seeking to prevent Gov. Rick Perry, in his official capacity as governor, from promoting or participating in his Aug. 6 day of prayer and fasting at Reliant Stadium.

U.S. District Judge Gray H. Miller ruled that the Wisconsin-based Freedom from Religion Foundation, an atheist-agnostic group that monitors church-state issues, did not have standing to sue. The foundation's lawsuit was filed on behalf of five Houston-area residents who maintained the prayer event discriminated against them "by conditioning attendance on a willingness to engage in Christian prayer, or at least to quietly tolerate such prayer."

Delivering his ruling, Miller said participation in the event is voluntary and that the plaintiffs had not shown a "particularized concrete injury." He also noted that plaintiffs had other means of registering their disapproval, including not attending, not praying, exercising their free-speech rights and voting.

Catherine Frazier, a spokeswoman for the governor, said Perry was "pleased with the judge's ruling and looks forward to attending the event to pray for our nation."

Earlier this week, Perry told reporters he did not know what his participation in the event would be, even though he initiated and has promoted the gathering.

The Freedom from Religion Foundation had argued that the prayer event is unconstitutional because it violates the Establishment Clause of the Constitution "by giving the appearance that the government prefers evangelical Christian religious beliefs over other religious beliefs and non-beliefs."

On The Response website, Perry calls on the nation to "come together and call upon Jesus to guide us through unprecedented struggles, and thank Him for the blessings of freedom we so richly enjoy."

Randall Kallinen, an attorney for the plaintiffs, said his clients were not trying to halt the event or prevent Perry from taking part, as long as his participation was not in his capacity as governor.

Annie Laurie Gaylor, who, with her mother, co-founded the Freedom from Religion Foundation in 1978, said automated telephone calls from the governor were the last straw. "They're reaching into people's homes," she said. "People were called in their homes and invited, plus it mentions the Christian aspect of the event. Also, (Perry's) the face and voice of the whole rally."

She added, "We do not believe in a God and do not believe in a God that answers government prayers. And we do not believe in the need to ask for God's forgiveness, so our members are truly offended to be told to do this by Governor Perry."

No standing to sue

Lawyers from the office of Texas Attorney General Greg Abbott, representing the governor, successfully argued that the five plaintiffs had no standing to sue because they are not harmed by Perry's actions or The Response.

Perry's participation in the Houston event, they argued, is no different than the 7th U.S. Circuit Court of Appeals ruling in April that rejected a similar lawsuit filed by the Freedom from Religion Foundation challenging a law requiring the U.S. president to issue a National Day of Prayer proclamation.

Attorneys for the state also argued that Perry's actions are protected by First Amendment free-speech guarantees.

About 8,000 people have signed up to attend the event, although it is unclear whether Perry will speak or have any official role. He began promoting the day of prayer and fasting about two months ago when he invited Texans to join him in a prayer "for unity and righteousness — for this great state, this great nation and all mankind."

Rich Bolton, an attorney for Gaylor's organization, said his client probably will appeal Thursday's ruling.

joe.holley@chron.com