SAN FRANCISCO, Dec. 4, 2007

Pledge Of Allegiance Heads Back To Court

Atheist Seeking Removal Of "God" From Pledge And Currency Returns To Federal Court

  • Michael Newdow, an atheist who sued the Elk Grove Unified School District when they required his second- grade daughter to say the Pledge of Allegiance, displays some of the papers concerning the suit, stored at his home in Sacramento, Calif., Wednesday, June 26, 2002. Photo

    Michael Newdow, an atheist who sued the Elk Grove Unified School District when they required his second- grade daughter to say the Pledge of Allegiance, displays some of the papers concerning the suit, stored at his home in Sacramento, Calif., Wednesday, June 26, 2002.  (AP)

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(AP)  An atheist seeking to remove the words "under God" from the Pledge of Allegiance and U.S. currency is taking his arguments back to a federal appeals court.

Michael Newdow, a Sacramento doctor and lawyer, sued the Elk Grove Unified School District in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional.

The 9th U.S. Circuit Court of Appeals ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that Newdow lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children.

In 2005, a federal judge in Sacramento found in favor of Newdow, ruling the pledge was unconstitutional because its reference to "one nation under God" violates children's rights to be "free from a coercive requirement to affirm God." The judge said he was following the precedent set by the 9th Circuit Court's ruling in Newdow's first case.

A three-judge panel from that court was to hear arguments in the case on Tuesday. The same panel also was to hear arguments in Newdow's case against the national motto, "In God We Trust."

In 2005, Newdow sued Congress and several federal officials, arguing that making money with the motto on it violated the First Amendment clause requiring the separation of church and state.

Last year, a federal judge in Sacramento disagreed, saying the words did not violate Newdow's atheism. Newdow appealed.

Congress first authorized a reference to God on a two-cent piece in 1864. In 1955, the year after lawmakers added the words "under God" to the Pledge of Allegiance, Congress passed a law requiring all U.S. currency to carry the motto "In God We Trust."

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Add a Comment See all 194 Comments
by hippychicky-2009 December 4, 2007 12:08 PM PST
I would like to address the word justice for all...cause thats not true either..
Reply to this comment
by samael2014 December 4, 2007 12:48 PM PST
Does anybody know what the argument was that the court had for concluding "In God we Trust" does not violate the establishment clause with respect to atheism.

This seems like more of a simple bald-faced lie or denial then it does a constitutional rendering. How can a reference to a God that we Trust not be establishing a preferential established belief in God (note even the capital ''G'')to an athiest -- please read the first amendment?
Reply to this comment
by netadmin1-2009 December 4, 2007 12:56 PM PST
Well said rushman71
Reply to this comment
by kofiananimus December 4, 2007 1:14 PM PST
I believe in something I call God. I also believe STRONGLY in a clear separation between church and state. The government shouldn%u2019t have an opinion on god. Read the writings of Thomas Jefferson and James Madison for founders%u2019 thoughts on the subject. Majority does not rule when it comes to basic rights%u2026 The will of the many doesn%u2019t have the right to trample the basic rights of the few. Would you want to be enslaved just because a majority of your peers decided they wanted to enslave you? Being the majority doesn%u2019t make it %u201Cyour%u201D country. In the hypothetical situation of Christians being a minority, if you can%u2019t defend having %u201CIn the Flying Spaghetti Monster We Trust%u201D on official government documents, then shut up about %u201Cneeding%u201D %u201CIn God We Trust%u201D on them. Would not having %u201CIn God We Trust%u201D on official government documents damage your ability to believe in God?
Reply to this comment
by December 4, 2007 1:18 PM PST
kofiananimus, as all coins and dollar bills have written on them? If the governemnt is seperating themselves form church and state, then why do they have all the religeous holiday''s off? Where is the seperation there? Why is it the money you and everyone else in the United States uses say, "In God We Trust?" if there is supposed to be a seperation?
Reply to this comment
by j_liberte December 4, 2007 1:25 PM PST
Funny, the words, "under God", were not added to the pledge until the 1950''s. And that was done to ward off the Communist boogeyman. And now here were are on post-911 and it''s like the 1950''s all over gain!
Reply to this comment
by gunownerdan December 4, 2007 1:26 PM PST
THERE IS NO OTHER GOD BUT FSM!
Be touched by his noodly appendage.
Ramen!
Reply to this comment
by Ed0719 December 4, 2007 1:29 PM PST
"The National Government will regard it as its first and foremost duty to revive in the nation the spirit of unity and cooperation. It will preserve and defend those basic principles on which our nation has been built. It regards Christianity as the foundation of our national morality, and the family as the basis of national life."

