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.
Kehinde Sanni spends his days smoothing out dents and repainting scratched bumpers in a modest autobody shop in Lagos. He has never left Nigeria, yet he speaks glowingly of Burkina Faso military leader Ibrahim Traore. “Nigeria needs someone like Ibrahim Traore of Burkina Faso. He is doing well for his country,” Sanni said. His admiration is shaped by a steady stream of viral videos, memes and social media posts — many misleading or outright false — portraying Traore as a fearless reformer who defied Western powers and reclaimed his country’s dignity. The Burkinabe strongman swept into power following a coup in September 2022
‘FRAGMENTING’: British politics have for a long time been dominated by the Labor Party and the Tories, but polls suggest that Reform now poses a significant challenge Hard-right upstarts Reform UK snatched a parliamentary seat from British Prime Minister Keir Starmer’s Labor Party yesterday in local elections that dealt a blow to the UK’s two establishment parties. Reform, led by anti-immigrant firebrand Nigel Farage, won the by-election in Runcorn and Helsby in northwest England by just six votes, as it picked up gains in other localities, including one mayoralty. The group’s strong showing continues momentum it built up at last year’s general election and appears to confirm a trend that the UK is entering an era of multi-party politics. “For the movement, for the party it’s a very, very big
ENTERTAINMENT: Rio officials have a history of organizing massive concerts on Copacabana Beach, with Madonna’s show drawing about 1.6 million fans last year Lady Gaga on Saturday night gave a free concert in front of 2 million fans who poured onto Copacabana Beach in Rio de Janeiro for the biggest show of her career. “Tonight, we’re making history... Thank you for making history with me,” Lady Gaga told a screaming crowd. The Mother Monster, as she is known, started the show at about 10:10pm local time with her 2011 song Bloody Mary. Cries of joy rose from the tightly packed fans who sang and danced shoulder-to-shoulder on the vast stretch of sand. Concert organizers said 2.1 million people attended the show. Lady Gaga
SUPPORT: The Australian prime minister promised to back Kyiv against Russia’s invasion, saying: ‘That’s my government’s position. It was yesterday. It still is’ Left-leaning Australian Prime Minister Anthony Albanese yesterday basked in his landslide election win, promising a “disciplined, orderly” government to confront cost-of-living pain and tariff turmoil. People clapped as the 62-year-old and his fiancee, Jodie Haydon, who visited his old inner Sydney haunt, Cafe Italia, surrounded by a crowd of jostling photographers and journalists. Albanese’s Labor Party is on course to win at least 83 seats in the 150-member parliament, partial results showed. Opposition leader Peter Dutton’s conservative Liberal-National coalition had just 38 seats, and other parties 12. Another 17 seats were still in doubt. “We will be a disciplined, orderly
RSS