Atheist to sue over 'In God We Trust' on money

SACRAMENTO, Calif. The atheist who's spent years trying to ban recitation of the Pledge of Allegiance in public schools says he'll file a new lawsuit this week.

Michael Newdow says he'll ask a federal court to order removal of the national motto "In God We Trust" from U-S coins and currency. He says it violates the religious rights of atheists who belong to his "First Amendment Church of True Science."

The church's "three suggestions" are "question, be honest and do what's right." Newdow says it wouldn't be right to take up a collection when the money says "In God We Trust."

Last year, the Supreme Court dismissed Newdow's lawsuit over the words "under God" in the Pledge of Allegiance because he doesn't have custody of his daughter, in whose name the lawsuit was filed.

Newdow has resurrected that case by filing an identical lawsuit on behalf of two families.

Newdow's personal Web site says he is the founder of the First Amendment Church of True Science.

"Although that ministry holds a firmly atheistic view of the world, it strongly supports the ideals behind the religion clauses of the First Amendment of the United States Constitution," the Web site says.

Newdow's original court complaint says that "for the state to ever subject plaintiff's daughter to such dogma -- expressing and inculcating purely religious beliefs that are directly contrary to the religious beliefs of plaintiff and the religious ideals he wishes to instill in his child -- would be of questionable constitutionality. For it to do this every single school day for 13 years -- using plaintiff's tax dollars, no less, to accomplish the affront -- is an outrageous and manifest abuse of power in direct violation of the religion clauses of the constitutions of both the United States and the state of California."

The U.S. District Court dismissed Newdow's lawsuit, ruling that the school board's pledge recitation policy is not a violation of the Constitution's religion clauses. In its dismissal, the court cited a prior federal court ruling that said pledge recitation is constitutional as long as children are not compelled to participate.

snip

The First Amendment states in part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Legal scholars have said that the 14th Amendment, which defines the limits of state laws, has been used by the courts to "incorporate" the Bill of Rights, or first ten amendments to the Constitution, "against" the states -- meaning that state governments had to abide by the provisions in the amendments.

The 14th Amendment says "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The pledge case has spawned a slew of amicus briefs -- petitions to the court from outside groups in support of either side of the case.

A number of U.S. lawmakers, both Democrats and Republicans, have filed petitions in support of the school board along with groups such as the American Legion, the National Education Association, the American Jewish Congress, the Christian Legal Society, and the Catholic League for Religious and Civil Rights. The state of Texas and the state of Idaho have also filed in support of the school board.

American Atheists, the American Humanist Association, Americans United for the Separation of Church and State, the Anti-Defamation League, the Church of Free Thought and other groups have filed petitions in support of Newdow.

http://tinyurl.com/a665u

Newdow has styled himself in some of his court filings as "the Rev. Dr. Michael Newdow," heading a church named "The First Amendment Church of True Science."

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RATIONALIST INTERNATIONAL

Bulletin # 99 (8 July 2002)

http://www.rationalistinternational.net

USA: A courageous atheist strikes back

In a time when America is getting used to the increasing presence of God in public life, a courageous atheist has decided to strike back. Michael Newdow, practicing physician and studied lawyer from California, is determined to re-enforce the First Amendment of the US Constitution, which guarantees separation of church and state. His case against the Pledge of Allegiance sparked national fury.

Every morning, millions of school children in the USA are looking at Stars & Stripes, clutching their hearts with their right hands and reciting the Pledge of Allegiance, which refers to America as "one nation under God". Michael Newtow, who did not want his eight-year-old daughter to be forced to participate in any religious ceremony, filed a case against the school authorities. Representing himself in court, he argued that the pledge violated the Constitution. He won - at least for one day. The Ninth Circuit court of appeals in San Francisco ruled 2:1 that the phrase "one nation under God" implies a government endorsement of religion. It amounted to "a profession of a religious belief, namely, a belief in monotheism," wrote Circuit-Judge Alfred Theodore Goodwin on behalf of the panel of three judges. "Invoking God's name is not religiously neutral."

snip

Though for the time being, American school children will continue to think of God under Stars & Stripes, Michael Newdow's case has shaken foregone conclusions and unleashed an all-out discussion about the relation of church and state in media and public. And Newdow, despite receiving abuses and serious death threats, is not going to stop here. Calling himself "founding minister" of the "First Amendment Church of True Science (FACT)", he is full of ideas and plans, how to curb the influence of religion on public life, and full of energy and confidence. He has already some other interesting cases running. With one, he tries to stop the Congress from making religious references in official resolutions. With another, he wants to stop President Bush from including Christian prayers in his inauguration ceremonies. He also wants the inscription "In God We Trust" to vanish from the Dollar.

Besides all, he is fighting a child-support battle for his daughter with his former wife. He thinks of practicing as an attorney in family law, which he considers - besides religion - the "most arcane, counterproductive, harmful system in our society".

"God who gave us life gave us liberty. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the Gift of God? That they are not to be violated but with His wrath? Indeed, I tremble for my country when I reflect that God is just; that His justice cannot sleep forever." - Query XVII, Notes on the State of Virginia (excerpts of those statements are on the Jefferson Memorial in Washington, D.C.)

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"One day I was just looking at the coins (that) is what brought this up. I saw 'In God We Trust' on my coins. I said, 'I don't trust in God,' what is this? And I recalled there was something in the Constitution that said you're not allowed to do that and so I did some research. And as soon as I did the research, I realized the law seemed to be on my side and I filed the suit. It's a cool thing to do. Everyone should try it."

Michael Newdow is a pathetic man. He is a doctor (and a lawyer, I think), rich and privileged, and he wants for nothing. No one tells him how to live his life or where to park his Porsche.

Yet he feels compelled to wreck the freedoms of millions of Americans, even alienating his own family in the process, using his daughter against her will, and against his wife's will.

I wish that Newdow and others like him had to pay for every penny in court costs and litigation they push for. I want to see him sell that Porsche to try and impeach God. Even atheists eventually die...I'd love to see a transcript of Newdow's argument at the gates of Heaven. Overruled, Michael. Push the down button.

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