Adolph Hitler - Feb. 1, 1933 radio address
Reply to this comment
by gunownerdan December 4, 2007 1:33 PM PST
I have a World War II German Army belt buckle that says "GOTT MIT UNS"(God With Us) on it right above an eagle holding a swastica.
Reply to this comment
by gunownerdan December 4, 2007 1:38 PM PST
I also have a silver German "Mother''s Cross" from 1938 that has a swastica right in the middle of it and on the back is Adolf Hitler''s signature.
For photos of historical Christian Nazi artifacts:
http://www.nobeliefs.com/mementoes.htm
Reply to this comment
by secundus2 December 4, 2007 1:42 PM PST
"I pledge allegiance to my flag and the republic for which it stands, indivisible with liberty and justice for all."

Those are the words (if I remeber correctly) Bellamy wrote. He wanted them to be recited in every country on earth that imitated America''s form of representative government.

Too bad that his expression of faith in republicanism got tangled up in the Congressional politics of the 20''s (isolationism) and the 50''s (red-baiting).
Reply to this comment
by gunownerdan December 4, 2007 1:57 PM PST
Communist China has more of our money than we do yet we used communism as the excuse to put "god" on our money int eh first place..................
Reply to this comment
by rushman71 December 4, 2007 1:59 PM PST
It really disturbs me that some people in this country have absolutely no respect for those who do believe in a "God". We give you a inch, and you take a yard!!!

For what Thomas Jefferson was saying, separation of church and state was not an abstract right but a necessary reform of the religious "tyranny" of one Christian sect over many other Christians - and of the interference of the state in affairs of religion.
And, yes, he did believe!!!
Reply to this comment
by tdpss555 December 4, 2007 2:06 PM PST
The term GOD is relevant to all religions, whether you''re Christian, Jewish, Muslim, American Indian, Hindu, Shinto, Buddist, etc.
The term does NOT promote any one religion, but is a concept accepted by the super-majority (90%) of Americans. This claim has absolutely no merit because he''s fostering HIS beliefs on the majority. There''s more logic to believing some intelligent force created this universe, than to believe it all sprung from nothing.
Reply to this comment
by rushman71 December 4, 2007 2:08 PM PST
tdpss555: Well said.
Reply to this comment
by docofthebay December 4, 2007 2:14 PM PST
It really disturbs me that some people in this country have absolutely no respect for those who do believe in a "God". We give you a inch, and you take a yard!!!
Posted by rushman71

What the he11 does THAT mean??? Atheists only are allotted an INCH according to WHOM?? The only person in this chat displaying lack of respect is YOU. Athiests want the right to assemble, and learn in schools, and go to work without religion. YOU seek to termintate American citizenship based on that desire. You want anyone who doesn''t see things your way OUT of the country. I think you have made a very clear point for why zealots like you are so dangerous to the country. You don''t want the right to be free to worship - or not - you want everyone to worship the way YOU want to worship, everywhere.
Reply to this comment
by gunownerdan December 4, 2007 2:14 PM PST
In Germany before WWII, a majority of the citizens felt that Hitler was the best Christian leader they have ever had. It didn''t make them right. Just because 90% of Americans believe in god does not mean they can force god on everyone else.
Reply to this comment
by mike71067 December 4, 2007 2:19 PM PST
And libs are still wondering why the term "liberal" has such negative connotations. Liberals are out of step with America at large.
Reply to this comment
by gunownerdan December 4, 2007 2:20 PM PST
GOD = Santa Claus for Adults
Reply to this comment
by mike71067 December 4, 2007 2:20 PM PST
"Just because 90% of Americans believe in god does not mean they can force god on everyone else."
-Posted by gunownerdan at 02:14 PM : Dec 04, 2007

This is a democracy. Majority rules. America is a Christian nation. Get over it. Or move to Europe, where the secularists have taken over.
Reply to this comment
by rushman71 December 4, 2007 2:26 PM PST
DocOftheBay: Try reading what I said again. I have friends of all kinds here in the US--Islamic, Atheist, you name it. If people don''t want to believe, then so be it. But what I will not accept is when people of another faith--or no faith--try to go out of their way to abolish my rights as a US citizen to believe in God and to be able to express my opinion of God. That is what this Newdow is trying to do.
Reply to this comment
by gunownerdan December 4, 2007 2:27 PM PST
%u201CDemocracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!%u201D - Ben Franklin
Reply to this comment
by docofthebay December 4, 2007 2:36 PM PST

Posted by rushman71
"DocOftheBay: Try reading what I said again."

