Fed. appeals court upholds 'under God' in pledge

Lawyer Blogs

An appellate court has upheld references to God on U.S. currency and in the Pledge of Allegiance, rejecting arguments they violate the constitutional separation of church and state.

"The Pledge of Allegiance serves to unite our vast nation through the proud recitation of some of the ideals upon which our Republic was founded," Judge Carlos Bea wrote for the majority in the 9th U.S. Circuit Court of Appeals 2-1 ruling Thursday.

Bea noted that schools do not require students to recite the pledge, which was amended to include the words "under God" by a 1954 federal law. Members of Congress at the time said they wanted to set the United States apart from "godless communists."

In a separate 3-0 ruling, the appeals court upheld the inscription of the national motto "In God We Trust" on U.S. coins and currency, citing an earlier 9th Circuit panel that ruled the phrase is ceremonial and patriotic and "has nothing whatsover to do with the establishment of religion."

The same appeals court caused a national uproar and prompted accusations of judicial activism when it decided in Sacramento athiest Michael Newdow's favor in 2002, ruling that the Pledge of Allegiance violated the First Amendment prohibition against government endorsement of religion.

President George W. Bush called the 2002 decision "ridiculous," senators passed a resolution condemning the ruling and Newdow received death threats.

That lawsuit reached the U.S. Supreme Court in 2004, but the high court said Newdow lacked the legal standing to file the suit because he didn't have custody of his daughter, on whose behalf he brought the case.

So Newdow filed an identical challenge on behalf of other parents who objected to the recitation of the pledge at school. In 2005, a federal judge in Sacramento decided in Newdow's favor, prompting the appeals court to take up the case again.

Judge Stephen Reinhardt, who was part of the three-judge panel that ruled in Newdow's favor eight years ago, wrote a 123-page dissent to the 60-page majority opinion.

Related listings

  • Ginsburg endorses end to local judicial elections

    Ginsburg endorses end to local judicial elections

    Lawyer Blogs 03/12/2010

    Supreme Court Justice Ruth Bader Ginsburg is endorsing an end to the election of judges at the state and local levels.Ginsburg was speaking Thursday at a conference of female judges, many who are elected. She approves of the campaign by her former co...

  • Mass. court upholds state gun-lock requirement

    Mass. court upholds state gun-lock requirement

    Lawyer Blogs 03/11/2010

    The highest court in Massachusetts on Wednesday upheld the constitutionality of a state law that requires gun owners to lock weapons in their homes in a ruling applauded by gun-control advocates.The case had been closely watched by both gun-control a...

  • Supreme Court will hear case about vaccine side effects

    Supreme Court will hear case about vaccine side effects

    Lawyer Blogs 03/08/2010

    The Supreme Court will decide whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines.The justices on Monday agreed to hear an appeal from parents in Pittsburgh who want to sue Wyeth over the...

Victorville CA DUI defense Attorneys

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read