March 12, 2010 8:47 AM
- Text
Pledge Of Allegiance Heads Back To Court
(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."
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."
Latest Now in National
- Great time of year to travel
- Model giving up career due to religious beliefs
- Could "web-lining" be dangerous?
- Emotions high in UVa. lacrosse murder trial
- What's next in Huguely trial?
- Drama in Huguely trial
- Seeking key to being truly happy
- Abe Lincoln would be turning 203
- Funeral to be held for Powell boys
- Should the U.S. be more involved in Syria?
- Bloodshed in Syria continues
- Contraception flap: How big an issue?
- Romney at CPAC: I'm true conservative
- Coroner in Ohio changes ruling in 1972 death
- APNewsBreak: Satellite spots tanks in Syrian city
- APNewsBreak: Satellite spots tanks in Syrian city
- Ill. Sen. Mark Kirk moved to stroke rehab center
Latest CBS News Headlines
on Facebook
on CBS News
- Hacker claims porn site users compromised
- Egypt's Muslim Brotherhood wants government sacked
- Jordan holds ex-intelligence chief in graft probe
- Palestinian prisoner on 55th day of hunger strike
on Facebook
- Adele sings a cappella for Anderson Cooper
- Beyonce and Jay-Z post first photos of Blue Ivy Carter
- Adele sings a cappella for Anderson Cooper
on CBS News