Don''t you worry rush, I know exactly what you are about, you have made it abundantly clear.

"I have friends of all kinds here in the US--Islamic, Atheist, you name it."

I really doubt that.

"But what I will not accept is when people of another faith--or no faith--try to go out of their way to abolish my rights as a US citizen to believe in God..."

NOT what he''s trying to do, and so perhaps you should re-read this article.

"...and to be able to express my opinion of God. That is what this Newdow is trying to do."

Incorrect, VERY incorrect, again. This is about: "forcing public school children to recite the pledge, saying it was unconstitutional [as it contains "a coercive requirement to affirm God".]

you really are all about yourself, as I mentioned, you have a very narrow and self-serving perspective. And your lathered rant against athiests is a testament to your irrational position.
Reply to this comment
by soldat44 December 4, 2007 2:40 PM PST
You mean to tell me that because less than 3% of the USA population describes themselves as Athiests/Agnostic the rest of the population does not have a say in this. The logic escapes me. Let''s reverse the logic - Because 97% of the population believes in God we want it left in.
Reply to this comment
by mudrose-2009 December 4, 2007 2:49 PM PST
I think Mudrose is out to be wrong every step of the way. That is like his goal or something...what a wack job!

Posted by jh6379

Likewise. You are ignorant of the facts and when they are presented to you you are in denial or someelse is a wack job. There is no criteria forcing anyone to recite the pledge. Check it out dolt. The Founders were not atheists, nor were they progressives nor were the Darwinists. The Preamble to the Constitution reads that Man is Endowed by His Creator. The point of that phrase being that man gets his laws from the almighty. Not from man who distorts the laws to his own form of righteousness. If you are ignorant of these facts, at least explore them and find out what pilars the principals our our nation stand on. If you are ignorant dont'' accuse others of not knowing the Constitution. There is not separation of church and state. The ACLU made it up. It''s a figment of their imagination and dolts like you perpetuate it.
Reply to this comment
by gunownerdan December 4, 2007 2:50 PM PST
Maybe we can get back to the good old days of witch hunts and burning witches at the stake!
It''s fun for the whole family!
Reply to this comment
by gunownerdan December 4, 2007 2:52 PM PST
If Communism is such a horrible threat to America why did we give communist China all of our money??????
Reply to this comment
by mudrose-2009 December 4, 2007 2:53 PM PST
Of course Newdow always petitions to the 9th Circus because they are the wacked out way left wing nut judges who insert their opinions in the laws of theis country rather than interpret the Constitution as the founders intended. I''m hoping this will go up to the Supremes sometime soon or that one baffoon on that court realizes that Newdow has no standing. Cannot prove harm and it hell bent of helping the ACLU change our Constitution to reflect a Godless society which will never happen.
Reply to this comment
by lfitts1 December 4, 2007 2:54 PM PST
That''s right--if you don''t feel and believe the way that I do --we should repress ,enslave or kill you--oh yeh that''s been tried by the Nazis for instance--where do some of these people come up with their view of patriotism anyway--believe whatever you want as long as it agrees with the majority right?

''Patriots'' like that scare me more than terrorists !!!

Reply to this comment
by gunownerdan December 4, 2007 2:56 PM PST
No one''s saying you you can''t put god stuff up in your homes or in your churches, just keep it off of public owned property. It''s really simple!
Reply to this comment
by gunownerdan December 4, 2007 2:58 PM PST
Since money is the root of all(or most) evil, putting "god" on our money doesn''t make it any less evil.
Jesus said in the bible more than once that a rich man has as much of a chance of getting into heaven as a camel does of traveling through the eye of a needle.
Reply to this comment
by klingon69 December 4, 2007 3:00 PM PST
Wow, looks like the Klan meeting let out early...
rush, you obviously have no real love for the United States of America if you think that any of it''''s citizen fighting for the right to KEEP CHURCH AND STATE seperate means they should LEAVE the country. You are obviously of one narrow view which has nothing to do with freedom, or the American ideals.
Posted by DocOftheBay at 01:34 PM : Dec 04, 2007

Where, exactly, in the constitution does it say "seperation of church and state"???
Reply to this comment
by antoniof123 December 4, 2007 3:02 PM PST
If Communism is such a horrible threat to America why did we give communist China all of our money??????

