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A Victory for Patriots at the Ninth Circuit Court of Appeals


A Victory for Patriots at the Ninth Circuit Court of Appeals
Students in California and across the nation can continue to recite the Pledge of Allegiance in public school, including the phrase “one Nation under God.”
In 2002, a lawsuit filed by avowed atheist Michael Newdow claimed that the phrase “one Nation under God” violated the establishment clause of the United States’ Constitution. In a highly controversial decision, the Ninth Circuit agreed with Newdow and stated in their majority opinion that the phrase “one Nation under God” was an endorsement of monotheism when the Pledge was recited in public schools. The decision undermined 110 years of American tradition in public schools, and was immediately appealed to the U.S. Supreme Court.
In 2004, the Supreme Court heard the appeal and rejected Newdow’s claim on the grounds that he was not the custodial parent of the daughter who was the focal point of the lawsuit, and therefore lacked standing in the case. A new suit opposing the pledge was then filed on behalf of three unnamed families in January 2005 in the U.S. District Court for the Eastern District of California.
In September of that same year, District Court Judge Lawrence Karlton ruled in favor of the families, citing the 2002 ruling by the Ninth Circuit, although the earlier case by Newdow was ultimately thrown out due to Newdow’s lack of standing. The case was again appealed to the Ninth Circuit Court.
Just last week, the Court of Appeals overruled Judge Karlton. A judicial panel’s 2-1 decision upheld the constitutionality of the Pledge of Allegiance, ruling that the words were of a “ceremonial and patriotic nature” and did not constitute an establishment of religion. This momentous decision could be the end of the road for the small group of atheists’ effort to eliminate “one Nation under God” from the Pledge.
This latest ruling finally brings the Ninth Circuit in line with other federal appellate courts in upholding a school’s right to have students face the flag and recite the pledge at the beginning of the day. Carol J. Williams writes in the LA Times that the unity among the circuit courts makes it unlikely that the Supreme Court will again review the decision, an opinion shared by both Newdow and those in favor of preserving “one Nation under God” in the Pledge.
The original “Pledge of Allegiance” was written in 1892 by Francis Bellamy, a Baptist minister, who composed it in commemoration of the 400th anniversary of the discovery of America by Christopher Columbus. He hoped to encourage the flying of the American flag in schools and foster patriotism in the hearts of the children.
After a proclamation by President Benjamin Harrison, the Pledge was first used in public schools on October 12, 1892, during Columbus Day observances.
The original Pledge has been amended three times, first to add “the flag of the United States” instead of “my flag.” Then the addition of “of America” was later added to complete the phrase “the flag of the United States of America.”
The final amendment was established by the U.S. Congress to include “under God” in 1954, a bill signed into law by President Dwight D. Eisenhower just 56 years ago.
California Family Council (CFC) applauds the decision by the Ninth Circuit Court of Appeals allowing children in California and across the nation to continue to recite the Pledge, promoting the values of patriotism and respect.
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