thedrifter
06-14-04, 11:32 AM
U.S. Top Court Lets Schools Use `Under God' in Pledge (Update1)
June 14 (Bloomberg) -- Public school teachers can continue to lead recitations of the Pledge of Allegiance with the phrase ``under God,'' as the U.S. Supreme Court threw out a challenge to the practice by a California atheist.
The justices' 8-0 ruling came on Flag Day, 50 years after Congress added ``under God'' to the pledge. The court overturned a federal appeals court decision that said a California school district violated the U.S. Constitution's separation of church and state by requiring teachers to lead the pledge.
Five of the eight justices said California atheist Michael Newdow lacked the legal right to go to court to challenge daily recitations of the pledge at his daughter's school. Three other justices said the use of the pledge with the phrase ``under God'' is constitutional.
``The phrase `under God' in the pledge seems, as a historical matter, to sum up the attitude of the nation's leaders,'' Chief Justice William H. Rehnquist wrote for himself and Justice Sandra Day O'Connor. They and Justice Clarence Thomas voted to uphold the use of ``under God'' in the pledge as a constitutional matter, an issue that the majority of the court didn't reach.
The ruling may quell the firestorm that erupted after a June 2002 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals. That decision drew near-universal condemnation from politicians in Washington. Forty-three states have laws either authorizing or requiring public schools to lead students in the Pledge of Allegiance.
Affirming Belief
Newdow contended the pledge contains an affirmation of belief in God and that daily recitation unconstitutionally interferes with his right to rear his daughter, a grammar school student in Sacramento, according to his beliefs. Newdow took the unusual step of arguing his own case to the high court in March.
The Bush administration defended the use of the ``one nation under God'' phrase, saying it acknowledged the role that faith has played in the formation of the country.
The Pledge of Allegiance was adopted by Congress in 1942 without the ``under God'' reference. A year later, the Supreme Court ruled that public schools can't force children to recite the pledge.
In 1954 Congress voted to add the reference to God, citing a need to ``deny the atheistic and materialistic concepts of communism.''
Justice Antonin Scalia didn't participate in the case. He removed himself after being quoted in media reports as criticizing the appeals court decision.
The case is Elk Grove Unified School District v. Newdow, 02- 1624.
To contact the reporter on this story:
Greg Stohr at gstohr@bloomberg.net.
To contact the editor of this story:
Glenn Hall at ghall@bloomberg.net.
Last Updated: June 14, 2004 10:59 EDT
http://quote.bloomberg.com/apps/news?pid=10000103&sid=aHQeypbprsuM&refer=us
Ellie
June 14 (Bloomberg) -- Public school teachers can continue to lead recitations of the Pledge of Allegiance with the phrase ``under God,'' as the U.S. Supreme Court threw out a challenge to the practice by a California atheist.
The justices' 8-0 ruling came on Flag Day, 50 years after Congress added ``under God'' to the pledge. The court overturned a federal appeals court decision that said a California school district violated the U.S. Constitution's separation of church and state by requiring teachers to lead the pledge.
Five of the eight justices said California atheist Michael Newdow lacked the legal right to go to court to challenge daily recitations of the pledge at his daughter's school. Three other justices said the use of the pledge with the phrase ``under God'' is constitutional.
``The phrase `under God' in the pledge seems, as a historical matter, to sum up the attitude of the nation's leaders,'' Chief Justice William H. Rehnquist wrote for himself and Justice Sandra Day O'Connor. They and Justice Clarence Thomas voted to uphold the use of ``under God'' in the pledge as a constitutional matter, an issue that the majority of the court didn't reach.
The ruling may quell the firestorm that erupted after a June 2002 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals. That decision drew near-universal condemnation from politicians in Washington. Forty-three states have laws either authorizing or requiring public schools to lead students in the Pledge of Allegiance.
Affirming Belief
Newdow contended the pledge contains an affirmation of belief in God and that daily recitation unconstitutionally interferes with his right to rear his daughter, a grammar school student in Sacramento, according to his beliefs. Newdow took the unusual step of arguing his own case to the high court in March.
The Bush administration defended the use of the ``one nation under God'' phrase, saying it acknowledged the role that faith has played in the formation of the country.
The Pledge of Allegiance was adopted by Congress in 1942 without the ``under God'' reference. A year later, the Supreme Court ruled that public schools can't force children to recite the pledge.
In 1954 Congress voted to add the reference to God, citing a need to ``deny the atheistic and materialistic concepts of communism.''
Justice Antonin Scalia didn't participate in the case. He removed himself after being quoted in media reports as criticizing the appeals court decision.
The case is Elk Grove Unified School District v. Newdow, 02- 1624.
To contact the reporter on this story:
Greg Stohr at gstohr@bloomberg.net.
To contact the editor of this story:
Glenn Hall at ghall@bloomberg.net.
Last Updated: June 14, 2004 10:59 EDT
http://quote.bloomberg.com/apps/news?pid=10000103&sid=aHQeypbprsuM&refer=us
Ellie