Posted by gunownerdan at 02:52 PM : Dec 04, 2007

I think you got it wrong...the Chinese have lent us all of their money ;P

Posted by ozilot at 02:56 PM : Dec 04, 2007

And we have to pay them back with our money so he got it right and soon we will have to pay back more for the same amount because the idiot decider (Not Mine or WE THE PEOPLE) keeps borrowing it. As a Finance guy I know that if you keep borrowing and then can''t pay it back the collection agents will come for you. The neo cons can''t think that far in the future anything past beating there chest and staying the course is too far off for them.
Reply to this comment
by mudrose-2009 December 4, 2007 3:07 PM PST
"In God We Trust" is not the USA''''s national motto; it''''s "E Plurabus Unum."
Posted by antixlayer

I really think you should shut up, sit down and pay attention.
Part I
John Andrew Murray, the author, explains:


Fifty years ago, the phrase "In God We Trust" first appeared on our nation''s one-dollar bill. But long before the motto was signed into law by President Eisenhower, it was considered for U.S. coins during the divisive years of the Civil War.

On Nov. 13, 1861, in the first months of the war, Treasury Secretary Salmon P. Chase received the following letter from a Rev. M.R. Watkinson: "Dear Sir, One fact touching our currency has hitherto been seriously overlooked. I mean the recognition of the Almighty God in some form on our coins. You are probably a Christian. What if our Republic were now shattered beyond reconstruction? Would not the antiquaries of succeeding centuries rightly reason from our past that we were a heathen nation?"

The clergyman surmised correctly. Chase was indeed a Christian.

Reply to this comment
by mudrose-2009 December 4, 2007 3:08 PM PST
Part II

As a young man at Dartmouth College, Chase had described himself as skeptical of the Christian faith. He had written to a friend, Tom Sparhawk, in 1826: "A [religious] revival has commenced here [at Dartmouth]. I was not taught to believe much in the efficacy of such things but I do not know enough concerning their effects to oppose them." Not only did Chase tolerate Dartmouth''s revival of 1826, but he emerged as one of 12 new followers of Christ. As Chase wrote to another acquaintance in April of that year, "It has pleased God in his infinite mercy to bring me . . . to the foot of the cross and to find acceptance through the blood of His dear Son."

Reply to this comment
by mudrose-2009 December 4, 2007 3:09 PM PST
Part III

While the thought of a revival at an Ivy League school seems odd today, they were relatively commonplace back then. Like his contemporaries, Dartmouth President Bennet Tyler believed in the importance of integrating faith, virtue and knowledge: "As the obligations of morality are founded in religion, so also the only efficacious motives to a virtuous life are derived from the same source. The man who discards all religious belief . . . knows no law but his own inclination, and has no end in view but present gratification." As Chase would write to Sparhawk one year later: "Remember too that the religion of the Bible is the religion I would recommend . . . and I would wish you to make that book your counselor and your guide never forgetting to implore the teachings of the Holy Spirit of Truth."

Reply to this comment
by mudrose-2009 December 4, 2007 3:10 PM PST
Part IV

Chase''s relationship and trust in God would put him on a path that would affect both him and the country in the years to come. After graduating Phi Beta Kappa, Chase became a lawyer. Believing slavery to be a sin, he defended many escaped slaves in his early years of practice in Cincinnati. He tried to argue, for instance, against the Fugitive Slave Act of 1793 on the grounds that Ohio was admitted to the Union as a free state and not allowed to have slaves based on the Northwest Ordinance of 1787. Chase eventually gained the nickname "attorney general for runaway Negroes." He embraced the title (which was intended to be an insult) and went on to fight the institution of slavery while serving first as a U.S. senator and then as the governor of Ohio.
When then-Secretary Chase was chosen by President Lincoln to serve as chief justice of the Supreme Court in 1864, he appointed the first black lawyer to argue before the Supreme Court. And in an 1865 letter to black Americans in New Orleans, Chase encouraged "the constant practice of Christian virtues" to combat "unjust hostility" and "prejudice."

Reply to this comment
by gunownerdan December 4, 2007 3:12 PM PST
Imagine for one second that most Americans are Satan worshippers and they want "IN SATAN WE TRUST" on all our money. As a Christian, how would that make you feel that a majority of your fellow citizens have decided this for you?
Reply to this comment
by mudrose-2009 December 4, 2007 3:12 PM PST
No one''''s saying you you can''''t put god stuff up in your homes or in your churches, just keep it off of public owned property. It''''s really simple!
Posted by gunownerdan

Under the first amendment, it belongs anywhere we chose to put it.
Reply to this comment
by klingon69 December 4, 2007 3:13 PM PST
Athiests want the right to assemble, and learn in schools, and go to work without religion. You don''''t want the right to be free to worship - or not - you want everyone to worship the way YOU want to worship, everywhere.

