Quote:Pledge Ruled Unconstitutional
Wed Jun 26, 3:10 PM ET
By DAVID KRAVETS, Associated Press Writer

SAN FRANCISCO (AP) - For the first time ever, a federal appeals court declared the Pledge of Allegiance unconstitutional Wednesday because of the words "under God" added by Congress in 1954.

The ruling, if allowed to stand, means schoolchildren can no longer recite the pledge, at least in the nine Western states covered by the court.

The 9th U.S. Circuit Court of Appeals ( news - web sites) said the phrase amounts to a government endorsement of religion in violation of the Constitution's Establishment Clause, which requires a separation of church and state.

"A profession that we are a nation `under God' is identical, for Establishment Clause purposes, to a profession that we are a nation `under Jesus,' a nation `under Vishnu,' a nation `under Zeus,' or a nation `under no god,' because none of these professions can be neutral with respect to religion," Judge Alfred T. Goodwin wrote for the three-judge panel.

The government had argued that the religious content of "one nation under God" is minimal.

But the appeals court said that an atheist or a holder of certain non-Judeo-Christian beliefs could see it as an endorsement of monotheism.

The 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington state. Those are the only states directly affected by the ruling.

However, the ruling does not take effect for several months, to allow further appeals. The government can ask the court to reconsider, or take its case to the U.S. Supreme Court.

The case was brought by Michael A. Newdow, a Sacramento atheist who objected because his second-grade daughter was required to recite the pledge at the Elk Grove school district. A federal judge had dismissed his lawsuit.

"I'm an American citizen. I don't like my rights infringed upon by my government," he said in an interview. Newdow called the pledge a "religious idea that certain people don't agree with."

The appeals court said that when President Eisenhower signed the legislation inserting "under God" after the words "one nation," he wrote that "millions of our schoolchildren will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our nation and our people to the Almighty."

The court noted that the U.S. Supreme Court has said students cannot hold religious invocations at graduations and cannot be compelled to recite the pledge. But when the pledge is recited in a classroom, a student who objects is confronted with an "unacceptable choice between participating and protesting," the appeals court said.

"Although students cannot be forced to participate in recitation of the pledge, the school district is nonetheless conveying a message of state endorsement of a religious belief when it requires public school teachers to recite, and lead the recitation of, the current form of the pledge," the court said.

Quote:I always had more of a problem with the liberty and justice for all part more than the one nation under god thing.

Quote:One team has a muslim player, who sit's out the pledge every time.

Quote:One team has a muslim player, who sit's out the pledge every time

Quote:Arpi, you make a very good point, but shouldn't we also eliminate religious holidays from being national holidays as well? I for one would like my mail on Christmas.

Quote:i consider that discrimination.

Quote:There is no penalty for not saying the pledge.

Quote:One nation under God could easily be interpreted by him as one nation under Allah if he desired.

Quote:yes, they should be eliminated. we get 2 christian holidays but no jewish, muslim, or any other. i consider that discrimination.

Quote:i dont see the point of the entire pledge.i saw it all every day in school, and it wont stop me from treason or anything.its words that i say by memory, no real meaning

Quote:there isnt a person in this country that thinks Allah is the reference in the pledge

Quote:You have no passion or aligance to your nation? Do you need to see September 11th all over again to get a clue. Do you not have any appretiation for the ten's of thousands that died for your freedom? Wanna try life in Iran or Iraq for awhile to maybe get a clue?