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 One
Nation Under God?
by Jim Elzerman
It started on June 26, 2002 when two judges on a three-judge panel
of the 9th U. S. Circuit Court of Appeals ruled that the Pledge
of Allegiance is unconstitutional and therefore cannot be recited
in school classrooms. The suit was brought by Michael A. Newdow
against the Elk Grove Unified School District for what he referred
to as the government infringing upon his rights. Newdow, a self-professed
atheist, objected to his daughter having to recite the Pledge which
includes the phrase "one nation under God."
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That phrase was added by an act of Congress in 1954. The ruling
by the 9th U. S. Circuit Court of Appeals states that including
"under God" in the pledge amounts to a government endorsement
of religion which violates the Establishment Clause of the First
Amendment, as applicable through the Fourteenth Amendment which
prohibits the government from establishing religion. A lower court
had earlier dismissed Newdow's claim, which sent it to the 9th U.
S. Circuit Court of Appeals. The decision is only binding in the
states over which the court has jurisdiction: California, Alaska,
Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Nevertheless, if this ruling is allowed to stand, it could set a
precedent that would spread across the nation.
On October 14, 2003, the U. S. Supreme Court granted a petition
to hear the case of Elk Grove Unified School District and David
W. Gordon, Superintendent, Petitioners v. Michael A. Newdow, et.al.
The petition will be limited to two questions:
1. Whether respondent has standing to challenge as unconstitutional
a public school district policy that requires teachers to lead willing
students in reciting the Pledge of Allegiance.
2. Whether a public school district policy that requires teachers
to lead willing students in reciting the Pledge of Allegiance, which
includes the words "under God," violates the Establishment
Clause of the First Amendment, as applicable through the Fourteenth
Amendment.
If the Supreme Court upholds the 9th Circuit ruling, the ban on
reciting the pledge would apply to every state. If the Court rules
against the action of the 9th U. S. Circuit Court of Appeals, that
too will be binding on every state. However, if the court is deadlocked
at 4 to 4 — a possibility since Justice Antonin Scalia has
removed himself from taking part in the case — the ruling of
the 9th Circuit would still be in force for the nine states in its
jurisdiction. (Justice Scalia removed himself because of a speech
he made last January in which he criticized the 9th U. S. Circuit
Court of Appeals, calling its ruling "contrary to our whole
tradition.")
So what can we do? Pray. Argument in the case is slated to begin
in front of the Supreme Court on Wednesday, March 24, with a ruling
expected sometime in June. Pray that the eight justices hearing
the case will understand the intent of our founding fathers and
the overwhelming opinion of the American public on the issue. Pray
for Justice Antonin Scalia as he faces pressure to remove himself
from all cases involving religion because of his convictions on
matters of religion. Pray also for bills in both the Senate and
the House of Representatives that would strip federal courts from
ruling on matters involving the Pledge of Allegiance, the national
motto and the Ten Commandments. Pray for Michael Newdow and his
daughter who both need the Lord. And most of all, pray fervently
that we remain "one nation under God."
For more information about this issue, check out the following
web pages:
www.family.org/cforum/feature/a0028396.cfm
www.family.org/cforum/judicial_tyranny/
http://caselaw.lp.findlaw.com/data2/circs/9th/0016423p.pdf
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