First, I don''t think that is what is meant. A majority of citizens of this country do believe in a higher power, whether called God, Jehovah, Allah or corky cumquat.
Secondly, I have never found in the Constitution any place that says "seperation of church and state". Only phrase is that congress shall make no law establishing a religion, or forbidding the free exercise thereof.
Third, since this alleged seperation only affects government, how do you propose bweing able to go to work without religion? If the owner of the company is religious and has reference to it, does that mean that next you will try to get it taken out of all private business, maybe even private homes, since an athiest might decide to visit?
Reply to this comment
by gunownerdan December 4, 2007 3:18 PM PST
%u201CMay God Almighty give our work His blessing, strengthen our purpose, and endow us with wisdom and the trust of our people, for we are fighting not for ourselves but for Germany.%u201D
-- Adolf Hitler, 1933 Berlin Speech
Reply to this comment
by mudrose-2009 December 4, 2007 3:18 PM PST
What part of ''''Under God'''' is not in the original pledge don''''t you understand?

Should we add lyrics to ''''Love Me Tender'''' too?
Posted by jh6379

What part of Under God that is in the Pledge now don''t you understand?
Reply to this comment
by mudrose-2009 December 4, 2007 3:20 PM PST
May God Almighty give our work His blessing, strengthen our purpose, and endow us with wisdom and the trust of our people, for we are fighting not for ourselves but for Germany.%u201D
-- Adolf Hitler, 1933 Berlin Speech

Posted by gunownerdan

And now you see how misusing the name of God worked for Germany.
Reply to this comment
by sevenveils December 4, 2007 3:20 PM PST
This man is a curmudgeon, and never should one man such as he influence so many. If he has a problem with his child saying "one nation, under god", then he should just tell his child to fall silent on that part
Reply to this comment
by gunownerdan December 4, 2007 3:21 PM PST
%u201CWe were convinced that the people need and require [the Christian] faith. We have therefore undertaken the fight against the atheistic movement, and that not merely with a few theoretical declarations: we have stamped it out.%u201D
-- Adolf Hitler October, 1933

"I swear by God this Holy Oath, that I will render to Adolf Hitler, Fuehrer of the German Reich and people, Supreme Commander of the Armed Forces, unconditional obedience, and that I am ready, as a brave soldier, to risk my life at any time for this Oath."
-- German Military Oath of Allegience to Adolf Hitler, 1934

Most Nazis were Christians and they used God to justify their murderous ways.
Reply to this comment
by mudrose-2009 December 4, 2007 3:24 PM PST
This man is a curmudgeon, and never should one man such as he influence so many. If he has a problem with his child saying "one nation, under god", then he should just tell his child to fall silent on that part

Posted by sevenveils

Newdow can''t, like the ACLU can''t. They are confirmed nilhists hell bent on turning our nation into a Godless wonder. It''s been on their Agenda for over 30 years now and that''s why they don''t want creationism taught in the schools, the want Darwin''s theories that they were born apes and grew in men theories to dispute anything religious so our little heathens can spew their atheistic athems. The children of today are the dolts of tomorrow. Luckily we won''t live to see the dung heap that will make of this country.
Reply to this comment
by mudrose-2009 December 4, 2007 3:26 PM PST
Most Nazis were Christians and they used God to justify their murderous ways.
Posted by gunownerdan

Your justifications are stupid, ignorant like the pukefessors who taught you this unbelieveable c/rap. You bought it lock, stock and barrel. Hitler threatened the Church. One wrong move and he told Rome he would destroy it. Get a life dumb bell. Or at least get an education.
Reply to this comment
by gunownerdan December 4, 2007 3:27 PM PST
Yes, let''s teach religious fairytales in science class so third world countries can become more technologically advanced and powerful than we are. Great idea.
Reply to this comment
by mudrose-2009 December 4, 2007 3:28 PM PST
Maybe we should add more lyrics to "When the Saints Go Marching In"?
Posted by jh6379

May you should go down to Venezuela and sing it to Chavez. Quite frankly it would cause your demise rather quickly.
Reply to this comment
by gunownerdan December 4, 2007 3:29 PM PST
mudrose,
Photographs do not lie.
Hitler may have turned against the church later on but at first he used the church to gain his power.
Hitler and the Church -
http://www.nobeliefs.com/nazis.htm
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