A federal judge declared the reciting of the pledge of allegiance in public schools unconstitutional, a decision that could put the divisive issue on track for another round of Supreme Court arguments.
The case was brought by the same atheist whose previous battle against the words "under God" was rejected last year by the Supreme Court on procedural grounds.
US District Judge Lawrence Karlton ruled on Wednesday that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."
PHOTO: NY TIMES
Karlton said he was bound by precedent of the 9th US Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.
The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary-school daughter he sued on behalf of.
Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue. Newdow hopes that will make it more likely the merits of his case will be addressed by the high court.
"All it has to do is put the pledge as it was before, and say that we are one nation, indivisible, instead of dividing us on religious basis," Newdow told reporters.
"Imagine every morning if the teachers had the children stand up, place their hands over their hearts, and say, `We are one nation that denies God exists,'" Newdow said.
"I think that everybody would not be sitting here saying, `Oh, what harm is that.' They'd be furious. And that's exactly what goes on against atheists. And it shouldn't," he said.
Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts in Sacramento County, where the plaintiffs' children attend.
The order would not extend beyond those districts unless it is affirmed by the 9th Circuit, in which case it could apply to nine western states, or the Supreme Court, which would apply to all states.
The decision sets up another showdown over the pledge in schools, at a time when the makeup of the Supreme Court is in flux.
Wednesday's ruling comes as Supreme Court nominee John Roberts faced day three of his confirmation hearings before the Senate Judiciary Committee.
He would succeed the late William Rehnquist as chief justice. In July, Sandra Day O'Connor announced her plans to retire when a successor is confirmed.
The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th US Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.
The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th US Circuit Court of Appeals in Richmond, Virginia.
That court upheld a Virginia law requiring public schools lead daily pledge of allegiance recitation, which is similar to the requirement in California.
A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer.
"Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words `under God' contain no religious significance," Judge Karen Williams wrote for the 4th Circuit.
"The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity," she added.
Karlton, appointed to the Sacramento bench in 1979 by president Jimmy Carter, wrote that the case concerned "the ongoing struggle as to the role of religion in the civil life of this nation" and added that his opinion "will satisfy no one involved in that debate."
Karlton dismissed claims that the 1954 congressional legislation inserting the words "under God" was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.
Terence Cassidy, a lawyer representing the school districts, said he was reviewing the opinion and was not immediately prepared to comment.
‘UNUSUAL EVENT’: The Australian defense minister said that the Chinese navy task group was entitled to be where it was, but Australia would be watching it closely The Australian and New Zealand militaries were monitoring three Chinese warships moving unusually far south along Australia’s east coast on an unknown mission, officials said yesterday. The Australian government a week ago said that the warships had traveled through Southeast Asia and the Coral Sea, and were approaching northeast Australia. Australian Minister for Defence Richard Marles yesterday said that the Chinese ships — the Hengyang naval frigate, the Zunyi cruiser and the Weishanhu replenishment vessel — were “off the east coast of Australia.” Defense officials did not respond to a request for comment on a Financial Times report that the task group from
Asian perspectives of the US have shifted from a country once perceived as a force of “moral legitimacy” to something akin to “a landlord seeking rent,” Singaporean Minister for Defence Ng Eng Hen (黃永宏) said on the sidelines of an international security meeting. Ng said in a round-table discussion at the Munich Security Conference in Germany that assumptions undertaken in the years after the end of World War II have fundamentally changed. One example is that from the time of former US president John F. Kennedy’s inaugural address more than 60 years ago, the image of the US was of a country
DEFENSE UPHEAVAL: Trump was also to remove the first woman to lead a military service, as well as the judge advocates general for the army, navy and air force US President Donald Trump on Friday fired the chairman of the Joint Chiefs of Staff, Air Force General C.Q. Brown, and pushed out five other admirals and generals in an unprecedented shake-up of US military leadership. Trump wrote in a post on Truth Social that he would nominate former lieutenant general Dan “Razin” Caine to succeed Brown, breaking with tradition by pulling someone out of retirement for the first time to become the top military officer. The president would also replace the head of the US Navy, a position held by Admiral Lisa Franchetti, the first woman to lead a military service,
BLIND COST CUTTING: A DOGE push to lay off 2,000 energy department workers resulted in hundreds of staff at a nuclear security agency being fired — then ‘unfired’ US President Donald Trump’s administration has halted the firings of hundreds of federal employees who were tasked with working on the nation’s nuclear weapons programs, in an about-face that has left workers confused and experts cautioning that the Department of Government Efficiency’s (DOGE’s) blind cost cutting would put communities at risk. Three US officials who spoke to The Associated Press said up to 350 employees at the National Nuclear Security Administration (NNSA) were abruptly laid off late on Thursday, with some losing access to e-mail before they’d learned they were fired, only to try to enter their offices on Friday morning
RSS