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ACLJ praises federal court ruling allowing reference to God in Pledge of Allegiance
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The American Center for Law and Justice, a group devoted to defending the religious expression of right wing Christians, said a decision by a federal court in New Hampshire dismissing a lawsuit challenging the Pledge of Allegiance and the phrase “under God” represents a “sound and well reasoned decision.”
“We’re extremely pleased with the sound and well reasoned decision issued by the court – a decision that rejects another attempt to rewrite history by targeting the Pledge and the phrase ‘under God,’” said Jay Sekulow, Chief Counsel of the ACLJ. “The court reached the only decision that it could – the lawsuit was dismissed and the court concluded that the New Hampshire statute giving students an opportunity to voluntarily recite the Pledge in school is constitutional and consistent with the First Amendment. We’re pleased the court’s decision underscores the arguments made in our amicus brief: the Pledge is a time-honored exercise that embraces patriotism, not religion.”
In 2007, the Freedom From Religion Foundation, represented by Michael Newdow, sued two New Hampshire public school districts and Congress on behalf of several parents and students who objected to the voluntary recitation of the Pledge of Allegiance in school. Specifically, the lawsuit challenged the addition of the words “under God” in 1954 in the Pledge and the practice of reciting the Pledge in public schools as a patriotic exercise.
On September 30th, Chief Judge Steven McAuliffe issued an order rejecting the Plaintiffs’ arguments and dismissing the complaint. The court applied several different Establishment Clause tests and held that the school districts had not violated the Establishment Clause.
The court declared, “[t]he New Hampshire Pledge statute has a secular legislative purpose. It was enacted to enhance instruction in the Nation’s history, and foster a sense of patriotism. Its primary effect neither advances nor inhibits religion. It does not foster excessive government involvement with religion.”
The ACLJ’s friend-of-the-court brief argued that the Pledge and the phrase “one Nation, under God” do not violate the Constitution saying the words “simply echo the sentiments found in the Declaration of Independence and recognize the undeniable truth that our freedoms come from God.” The brief contended: “These words were placed in the Pledge of Allegiance for the express purpose of reaffirming America’s unique understanding of this truth. The United States is different from nations who recognize no higher authority than the State.”
“While the First Amendment affords atheists complete freedom to disbelieve,” the brief argued, “it does not compel the federal judiciary to redact religious references in every area of public life in order to suit atheistic sensibilities.”
In its decision issued yesterday, the federal court stated that the New Hampshire statute authorizing the voluntary recitation of the Pledge “plainly has a secular legislative purpose,” namely, “continuing ‘the policy of teaching our country’s history to the elementary and secondary pupils of this state’” and promoting patriotism. The court stated that “patriotism, rather than support of theism over atheism or agnosticism, was the guiding force behind the enactment of the New Hampshire Pledge statute.” The statute’s legislative history confirmed that it “was enacted for patriotic, not religious, purposes.”
In its amicus brief, the ACLJ represented 51 members of the 110th Congress including three Senators. The ACLJ also represented the Committee to Protect “Under God,” which consists of more than 80,000 Americans – including many parents of school-age children who attend public schools and desire to recite the Pledge of Allegiance as it was amended in the 1950’s.
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