Posted on 03/11/2010 12:29:44 PM PST by SmithL
SAN FRANCISCO -- The words "under God" in the Pledge of Allegiance are an appeal to patriotism, not religion, and do not violate the separation of church and state, a federal appeals court ruled today - the same court that declared the pledge unconstitutional in 2002.
In a separate ruling, the Ninth U.S. Circuit Court of Appeals panel in San Francisco upheld the placement of the national motto, "In God We Trust," on coins and currency. The language is patriotic and ceremonial, not religious, the court said.
Both suits were filed by Michael Newdow, a Sacramento atheist who has filed numerous challenges to government-sponsored religious invocations.
His previous suit against the Pledge of Allegiance reached the U.S. Supreme Court in 2004. Without deciding the constitutional issue, the court said Newdow lacked legal standing to challenge the pledge on behalf of his daughter, because the child's mother, Newdow's former partner, had legal custody.
Newdow then refiled the suit on behalf of parents who had custody of their children and objected to the daily schoolroom recitals of "under God," which was added to the pledge by a 1954 federal law.
Newdow argued that the reference to divinity in a daily vow of allegiance violated the rights of atheists and agnostics and amounted to an unconstitutional government endorsement of religion. The appeals court disagreed in a 2-1 ruling.
"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 said in the majority opinion.
He said "one nation under God" referred to "our founding fathers' belief that the people of this nation are endowed by their creator with certain unalienable rights."
(Excerpt) Read more at sfgate.com ...
Newdow loses again. Good.
The 9th got one right
Wow! The 9th jerket Court of Slameels made this ruling? Perhaps there is hope after all.
Woah. The Ninth Circuit no less?
What’s going on here? [peeks out window] Are the end times upon us?
Huh, even a broken clock like the ninth is right once a day.
Is there hope afterall?
As often as those jokers are overturned, this is a bad omen.
Maybe they’re finally getting tired of being overturned?
Good for the ninth circus and it’s great Newdow bombed again.
Roger that. I can't stand the little creep.
The 9th Court? Thailand?
Was that actually in the decision?
How can "Under God" violate something that does not exist?
The 9th Court? Thailand?
The 9th does the right thing, if you can believe it ping! Woot!
Now go away, Newdow—far, far away!!
Many people who don’t believe in God - do not pledge allegiance anyway and usually don’t see a lot of money.
A ray of common sense from the 9th. Newdow has a “special” reward awating when he dies..........
>> The 9th got one right
A smart move by the 9th in my opinion.
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